Employee Handbooks

Workplace Safety Management

I have recently learned of two helpful online courses being offered by Edmonds Community College this summer that should be of interest to business owners, human resource professionals and managers.  These classes are part of a two year Occupational Safety and Health Technician degree, but pursuit of such a degree is not required to take the classes as I understand it.  The classes would also apply towards pursuit of a bachelor's degree in Safety and Health Management at Central Washington University - Lynnwood. 

Summer classes run July 1, 2008 to August 22, 2008.  Registration starts May 29, 2008.  The classes are:

• Safety Management (Occupational Safety and Health 110), this course covers safety practices, major workplace hazards, emergency preparedness and how to collect, evaluate and respond to safety and health trend data and develop site-specific programs, policies and procedures.

• Workplace Violence Prevention Occupational Safety and Health 255), review the history of violence in the workplace; study different types of threats, such as internal versus external; analyze case studies; explore a variety of prevention strategies; create violence prevention plans.

To learn more go to Edmonds CC Occupational Safety and Health Web site , call 425-640-1843 or email kerrie.murphy@edcc.edu.

If anyone takes these courses, I'd love to hear from you about your experience!

More to Consider Before You Terminate An Employee

Both attorney Rod Stephens over at Employment Advisory and attorney Jennifer Brown Shaw of Shaw Valenzza LLP have recently written some good advice regarding facts to consider before you terminate an employee, whether a single employee termination or a layoff/reduction in force.

They point out the following issues, which I would add to my list of "10 Things to Keep in Mind" when you must terminate an employee:

• 11.  DO consider the timing.  In the Colorado case described by Stephens , one of the key problem facts for the employer is that he chose to terminate his employee immediately after receiving an email where she protested certain wage and hour policies.  Even if there might be good reasons for terminating an employee, frequently those will get lost in the shock value of terminating an employee immediately after they have asserted some protected legal right (here, the right to lunch breaks, among other things).
• 12.  DON'T fire without good documentation.  Certainly there are times where an employee engages in behavior so egregious that you might need terminate them immediately (such as an assault on another employee, for example).  However, as Shaw notes in her excellent article “Employee Terminations: Steps to Reduce Liability” , during a layoff or reduction in force it might be tempting to use the downsizing as a way to get rid of “problem” employees, you still must have a paper trail to support your choice.

Draft Employee Release Agreements Carefully

I read a great article today from the folks at the law firm Littler Mendelson regarding several "traps for the unwary" in drafting effective and binding employment releases.  As a general rule you should definitely contact an attorney before having an employee sign a release/waiver of rights, but this article is still a good read.  Be aware that there are some rights you can NOT ask an employee to waive, period:  the right to file an unemployment compensation claim; the right to file a workers compensation claim; and certain unpaid wage and unpaid overtime claims.  The federal Equal Employment Opportunity Commission has taken the position that you cannot require an employee to forgo their right to file a charge of discrimination.  All food for thought as you prepare to terminate an employee or undergo a reduction in force.

FLSA Online Overtime Calculator

Thanks to New York lawyer Randy L. Braun over at Juz the Fax , for alerting me to the United States Department of Labor’s new online calculator to determine correct payment of overtime, under federal law.  I suspect he is correct that this tool may be used more by employees than employers, but either way it is a helpful site packed with a lot of information in addition to the “calculator.”  Naturally you should also check with state law before making any final determinations about proper payment.  Washington State’s Department of Labor and Industries offers a nice comparison chart regarding Washington and the federal overtime laws.  Both the federal and the state sites offer a lot of guidance for employers trying to figure out whether, and how, to pay overtime.

When You Have to Fire An Employee - 10 Things to Keep In Mind

An article in today’s Seattle Post-Intelligencer, “Use forethought, respect when letting employees go”, lays a good background of what to keep in mind when you have reached the conclusion you must terminate an employee.  This is one of the most difficult decisions to make, and I find far too many employers put it off, then a crisis forces them to act on impulse.  Here are ten key things to keep in mind when the time comes to terminate an employee:

