Although there are no laws, state or federal, which require companies to have an employee handbook, there are state and federal laws requiring the presence of written employment policies. And if legal compliance isn’t incentive enough for having an employee handbook, there are other benefits as well. An employee handbook helps to explain the advantages and benefits of working for your company, as well as clarifies important company policies and problem-solving procedures. Not having this type of communication source available to your workforce can taint employee impressions of your company and may contribute to legal liability. Pretty effective for a 50 or so page document, huh?

After spending the time creating an employee handbook, it would be a waste to just let it sit on the shelf. Employers risk liability if they do not periodically review and revise their handbook. Regularly updating your handbook will help to ensure that it remains compliant with applicable laws and that it is still meeting your needs.

Below are come guidelines for effectively revising and maintaining your employee handbook:

1. Gauge employee reactions. After introducing a handbook to your employees, you should pay attention to how employees react to specific policies, whether the procedures within the handbook are effective in resolving employee concerns and whether there are issues that have arisen not covered by the handbook. This will be powerful for determining your revision needs.
2. Establish an approval process for revisions. Determine who is authorized to make changes to the employee handbook and who must approve such changes. You will also need to think about how you will communicate any handbook revisions to your employees.
3. Consider changes within your company. Consider recent changes that have taken place within your organization. For instance, have performance review procedures changed, have you recently started using direct deposit for employee paychecks, or have you recently introduced certain employee benefits? Changes such as these affect policy language. If company procedures have changed, make sure you alter related policies.
4. Monitor changes in labor laws. Not only is it necessary to review your handbook periodically to ensure company practices are aligned with company policy, but also to guarantee that policies are consistent with applicable laws. We all know that laws change regularly, and although these changes are difficult to predict, businesses need to stay acutely aware of what is going on around them and how regulations affect their business practices and company policies. Keep abreast of changes by letting HR411â support you. Federal and state-specific legal updates will let you know what changes in labor laws have occurred and how they affect your business operationally. Also, with our State & Federal Labor Laws database, you can research hundreds of employment laws applicable to your state.
5. Use your words carefully. Make sure that any revisions to your handbook do not use contractual or promissory language. Words such as “will” or “always” should be avoided as much as possible. In addition, when making any adjustments to your handbook, do not simplify its contents too much. By doing so, you may be eliminating important language intended to demonstrate your company’s compliance with certain laws.
6. Appropriately inform employees of changes. Try to give employees as much notice as possible before a policy change goes into affect, allowing them time to adjust to any major changes. When a change does occur, you should take all necessary steps in communicating those changes to your workforce: send memos, post notices in common areas, and discuss the changes at staff meetings.
7. Request additional acknowledgments. After any changes have been introduced to the employee handbook it is necessary to again require employees to sign an acknowledgment form verifying they have read and understand the policy change. Remember to keep the signed document in their personnel file.

Creating an employee handbook is only the first step toward a more efficient workplace. The employee handbook won’t do much good if it’s not maintained. In fact, an outdated handbook can actually be more detrimental than no handbook at all. Use the tips found above to periodically review your handbook, ensure compliance with current labor laws, and secure efficiency within your workplace.

For handbook maintenance assistance, check out the HR411 Employee Handbook Wizard.

With the warmer months approaching, you may find that more employees are requesting time off. Whether it’s to take a family vacation, to attend their children’s sporting events, or just to get some much needed R&R, employees find the warm months most desirable for taking days off.

Paid time off is certainly a valuable benefit employees consider when working for a company. We all need time here and there to clear our heads, relieve built up stress, and enjoy ourselves. But, some employees may feel as though they are entitled to time off during the spring and summer months. Although there’s no federal law requiring employers to grant their employees time off, refusing to may seriously affect morale. Besides, a few days off can actually help employees come back to work recharged and energized. But, for employers in the retail business and those operating 24/7 establishments, scheduling time off can be a challenge.

To make your scheduling practices more effective and ensure business productivity doesn’t suffer this summer season, consider using the guidelines found below:

1. Develop a time off policy. Your time off policy should specify who is eligible for time off benefits, how many days employees can take off each year, what happens to unused time (i.e., is it forfeited or does it carry over to the next year?), the proper procedures for requesting time off, and how time off determinations will be made. The best way to determine who works and who doesn’t is to follow some agreed upon ground rules, which should cover: how far in advance time-off requests must be submitted; on what basis requests are considered (i.e., seniority, first-come-first-served, etc.); and any restrictions on how many people can be off at one time.

2. Require notice. Inform employees that for one day off (when it’s planned) they need to provide at least “X” number of days notice. Typically, this requirement is two weeks. And for additional days off, employees should be providing more notice, typically one month. This will allow you to plan accordingly by bringing in additional workers, requesting co-workers to work overtime, and planning major projects to be completed prior to the employee’s absence.

3. Require the completion of a time off request form. Employees requesting time off should complete a leave request form indicating the type of time off they will be using, the number of days they will be absent, and the reason for their absence. An approval signature should be required in order for the employee to take time off. Store this form in the employee’s personnel file.

