The turn of the year is a great time for making resolutions in our personal lives and in our professional lives as well. Legal compliance and other areas of HR, as you no doubt realize, can be complicated. But don’t feel daunted! As with any complex issue in life, break it down into manageable parts. Pick just an area or two on which to focus. Get started now and you’ll be surprised by how much you’ve accomplished by year end. And, as with the success of any resolution, if you get sidetracked, simply get back to it as soon as you can. Here are some ideas for areas to start improving upon in the new year:
HR Audit—assess your weaknesses before someone else does and work to reduce your risk exposure in the most important areas first;
Classification – make sure your workers are properly classified as employees or independent contractors;
Policy and Handbook Review and Update – update policies as needed and make sure your handbook reflects all changes; communicate any changes to staff.
Training — set up training for your managers (and employees as appropriate); important areas include your policies and procedures, documentation, recruiting practices, nondiscrimination, retaliation and harassment.
Fair Labor Standards Act – evaluate the exempt vs. nonexempt status of all positions to make sure you’re in compliance.
Performance Management – create a complete system, beginning with the job description and tying into your goals and mission, that occurs year round with continual feedback and no surprises;
Job Descriptions – have employees and managers review and update all job descriptions; if you don’t have job descriptions, it’s a great time to create them.
Wellness Program – institute one or improve the one you have to create a healthy workplace culture; conduct an employee survey to find out what’s working well and what could be better;
New Employee Onboarding – enhance and improve your program for new employees so they acclimate and become productive team members sooner.
HRSentry is the best place to learn about what you can do with all of these topics and all of the issues you face daily as an HR professional. There’s even a mobile app for conducting an HR audit. So begin the new year on the right foot with HRSentry resources at your fingertips!
If you were getting ready to download and post the employee rights poster next month, you can wait a while longer. The National Labor Relations Board (NLRB) has agreed to postpone the effective date until April 30, 2012 at the request of a federal court in Washington, DC which is hearing a related case. This latest ruling from the NLRB states that it has determined that the postponement will facilitate the resolution of the legal challenges that have been filed with respect to the rule.
Unless legal challenges dictate otherwise, most private sector employers will be required to post the 11-by-17-inch employee rights notice by the new April 30th deadline. The notice may be downloaded for free from the NLRB through its website which provides additional information on posting requirements as well as on NLRB jurisdiction.
Specifically excluded from NLRB jurisdiction are:
federal, state and local governments, including public schools, libraries, and parks, Federal Reserve banks, and wholly-owned government corporations;
Employers who employ only agricultural laborers, those engaged in farming operations that cultivate or harvest agricultural commodities or prepare commodities for delivery;
Employers subject to the Railway Labor Act, such as interstate railroads and airlines.
Colchester, VT – HRSentry, has announced the release of their new mobile app, “HR Audit”. This mobile HR Audit is available for free on both Apple and Android devices. “This new app provides an essential assessment tool for managers to determine if their organizations are in compliance with federal employment laws and best practices,” says Dean Haller, HRSentry’s CEO, noting that “this 60-question process quickly helps identify those areas that may pose a significant risk of fines or lawsuits.”
To download HRSentry’s “HR Audit” visit the Apple App Store or Android Market and search for “HR Audit”. In addition to the HR Audit, HRSentry’s first app “HR At Your Fingertips” for the iPhone and iPad, continues to rank as one of the top business apps in the Apple store.
About HRSentry:
Since being founded in 2003, HRSentry’s mission has been to create, deliver, and support services and training that empower the organization to be self-sufficient in administration of its Human Resource policies, practices, and procedures. HRSentry’s services enable the user to access Human Resource forms, policies, and procedures; link to federal and state laws, regulations, and resources and expand their knowledge of HR through state-of-the-art training mediums. For more information visit www.hrsentry.com.
Tonight is the first night of Hanukkah, the winter solstice looms, and Christmas and the start of Kwanzaa are just a few days away. ‘Tis the season. Human resources professionals still may be busy wrapping up year end tasks, perhaps still breathlessly; but there’s an optimistic sense that the whirlwind of activity is easing, if just a bit. Even the number of employee problems or questions wanes as plants shut for the holidays or staff take vacation to celebrate their holidays. Whew! With no fires to put out, it’s time for HR to get some work done at a reasonable pace.
So, HR professionals, take time to breathe. And then take some time to brush up on best practices, educate yourself on compliance with employment laws, and anticipate and prepare for some of the problems that inevitably arise in your workplace. Toward these aims, it’s a great idea to thoroughly peruse and familiarize yourself with the HRSentry website, precisely the help you’ll need at your fingertips to save time and legwork in the coming year.
From the HRSentry home page, click on Custom Profile and update your information to be presented with valuable resources that are tailored to your needs. Click on HR Solutions to find the information kits we’ve put together for you on myriad HR topics by clicking: HR Daily Tasks, HR Education and HR Modules. It’s also a great idea to peruse the Best Practices library (on the lower left of the home page) to ensure your organization is on top of the most pressing issues.
Taking these steps now will save you lots of time when the flurry of activity resumes. So give the gift to yourself of using HRSentry to its fullest. You’ll breathe easier.
Previously, we discussed the importance of classifying your workers properly, whether independent contractors or employees. Greater attention is being paid by the IRS, as well as a number of states, as to whether employers are misclassifying their workers; at the same time, the IRS has created the Voluntary Classification Settlement Program (VCSP) to allow employers to come into compliance relatively painlessly. Here’s the gist of how it works:
Under the VCSP, an employer that wants to reclassify one or more workers as employees going forward must complete an application form (Form 8952) 60 days in advance of the date it wishes to make the change. Note that, to be eligible, the employer must have consistently treated the workers in question as non-employees and must have filed all required Forms 1099 for the workers for the previous three years. Additionally, the employer must not be under current IRS audit by the IRS nor can it be under audit by the U.S. Department of Labor (DOL) or a state agency regarding the classification of such workers.
If accepted into the program, the employer:
will pay 10% of the amount of employment taxes calculated under the reduced rates of section 3509(a) of the Internal Revenue Code (IRC) for the compensation that was paid to the worker(s) for the most recent tax year;
will not be liable for any interest and penalties on the payment;
will not be audited for employment tax purposes for prior years with respect to the worker classification of the worker(s.)
Note that the IRS indicates that completing Form 8952 does not trigger an audit even if you are not accepted into the VCSP. You might, of course, be audited for other reasons but should not fear that completing the application will increase your chances. (See the IRS web site for additional FAQs.) Who needs the worry of failing an IRS or other worker classification audit? The VCSP is an excellent opportunity for employers wishing to come into compliance going forward and allay those fears.