1. DON’T lie.  A manager makes a huge mistake by trying to not hurt an employee’s feelings, or trying to gloss over performance problems because the manager feels badly about having to terminate the person.  Be direct, be clear and be quick.  You do not have to put the reason in writing, but be aware that a Washington law gives an employee the right to request that the reason be put in writing.
2. DON’T leak the decision to terminate to anyone who is not on a “need to know” basis.  Allowing the news to come through the grapevine is a sure way to make an already difficult situation ten times worse.
3. DON’T fire someone on a Friday or right before a big holiday.  Earlier in the week allows them to start looking for a job right away, and ensures access to support services if an employee is especially traumatized by the termination.
4. DON’T email or text an employee with the news.  Learn from Radio Shack's mistake - firing 400 employees via email was the PR nightmare heard round the Internet.
5. DON’T withhold money from their paycheck, other than those items required or allowed by law.  Washington has very specific laws and regulations about what can and cannot be withheld from a final paycheck.  Even when an employee steals from you, those laws must be followed.
6. DO have a third party present. Typically an HR person, but in any case it is a good idea so that later there is no confusion or ability to misrepresent what was said.  Have that person take notes.
7. DO have a security plan in place.  Think in advance what needs to be done should the departing employee become violent.  Or return with intent to harm others in the workplace.
8. DO follow your own policies and procedures.  Making sure the decision to terminate follows in step with company policies and procedures helps eliminate arguments later that the decision was somehow improper as it did not comply.
9. DO back up the employee’s computer files, and contact your IT person.  Terminated employees have been known to delete or remove files out of spite, or with the intent of taking valuable information with them to a new place of employment.
10. DO contact an attorney in advance if you have reason to believe this termination could lead to a lawsuit (even a frivolous one).

Upcoming Seminars Helpful For Washington Businesses

I've received notice of several interesting upcoming seminars.  I can't vouch for their usefulness as I am not affiliated with any of the following organizations, but they sound helpful:

Washington State Department of Revenue: Learn about Washington excise taxes, reporting classifications, deductions, tax incentives, sales tax collection and record-keeping requirements at a workshop for new and small business owners, 1-4 p.m., 2101 Fourth Ave., Suite 1400, Seattle. Cost: free.  Information.

Northwest Entrepreneur Network: Experts on human resource issues will speak about the practical elements of hiring key people and the best practices in HR for building a high growth company, at a half-day workshop titled "Essentials of Employee Growth -- Scaling Human Capital," 7:30 a.m. to noon, Davis Wright Tremaine Offices, 1501 Fourth Ave., suite 2600, Seattle. Cost: $65 for members, $115 for non-members.  Information.

MIT Enterprise Forum: Colin McWhinnie, president of SalesXperts, and Jason Hausske, managing partner at Atlas Accelerator, will speak on "How To: Get Customers," 6-8 p.m. One Union Square Boardroom, 600 University St., Seattle. Cost: $25. Information.

Alcohol at Company Events May Equal Liability

Many companies stop to consider the effects of serving alcohol at the winter/holiday party, but somehow the department “happy hour” social or the summer picnic escape the same level of scrutiny.  However, attorney Greta M. Kearns offers this timely reminder in Business First of Columbus, "Businesses that serve alcohol at events should be aware of liability".

Washington (unlike Ohio and many other states) has not enacted any legislation regarding the liability of a host (commercial, social or otherwise) who furnishes alcohol to a guest and where an intoxicated guest damages a third party.  Washington courts have imposed liability where:  1) an employer requires the employee’s attendance at the function; 2) the function furthers the employer’s interest(s) in some way; and 3) where the employer had some ability to stop the consumption of alcohol when it is apparent that the employee is “obviously intoxicated.”

Ways to minimize liability include hosting an event during the day, not making the function mandatory, limiting the amount of alcohol available, and providing designated drivers (whether in the form of volunteer employees or taxi coupons).

New Year, New (WA) Minimum Wage

With the new year, Washington state's minimum wage increases to $7.93 per hourfor workers 16 years and older.  Fourteen and fifteen year old workers may be paid 85% of the minimum wage (=$6.74 per hour).  Washington state's Department of Labor and Industries has a good general information website on compliance with wage and hour laws, including a link to the required 2007 Minimum Wage Poster (in English and Spanish).

Responding to a Charge of Discrimination

I just read a great article, A Few Practical Tips on Responding to a Discrimination Charge, over at Workforce Management by James Kingma.  It focuses on what to do when an employee (or former employee) files a charge of discrimination with the EEOC.  It offers a plain language primer on what an employer should be considering and what actions to take in that situation.

Resources For Evaluating Employee Compensation

Frequently I have clients ask me about resources to determine what to pay employees, or to determine whether or not they are keeping up with the market.  Fortunately, there are some valuable resources available on the internet.  Some, like salary.com do seem to be a bit on the inflated side, given my clients’ experiences. Nonetheless, here are some good places to check out when evaluating wages:

1) United States Department of Labor Wage Info;
2) Salary.com (you can narrow your search by geographical region, among other variables);
3) Washington State's Employment Security Department also has a page with a lot of information; and
4) Hotjobs.

A recent article, “Lawsuits Could Raise Scrutiny of Compensation Surveys”, notes that business owners and executives should exercise caution when discussing wage information - in certain circumstances inappropriate discussions can constitute violations of the anti trust laws. As pointed out in the article, “under current rules, employers are allowed to share salary information as long as it’s through an independent third party and the information is not specific.”  Most small employers are not likely to run afoul of these regulations - usually they don’t have the pull to affect the compensation of an entire class of workers in an industry.