4. Maintain records of time off. Maintain an absence tracking log on all employees, which indicates the number of days the employee has taken off, for what reasons, and the number of days the employee has remaining. This document, like the time off request, should be stored in employee personnel files.

5. Simplify the administration of the program. Tracking employee time off can be time-consuming especially if you have to determine how many sick days have been taken versus personal or vacation days. It’s best to use a comprehensive Paid Time Off (PTO) plan which lumps vacation, sick and personal days into one inclusive time off program. This makes tracking time off much more manageable and typically results in employees taking fewer days off than if the time was categorized as a personal, sick, or vacation day.

6. Provide incentives. To better distribute time off, give employees incentives to take vacations during less desirable times. For instance, if most of your workforce plans a vacation during the summer months, consider allowing employees to take an extra day or two when they wait until the fall or winter months to take time off, once the vacation rush has subsided. Just be sure you offer this incentive consistently and that all employees are aware of it.

7. Have a back up plan. During seasons in which more employees request time off, you might want to consider hiring temporary or part-time employees to ensure you are still able to effectively meet productivity and customer demands. Assigning overtime may also be a viable solution to make up for an employee’s absence.

8. Be flexible. Consider alternative work schedules for the summer months, such as a compressed workweek, flex-time, or telecommuting. Compressed workweeks allow employees to put in their normal hours for the week in a shorter period of time. For instance, if an employee typically works 40 hours in a five day workweek, through a compressed schedule he or she may work 40 hours in a 4-day period. Flex-time is another option, which enables employees to report to work early and leave early, or report to work late and leave late. Flex-time and compressed schedules are good because employees are still working the same number of hours, but they are able to do so on their terms allowing them to better meet the demands of their personal lives.

Paid time off is a valuable benefit you should be offering your workers; it allows employees to fulfill personal obligations and enjoy a little leisure time. But sometimes administering a time off program can be more of a headache than it’s worth. That’s why it’s important to have established procedures for requesting, granting, and recording time off. Following the tips found above will help to ensure that employee’s time off doesn’t get in the way of meeting your business demands.

With the abundance of anti-discrimination laws and the growing number of disgruntled employees flooding the courts with EEOC charges, employers need to be extra cautious when making employment decisions. Even seemingly harmless employment actions may be construed as discriminatory if such decisions negatively affect a certain group of people. Intentions aside, in order to combat discrimination claims and ensure fair and equitable employment practices, employers need to elicit measures for preventing discrimination.

But how can you prevent discrimination when you don’t even know you’re doing it? Unconscious or “implicit” discrimination occurs when employment decisions such as, hiring, firing, or promoting are based on subtle, ingrained biases against certain groups. This typically results in a disproportionate number of members of a protected class receiving opportunities. The best way to combat against discriminatory practices is through awareness, accountability, and through the development of systems that ensure all decisions are based on merit and ability rather than any other preconceived notion or engrained bias.

Below are some guidelines for preventing discriminatory behaviors in your workplace:

1. Treat all employees the same. With regards to preventing discrimination claims, one of the most basic ways to avoid problems is by treating all employees (and applicants) alike. Discrimination laws aside, in order to ensure good employee relations and satisfied workers, equality is essential. All employees with similar backgrounds and experiences should be given equal opportunities. A rule of thumb: when making employment decisions make sure you are relying on sound business reasons not personal beliefs or preconceived notions.

2. Only ask job-related questions. When interviewing candidates, only ask job-related questions. Don’t ask applicants if they have children, where their ancestors are from, or what religion they are. If this information is revealed, it can later be held against the employer as a reason for not hiring the individual. And for that matter, don’t ask your employees personal questions that can later come back to haunt you. To err on the side of caution, only ask questions that pertain to one’s ability to perform the essential functions of the job.

3. Broadcast your anti-discrimination policies. All employees should be aware of your company’s policy on discrimination, harassment, and retaliation. Hold staff meetings distribute memos, and post the policies in breakrooms so that the severity of the issue will really hit home. It’s important to not only communicate these policies to your staff, but to stand by them as well. Doing so will demonstrate that you value, and strive for, a discrimination-free workplace.

4. Establish a grievance process. Develop a system for employees to raise concerns if they feel as though they have been discriminated against. A typical grievance process starts at the lower-level and if not resolved, works its way up the totem pole. Employees are encouraged to first raise concerns with their supervisors and if they still aren’t satisfied they should then be encouraged to submit a formal written grievance to management. Management is then responsible for reviewing and investigating the facts at hand as well as reaching an appropriate resolution. If an employee brings to your attention that he or she feels as though they are being discriminated against, you need to take action immediately. Ignoring employee concerns will only serve to support his or her discrimination claim.
5. Train employees. In order to promote awareness, establish a diversity training program. In the event of a discrimination lawsuit, evidence of a mandatory diversity training program is an excellent means of establishing an employer’s good-faith efforts to prevent discrimination.

