April 2016

HR Strategies goes above and beyond in managing customized HR solutions for companies that are motivated to reduce costs by using HR Outsourcing. As a Professional Employer Organization (PEO), HR Strategies becomes your Payroll Processing Company and Workers' Compensation Outsourcing, handles your Employee Benefits, provides Human Resource Consulting, works with you on Human Resources Regulatory Compliance, and provides Human Resource Training, as well as many other related HR responsibilities.

Our professionals enable small business owners to focus on their core competencies, rather than focusing on running payroll, providing employee benefits, or the many other facets of human resource administration. We allow business owners to concentrate on their passion, without being distracted by countless human resources responsibilities.
Untangling an Employee’s
Web of Deception

HR Stories From The Front Lines*

HR Directors often face employee drama that outshines the most sensational prime time show. From tales of scandalous acts in the breakroom to workplace conspiracies, HR Directors hear the most outrageous stories or excuses from their employees, and sometimes the investigation reveals an unexpected web of lies. How does an employer sift through the lies to uncover the truth?

Learn how one HR Director found the truth hidden beneath a trusted manager's malicious plot to oust an unwanted employee.

Read more

(*This incident really happened; but, names and other details have been changed.)

Stay Up to Date on the Latest Employment Legal Updates

Available Now -- OSHA’s New Whistleblower Investigations Manual
Could An Earlier Release Date Of The New FLSA Regulations Be On The Horizon?
Driving – Is It An Essential Job Function?
EEOC Releases Guidance Materials Aimed At Small Employers
Healthcare And Social Service Employers -- New OSHA Guidance Materials Apply To You
In The US, Even A Car Has Privacy Rights
Religious Accommodation For Atheists?
It's April 1st -- Where's the new I-9 Form?

California: Do Your Anti-Discrimination/Harassment/Retaliation Policies Meet The New Requirements?
California: Take Action Now To Comply With The New FEHA Regulations
California: It's the End of the World as California Employers Know It ...
California: Conformity Is King – At Least When Calculating A California Employee’s Regular Rate Of Pay On A Nondiscretionary Bonus
California: New FEHA Regulations Also Require Employers to Update Their PDL Notices
Connecticut: Clarification On The Connecticut Independent Contractor Test
Michigan: New Unemployment Compensation Notice Posting Requirements For Employers
New York: Wage And Hour Liability -- This Time Its Personal (At Least For “Top Ten” Shareholders Of Private Corporations)
North Carolina: Scope Of Wrongful Termination Claims (Somewhat) Limited
Pennsylvania: Prohibiting Workplace Recordings in Pennsylvania May be Permissible
Utah: New Limitations On Post-Termination Noncompete Agreements In Utah
Wisconsin: New Unemployment Insurance Notice For Wisconsin Employers
Wyoming: Wyoming Says “Yes” To Veteran Hiring Preference

Handling Workplace Paparazzo

Brain Teaser

A2Z Device Manufacturing has a problem with Woody, one of its assembly line workers. Woody fancies himself an amateur reporter and records conversations in the workplace including: private conversations with co-workers, counseling sessions with his supervisor, and team meetings.

Woody does not have permission from management or his co-workers to record anything in the workplace. Further, Woody never tells anyone that he is recording their conversations. One day, Woody ‘lets it slip’ that he has recorded every word of a past discussion and threatens to use those recordings against the individual.

Recently, several employees complained to Allen, the supervisor, about Woody’s conduct. The employees believe their privacy is being violated and feel uncomfortable working with Woody. Rather than address the issue, Allen avoided disciplining Woody for performance and behavior issues because he does not want to be caught on ‘Candid Camera.’

Allen comes to you, the HR Director, and asks you to “take care of it.” How should you handle this issue?
  1. Add a No Recording in the Workplace policy to your handbook, then fire Woody for violating company policy.
  2. Review existing policies with Woody, such as your Anti-Harassment Policy, Confidentiality and Proprietary Information Policy, as well as your HIPAA and Cell Phone Use Policy, to ensure Woody understands that recording in the workplace may violate these policies and advise Woody that future policy violations may result in disciplinary action.
  3. There is nothing you can do. Employees have every right to record events that occur in the workplace.
View the answer.

Retaliation: Recognizing A Hidden
Threat in the Workplace
Manager Training

Retaliation claims are the “sleeper cells” of employment litigation. Camouflaged as an innocuous act, the retaliation claim typically remains dormant until activated by another, more egregious act. Are you able to successfully identify potential retaliation claims in your workplace? Consider the following …

Maria has been working for the I Love Food (ILF) company for over 3 years. Over the past month, Maria has noticed that Audrey, the hostess, tends to seat more Hispanics in her section than in those of her coworkers. When Maria questions Audrey about this, Audrey responds, “It has just worked out that way.”

Maria does not believe Audrey and calmly mentions her observation to her manager, Steven. The next day, Steven calls Maria into his office and issues a written warning for “not getting along” with her coworkers.

Is this retaliation? Read More.

This information is provided by ePlace Solutions, Inc. which is solely responsible for its content. ePlace Solutions, Inc. is not engaged in rendering legal or other professional services. Federal and state laws are more complex than presented here. This information is simplified for the sake of brevity and is not a substitute for legal advice. ePlace Solutions, Inc. disclaims any liability, loss or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this information.

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