6. Train managers and supervisors. Hold separate training sessions with your managers and supervisors in order to ensure they are familiar with company procedures for handling discrimination complaints, making employment decisions, and ensuring against retaliation. And with a variety of low cost do-it yourself solutions, diversity training doesn’t need to burn a hole in your pockets.

7. Hold employees accountable. Make it known that employees who do engage in discriminatory behavior will be help accountable. Managers especially, need to be aware of the repercussions that come from discrimination, including suspension and termination.

8. Develop an affirmative action plan. Even if you are not required to comply with federal Affirmative Action requirements, it may be in your best interest to develop an affirmative action plan in order to be sure that when hiring, promoting, and providing access to training opportunities that you are reaching out to all groups.

The Equal Employment Opportunity Commission (EEOC) oversees a variety of anti-discrimination laws, which in aggregate make it illegal for employers to discriminate on the basis of: race, color, religion, gender, age, disability and national origin. Employers need to be sure that when making employment decisions, these protected characteristics do not come into play. By following the guidelines outlined above, you will communicate to your employees that discrimination is unacceptable and that you are committed to providing equal opportunities to all your employees.

These days employers need to be extra careful when making employment decisions. In today’s litigious society more and more disgruntled employees are claiming discrimination in situations where they may have been passed up for another candidate, they were fired for poor performance, or they weren’t promoted as quickly as they thought they should be. It’s difficult for employees to face the reality that perhaps they just aren’t good enough; it’s easier to place blame on the employer and claim discrimination.

The Equal Employment Opportunity Commission (EEOC) oversees a variety of anti-discrimination laws, which in aggregate make it illegal for employers to discriminate on the basis of: race, color, religion, gender, age, disability and national origin.

Certain employment practices make employers more susceptible to discrimination claims; particularly that of hiring and firing. When making these sensitive decisions and ensuring a discrimination-free workplace, there are some guidelines employers should follow to protect themselves against litigation and hefty fines:

1. Develop and communicate an anti-discrimination policy. A policy on anti-discrimination is essential. Your policy should address protected characteristics and how questions or concerns regarding discrimination should be handled. It should be clear that employees are free to raise complaints without fear of reprisal. It’s one thing to have a policy on the issue, but it’s another to follow it; be sure managers are trained on anti-discrimination laws and consistently comply with them in all employment practices.

2. Always document. No matter how stellar the employee’s past performance or conduct has been, if there is ever a problem, document it! Terminating an employee without a paper trail indicating they have not been performing up to par, will only help an employee’s case that you fired them because of their gender, race, age, disability, etc…

3. Discipline consistently. Discipline employees consistently, regardless of race, sex, religion, or other protected classification, and maintain thorough documentation of any disciplinary measures taken. Ensure that all staff and supervisors comply with and consistently apply established company policies and procedures regarding discipline; failure to do so can be used as evidence of discrimination.

4. Establish consequences. Take immediate and reasonable steps to stop any discriminatory conduct by supervisors or other employees. Accountability is important in demonstrating the severity of the issue. Speak directly with the individuals who are engaging in discriminatory conduct, warn them that such conduct is unacceptable and, if the discriminatory conduct is severe, consider taking formal disciplinary action.

5. Consider diversity training. In order to promote awareness, establish a diversity training program. In the event of a discrimination lawsuit, evidence of a mandatory diversity training program is an excellent means of establishing an employer’s good-faith efforts to prevent discrimination in the workplace. And with a variety of low cost do-it yourself solutions, diversity training doesn’t need to burn a hole in your pockets.

6. Know your state laws. Your state-specific laws may allow for greater employee protections. For instance, a handful of state laws protect against gender identity and sexual orientation discrimination, which currently, are not covered under Federal law. In situations in which state and federal laws differ, the regulation that provides for greater protection for the employee must be followed. To find out your state-specific discrimination laws, go to our State & Federal Laws and view the Civil Rights topic.

7. Ensure consistent hiring practices. When hiring, be sure to follow the same procedures for all candidates. For instance, conducting a background check on one candidate, but not requiring it of another will be viewed as discriminatory. All similarly situated applicants should be treated the same, so it’s important to ensure all candidates for a given positions are put through the same rigors.

8. Don’t ask illegal questions. When interviewing an employee, or on an application form, employers are not permitted to inquire about: age, race, national origin, disability, martial/family status, religion, arrest record, or organizational memberships that are not work-related. If this information is revealed, it can later be held against the employer as a reason for not hiring the candidate. To err on the side of caution, only ask questions that pertain to one’s ability to perform the essential functions of the job. Focusing on an applicant’s past work experience, relevant education, and ability to perform the duties of a given position will help to prevent discrimination claims.

9. Develop a compensation plan. It’s important for employers to spend some time developing an equitable and competitive salary structure. In order to do so, it’s necessary to analyze each position within the company to determine the level of experience that is necessary as well as the qualifications needed and overall value of the position to the company. These factors will play into determining the salary of a position. If all positions are looked at in an objective fashion, claims of inequitable pay practices aren’t likely to surface.

10. If concerns do arise, take action! If an employee brings to your attention that he or she feels as though they are being discriminated against, you must take action immediately. Ignoring employee concerns will only serve to support an employee’s claim of discrimination. Your first course of action should be to investigate the claim. Interview the parties involved, and if the claim is serious enough, suspend the suspect pending the results of your investigation.

By following the above-mentioned guidelines, which focus on consistency, documentation, and awareness, employers will mitigate their risk of discriminatory claims. And should a claim still arise, employers that follow these tips are demonstrating their due diligence in protecting against discriminatory practices.

Unfortunately, in today’s society incidents of work-related violence are a stark reality. As the economy fluctuates, many companies are faced with the seemingly contradictory need to downsize while trying to meet productivity demands with fewer workers. With overworked employees, stress levels rise - and stress has been cited as one of the major contributors to workplace violence.

Not only do acts of workplace violence have a profound affect on the lives of the victim as well as the perpetrator, but employers and co-workers are also significantly affected. Following workplace violence, employers face increased liability in the form of negligent hiring lawsuits as well as the unavoidable consequences of reduced employee productivity and morale. Co-workers are also likely to become increasingly fearful and potentially distrusting of their employer. With the serious implications associated with workplace violence, all employers should be implementing preventative measures to thwart violent acts.

Below are some tips for preventing violence in your workplace:

1. Develop a policy. All employers should have a well-communicated zero-tolerance policy with regards to violent acts and intimidation. Your policy should prohibit violent behavior, including threats, intimidation, bullying, verbal and physical abuse, and harassment. In addition, in order to express the gravity of workplace violence, it is important that your policy calls for immediate discipline, including termination, should an employee engage in violent behavior. Specific procedures for reporting and investigating violent acts should as be included. When employees are aware of what to do when faced with violence and also of the consequences for engaging in violence, a potentially serious situation can be moderated.

2. Conduct background checks. Perhaps one of the best prevention techniques is that of background screening. Employers should be conducting background checks on all new hires in order to ensure there isn’t a history of violence or criminal behavior that may suggest a predisposition to violence. Employers who fail to do their due diligence in checking employee backgrounds may be subject to negligent hiring lawsuits, should an act of workplace violence occur that has serious implications, such as injury or death.

3. Develop an action plan. Develop procedures for handling workplace violence: inform employees what they should do when it is believed that violence has occurred, develop investigation procedures for looking into the problem, and determine what consequences will be enforced on the victim. Certainly if warning signs can be identified early enough, counseling through an employee assistance program (EAP) or related means is recommended so that at-risk employees can address problems that might contribute to violent or threatening behavior.

4. Look for warning signs. Supervisors and employees should be educated with regards to indicators that may suggest a potentially violent individual. Research has shown that some of the following symptoms are the most common signs of a propensity toward violence: increased use of alcohol and/or drugs; increased absenteeism; depression and withdrawal; explosive outbursts of anger or rage; threats and verbal abuse directed toward co-workers; repeated violation of company policy; and an escalation of domestic problems. When employees are aware of the warning signs, preventative measures can be taken before the situation gets out of hand.

5. Security measures. Acts of violence in the workplace do not necessarily have to committed by an employee of the company. Typically, in convenience stores, banks, and retail establishments, violence occurs from an unknown perpetrator attempting to rob or steal from the company. To prevent these types of violent situations and appropriately protect their workers, employers should be sure to install proper security measures, including alarms, video cameras, and even glass protecting cashiers from customers. Employee safety should always be your utmost concern.

6. Careful termination procedures. When disciplining or terminating an employee, employers must be careful not to trigger angry outbursts or overly emotional reactions. Although the subject tends to be a sensitive one, and certainly some employees may take it as a personal attack, there are some things employers can do to mitigate the tension. For one, it’s recommended that the termination meeting occur either at the beginning or end of the day and not to allow the employee to return to his or her work area. Preserve the terminated employee’s dignity, and mention their positive contributions, but be sure to state the termination decision as a matter of fact, not something that is up for discussion or debate. If a violent reaction can be reasonably anticipated, call upon security and/or safety personnel to stand by in order to respond if necessary.

All employers, whether they have five employees or 500 employees, should have a workplace violence prevention program in place. It will serve to protect employees, avoid costly lawsuits, preserve the company’s reputation, and maintain employee productivity and morale. Taking a preventative stance demonstrates that the employer is being proactive in ensuring violence doesn’t occur, rather than reacting after the fact…when it may be too late.

Although today’s employees seek challenge, growth and recognition, competitive compensation packages are still a high priority to many. And when used to reward exceptional performance, employee pay practices can be that much more effective. When employees are compensated based upon the efforts they put forth and the contributions they make to the company, they are more likely to continue to work hard and demonstrate their commitment. But when employees come to expect pay increases “just because”, their performance is likely to remain marginal.Compensation plans are important for attracting and retaining talented employees. But, pay structures are only as effective as their designs. In order to reach its goal of motivating employees to consistently contribute to the company’s bottom-line, a compensation program must be fair, competitive, and have a performance-based focus.

Below are some guidelines employers should follow when creating and administering a compensation plan:

1. Job descriptions. First things first: you want to start with the fundamentals. The foundation of any compensation program is a job description. Writing job descriptions will help to determine the various qualifications needed for each job incumbent as well as the essential responsibilities that are required for each position. Job descriptions make it possible to classify and evaluate jobs in terms that make comparisons possible, which is especially useful when determining pay grades and salary structures. Need help creating job descriptions? Check out our Job Description Wizard; it will walk you through the process of creating professional ADA compliant job descriptions in no time!

2. Do your research. Check industry and regional salary surveys and compare your pay practices to competitors in the same geographic area. This will allow you to evaluate your pay practices and determine how you pay your employees compared to how your competitors pay their employees. Based on this analysis, you can determine if adjustments to your pay practices are needed.

3. Distribution. Determine how you will pay your employees. Focusing merely on base pay isn’t recommended and certainly isn’t motivating to your employees. It’s best to distribute employee compensation between hourly pay, benefit plans, merit increases, and bonuses. Base pay should be the same for all employees holding comparable positions; same with benefit plans. However, when distributing merit increases and bonuses the most important variable should be performance ratings.

4. Regular performance reviews. Performance must be measured regularly and reliably in order to reward employees accordingly. A clear system for performance ratings, with defined criteria that is understood by all employees is essential. If employees are unclear on what’s expected of them it doesn’t give them a fair opportunity to perform in accordance with company standards. Objective performance data should then be used in order to determine pay increases and other rewards.

5. Be objective. Make sure your compensation planis fair and free of bias. When compensating employees, employers should use the came standards for all employees with similar performance levels, years of service, and job responsibilities. This can eliminate any possible negative feelings over an inconsistent or ambiguous compensation program.

6. No guarantees. Incentive programs and bonus plans need to have well communicated guidelines and should never be conveyed as an automatic guarantee or an implied promise. Employees expecting to receive a bonus are not likely to be motivated to work very hard. Communicate to your employees (and better yet, demonstrate to your employees) that only those that go above and beyond will receive bonus and incentive-based pay.

7. Don’t under-estimate other forms of recognition. While bonuses and pay for performance isa welcome benefit for many employees, a simple “thank you” or other small forms of recognition can also go a long way in motivating your workforce.

8. Promote “total compensation”. While performance-based pay is certainly important for promoting employee efficiency and commitment, so is your company’s emphasis on a “total compensation” program.By stressing benefits such as health insurance, day-care assistance, tuition reimbursement, paid time off, flexible work schedules and similar company perks, your employees will see the total value in working for you.

To be effective in motivating your employees, a compensation program should focus on performance. Rewarding hard work and dedication serves to reinforce that behavior throughout your workforce. Be sure to consistently recognize your top performers, and not just monetarily, in order to ensure your employees continually contribute to the company’s success.

In addition to having a performance-based focus, in order to motivate and retain talented employees, your compensation plan must also be fair, equitable, and competitive.

In today’s digital world, the use of technology has become immersed in everything that we do. In the business world, the electronic age has improved employee productivity and has allowed companies to better serve the needs of their clients and customers. By using technology to their advantage, employers can carry out a variety of business practices more efficiently than ever before.But along with greater efficiency, comes some challenges. Below are some things to be weary of as your company uses technology to carry out its business practices:

1. Viruses and spyware. With more employees working remotely than ever before, the security of information comes into question. When working from home or other remote locations, most telecommuters use web-based e-mail accounts to correspond with clients, customers, and co-workers. The use of these types of e-mail systems is typically not as secure as the use of company networks with more robust anti-virus protection. Employees sending correspondence through web-based mail systems may inadvertently infect company systems with viruses. Employers should take the appropriate measures to safeguard their network from these types of threats.
2. Confidentiality issues. Since messages sent and received by web-based email accounts are typically stored on the mail provider’s server, the messages may be accessed by a third-party and may in some cases be considered the property of the provider. Typically, mail providers monitor messages in order to ensure that the system isn’t being used for improper purposes. Consequently, the use of a web-based e-mail account to send or receive confidential information may weaken a company’s argument that it took appropriate measures to ensure the privacy of its information.
3. Spam-blockers. Spam-blockers and other similar tools designed to protect e-mail account holders may, in fact, prevent the retrieval of important information. Spam filters and other privacy protections cans sometimes prevent clients and customers from receiving critical information. After e-mailing important correspondence always follow-up with a phone call to ensure the recipient has received the message; or request a read-receipt on your e-mail message.
4. Employees’ personal use. The internet can be one of the most enticing features that computers have to offer; luring employees into emailing family and friends, engaging in some online shopping, or reading their favorite blogs. Unfortunately, the time your employees spend “surfing the net” can add up fast, costing your company big bucks in lost productivity. One way to discourage employees’ personal use of the internet and e-mail is by drafting a well thought out and well communicated electronic monitoring policy. Employees will be less likely to use technology for personal reasons if they are aware of the consequences of doing so.
5. Employee privacy. An increasingly litigated question created by the growth of workplace technology is how to balance the employer’s right to control their workplace with the employee’s right to privacy. In achieving this goal, employers that choose to monitor employee’s online activity, must communicate and distribute workplace monitoring policies so that employees understand what is expected of them. Do whatever you can to get the word out - hold meetings, answer employee questions, and distribute memos. Generally speaking, courts will find that an invasion of privacy occurred in situations in which employees had a “reasonable” expectation of privacy. Presenting employees with a straightforward policy on employee monitoring as well as rules on e-mail and telephone use, will help to diminish expectations of electronic secrecy.
6. Customer isolation. Over-reliance on e-mail marketing campaigns and other technologically-driven avenues for communicating with your clients may come off as cold and impersonal. What happened to the good old days of personal phone calls, face-to-face meetings, and personalized correspondence? To combat customer feelings of isolation, include something unique in each and every letter you send out; or instead of sending out letters or emails, why not pick up the phone and give them a call? That personal touch can go a long way in enhancing customer satisfaction.

While technology has enhanced employee productivity and streamlined business operations, it can be a double-edged sword if not controlled. First and foremost, employers should take proper measures to ensure the security and confidentiality of business information. Appropriate safeguards may include using firewalls, installing anti-virus software, and only accepting communication from secure networks.

Another important step for using technology to your advantage requires the development of an electronic monitoring policy that protects the privacy rights of your employees while safeguarding your business interests. The policy should be straight-forward and well communicated so employees know exactly the types of activities that may be monitored.

Taking the necessary precautions can make technology one of your biggest assets. But if not properly managed, the use of technology can hurt business relationships, leak confidential information, and detract from employees’ work time.

With the use of the Internet and other technology making remote communication effortless, more and more employers are utilizing telecommuting options as a way to appeal to their workers while meeting the demands of employees’ work and family lives. Telecommuting entails working apart from an employee’s traditional reporting location and “commuting” responsibilities from the office by e-mail, phone, internet, and fax.

But, before you decide to offer telecommuting options for your employees, you will want to consider the pros and the cons. The proven advantages of telecommuting include lower absenteeism; increased productivity, morale, and retention; and reduced costs for work space, utilities, and other overhead. Some possible drawbacks to a telecommuting arrangement may include the inability to provide the proper tools, training or support to telecommuters and the potential difficulty in assigning clearly defined tasks with specific deadlines and measurable work results.

They key to a successful telecommuting program is a well-drafted policy and written agreement that clearly defines the expectations, requirements, and goals of the relationship. Written telecommuting guidelines should include the following points:

1. A reaffirmation of the at-will relationship. Employers entering into a telecommuting agreement must reiterate that such an arrangement does not alter the nature of the employer/employee at-will relationship, meaning both the employee and the employer may terminate the employment relationship at any time and for any reason (as long as that reason isn’t discriminatory, retaliatory, or otherwise unlawful).
   
2. Clearly define job duties and expectations. Telecommuters can be extremely productive if job duties, expectations, and measurable performance goals are clearly defined. However, deficiency in direction will only lead to a lack of motivation and decreased work productivity. The agreement should list specific objectives and performance goals as well as an established performance evaluation date in order to determine whether goals are being achieved. Be sure to state that the agreement will be discontinued if the arrangement no longer serves the best interests of the company.
3. Establish a schedule and location. List specific days and hours employees are required to be available. Also, determine whether or not telecommuters are permitted to work from different remote locations or from only one authorized locale.
4. Duration. When a telecommuting arrangement is only meant to be temporary, the agreement should clearly specify its term by indicating a start and end date. At the end of that time, both parties can then participate in a review of the program and its goals, which may or may not result in reactivation of the agreement.
5. Enforce company policy. Reiterate that the worker is expected to comply with all company policies, including those that define performance expectations, standards of conduct, conflicts of interest, and moonlighting.
6. Establish communication procedures. Determine a minimum response time for answering voice or electronic mail from other employees, customers, clients, and suppliers. Be sure to also define necessary steps for keeping in touch with the office; this may require telecommuters to attend regular staff or teambuilding meetings.
7. Expense reimbursement. State whether the company will or will not be responsible for operating costs, home maintenance, or other incidental expenses, such as utilities and supplies. If you, as the employer, will take responsibility for such expenses, define the terms of use regarding office equipment and related supplies. If operating and equipment expenses will not be reimbursed, employers should indicate whether employees may use company equipment. Telecommuters should only use such equipment if its use is authorized and they take necessary measures to protect company property against damage. Be sure to also state that you are not liable for damages to employee property that results from the employee’s participation in the telecommuting program.
8. Security issues. The agreement should address the safeguarding of company data files, trade secrets, and other proprietary information stored within computers and on hard copies. Employers should also retain the right to monitor e-mail, Internet use, and other communication by teleworkers during business hours. Other important security provisions: a secure lock for the worker’s home office as well as a paper shredder and lockable file cabinet in order to ensure the integrity of confidential information.

If both you and your telecommuters are in agreement regarding the above-referenced issues, the arrangement is likely to be a successful one. It’s important to realize, however, that not all jobs are created equal when it comes to working remotely; some positions simply are not suited for such an arrangement. The jobs most appropriate for telecommuting are those in which employees work independently (e.g.: writing, editing, and graphic design) or where most contact with customers or suppliers is via telephone (e.g.: customer service or telemarketing).

Employers should asses their ability to hire employees on a telecommuting basis and pay particular attention when determining which jobs can and should be telecommuted. Such a decision should be determined, and agreed upon, on a case-by-case basis.

Just last week President Bush signed into law the National Defense Authorization Act which added provisions to the Family Medical Leave Act (FMLA) allowing for two new circumstances in which employees may take leave. Prior to the recent amendment, FMLA granted employees temporary (up to 12 weeks in a one year period) unpaid leave for the following qualifying events: the birth of a child; the placement of a child with the employee for adoption or foster care; the serious health condition of a spouse, daughter, son or parent; or the employee’s own serious health condition that renders the employee unable to work.

The new FMLA amendments as prescribed by the National Defense Authorization Act add the following leave entitlements for eligible employees: (1) up to 12 weeks of unpaid leave in a one year period for an “exigency” related to activity duty service by the employee’s immediate family member; and (2) up to 26 weeks during the employee’s employment for the care of a spouse, son, daughter, parent or next of kin who is a member of the armed forces and is undergoing medical treatment or is medically unfit to perform military duties due to an injury or illness incurred while on active duty.

With this amendment now in effect, are your current policies and practices in compliance?  Below are employer requirements, and rights, as they relate to current FMLA regulations:

1. Grant leave when required. Employers operating with 50 or more employees within a 75 mile radius must grant an employee FMLA leave if the employee has worked for the employer for at least 12 months (which need not be continuous) and 1,250 hours within the past year. And of course, the employee may only be granted FMLA leave under certain prescribed circumstances, which are listed above.
2. Require notice. When possible, employees requesting leave must provide 30 days notice of their need for FMLA leave. When leave is not foreseeable, employees are to provide as much notice as is practical. If an employee fails to provide the required 30-days’ notice to the employer of intent to take leave when there is no reasonable excuse for the delay, the employer is allowed to postpone the start of leave for at least 30 days from the date the employee provides notice. An employee’s absence during this 30-day waiting period may be deemed as unexcused and the employer may take action against the employee for such absences consistent with the employer’s established policies on attendance.
3. Request medical certification. FMLA does not require that employers demand medical certification from employees. However, if you do request medical certification, you must provide the employee with written notice of the requirement. Just remember, if you request medical certification, you must do so consistently, not on a case-by-case basis. Additionally, the employer must allow the employee at least 15 calendar days to submit the medical certification following request. An employee’s failure or refusal to provide the certification if it is requested is a valid reason to deny leave.
4. Reasonably interpret the law. Especially with recent changes to the Act, employers must do their best to reasonably interpret the law. For example, employees are now entitled to take leave for the “exigency” related to activity duty service by the employee’s immediate family member; however, a “qualifying exigency” has not yet been defined. Employers should do their best to reasonably interpret the term.
5. Offer intermittent or reduced leave. Intermittent leave allows employees to take a day off of work here and there while returning to work in between. For example, an employee who needs to take his mother for radiation treatment every Friday for 10 weeks would require intermittent leave of 10 days across a 10 week period. Reduced leave allows an employee to take a part of a day off; the smallest interval of time allowed for reduced leave is the smallest interval of time the employer uses in its payroll system to account for absences or leave. Intermittent or reduced leave is not permitted for the adoption, foster care, or birth of a child, unless the employer and the employee agree to such an arrangement. 
6. Request a return to work authorization. Employers may require that employees who take regular leave (but not intermittent leave) due to their own serious health condition not return to work until they provide medical certification that they can resume their essential job functions with or without reasonable accommodation. If accommodation is necessary, the fitness-for-duty request should ask the healthcare provider to specify the needed accommodation. If you do require this certification, it must be applied uniformly to all employees returning to work from a leave due to their own serious health condition.
7. Restore the employee to the same job upon return. Employees are entitled to be restored to the same (or similar) position held prior to taking leave. Similar positions must allow for the same pay, status and benefits awarded to the employee in their previous position. In addition, while on leave, employers must maintain the employee’s group health insurance coverage.
8. Create or update an FMLA policy. Employers subject to the FMLA requirements should have a written policy regarding their compliance with the Act. The policy should address qualifying circumstances in which leave will be granted, the requirements for medical certification, and other factors the employer would like to include, such as the use of paid time off (PTO) as part of FMLA leave. Best practice recommends employers require the use of PTO as part of FMLA leave in order to ensure employees returning from extended leave won’t come back for a short period of time just to use their accrued PTO. Consistent with the recent amendments to the Act, you will want to ensure that if you have a written FMLA policy that you update it to reflect the change in law. The two new leave circumstances must be addressed within your revised FMLA policy. To download a sample up-to-date policy on FMLA, click here.
9. Retain FMLA records. The FMLA requires employers to retain the following records for a 3 year period: a record of dates FMLA leave is taken; the hours of FMLA leave taken if in increments of less than one full day; copies of all FMLA notices; records of any dispute between the employer and an employee regarding the designation of leave as FMLA leave; and FMLA-related medical records and documents pertaining to medical certifications, re-certifications, or medical histories of employees or employees’ family members, created for the purposes of FMLA.
10. Comply with state and federal provisions. Many states have their own version of family and medical leave (FML) laws. Although some state FML laws mirror the federal requirements, others provide for different provisions and/or cover employers who may not be subject to the federal Family and Medical Leave Act. Employers must comply with their state-specific provisions when state law provides for greater employee leave rights. For your specific state requirements, visit the Leave of Absence section of HR411’s State & Federal Laws.

Understanding your requirements as they pertain to the FMLA or your state-specific family and medical leave laws is essential for ensuring legal compliance. In addition to the basic provisions of the Act, employers are now required to offer leave, under certain circumstances, for families of military personnel. The amendments to the Act take effect immediately and employers must be sure their policies and practices appropriately reflect the new provisions.

Have you thought about how you will be handling your business demands this year? With the New Year underway, you have undoubtedly developed a plan for business growth and increased sales. But, are you appropriately prepared to meet those demands? Developing a hiring strategy for 2008 is the best way to ensure that you meet your goals, while not unloading too much of your profits into unnecessary hiring costs.

In order to reach maximum productivity, employers need to be sure they are hiring the right types of employees for their business needs. In the past you may have thought bringing on a full-time employee was the way to go - but, this year, why not create a hiring strategy that meets your specific business needs? Below are some guidelines that will help you do just that:

1. Match your hiring strategy to your business strategy. A company’s hiring strategy must coincide with its business strategy. For instance, if your business is customer or market driven, you need to figure out how to hire talented marketing personnel in order to maximize market share. To be effective in meeting company objectives, your hiring plan must mirror your future goals.
2. To hire or not to hire? One of the first steps when drafting a hiring plan is determining why you’re looking to hire. It may be because there is a temporary spike in business or because a valued employee is out on leave. But before placing job ads and spending countless hours recruiting and interviewing candidates, you will want to determine if there are other ways to meet business demands. Perhaps rearranging work schedules so that more staff is on during peak hours, assigning overtime hours, or reorganizing employee tasks to allow for more time spent on critical projects may help to minimize the need to bring on new personnel. Bottom line: weigh your options and make sure you are maximizing the use of your available resources.
3. Identify spikes in business. Identify patterns of increased demand, either certain times of the day or certain months of the year, that are particularly busy. For instance, sales in the retail industry spike drastically during the months of November and December. Employers are going to want to make sure they have enough staff on hand during these critical times. A good solution for busy times may be to hire temporary, part-time, or seasonal workers who can help out during the rush.
4. Evaluate your needs and available options. Once you are aware of exactly why you need to hire, look for the type of employee that best fits that need. If you need to bring on someone new to help fill a void left by someone out on leave, consider hiring a temporary worker. If you need to complete a specialized project, consider the expertise of an independent contractor. Just remember to always think about why you need the help and who can best fit your needs before jumping into the hiring process.
5. Identify critical positions. Identify the positions that need to be filled immediately. Target your recruiting efforts here before moving to the less critical positions. And to fill those less than critical positions, it may be more practical to use temporary or part-time workers, leaving the permanent full-time openings for the company’s core positions.
6. Determine the best method for recruiting. Another important consideration when hiring a new employee is the determination of who will be handling the recruiting. Typically, this decision is based on the type of employee you wish to bring on. Hiring temporary workers requires contracting with a contingency search firm and hiring for a very specialized type of position may require the expertise of a seasoned recruiting professional. But for lower-level positions, placing a job ad in the local newspaper or on an online job board may be all you need to find the right candidate.
7. Attract the right people. If you will be handling the recruiting internally, you will need to be sure to place job ads that will attract the types of employees you are looking for. For instance, if you’re looking to bring on a new IT person, the use of internet postings are going to be essential. You also want to be sure to clearly communicate job requirements, so that you don’t receive loads of inquiries from applicants that are under-qualified or those that are extremely over-qualified.
8. Identify critical competencies. When hiring for any position, it’s necessary to determine which competencies are needed for successful completion of one’s job duties. And sometimes these competencies aren’t position based, but company-specific values, such as customer service, teamwork, or innovation. Whatever knowledge, skills, and abilities are needed for the role, be sure to identify them prior to recruiting for the position so that you can find someone that will truly be able to meet your business goals.

By establishing a concrete hiring plan, you can be sure that your hiring efforts are appropriately directed toward meeting your business objectives. Poor planning when it comes to hiring can lead to an understaffed workforce; and sometimes even worse, an overstaffed one. By hiring smart for 2008 you’ll see a huge return on investment by maximizing your human capital.