{"id":7327,"date":"2013-12-16T11:26:45","date_gmt":"2013-12-16T11:26:45","guid":{"rendered":"https:\/\/affinityhrgroup.com\/2019\/05\/year-end-question-and-answers\/"},"modified":"2013-12-16T11:26:45","modified_gmt":"2013-12-16T11:26:45","slug":"year-end-question-and-answers","status":"publish","type":"post","link":"https:\/\/theworkplaceadvisors.com\/year-end-question-and-answers\/","title":{"rendered":"Year End Question and Answers"},"content":{"rendered":"<p>Every month, we prepare one or two topical questions and answers for our association clients. \u00a0Here are the 2013 Q&amp;As, all in one place. \u00a0Happy Holidays and we look forward to touching base in the new year!<span style=\"line-height: 20px;\">\u00a0<\/span><\/p>\n<p><span style=\"line-height: 20px;\">\u00a0<\/span><\/p>\n<p><strong>\u00a0<\/strong><\/p>\n<p><strong>Q:\u00a0 Every December my father delights in distributing bonuses to his employees.\u00a0 Unfortunately, the amount he distributes to each employee varies based on who he likes.\u00a0 Is preferential treatment in discretionary holiday bonuses okay?\u00a0 I\u2019m worried it\u2019s not.<\/strong><\/p>\n<p><span style=\"line-height: 20px;\"><strong>A:\u00a0<\/strong> You are right to be concerned.\u00a0 In the same way that regular pay is discretionary (managers can set pay according to their discretion), holiday bonuses are discretionary.\u00a0 That said, it is against the law to treat similar employees differently on the basis of age, sex, religion, color, ethnicity, veteran status, disability and, in many states, sexual orientation or identity.\u00a0 While he may not be intentionally discriminating against employees, if his decisions truly are arbitrary he will be unlikely to defend his practices if they result in a claim of discrimination.\u00a0 Instead, encourage your father to establish some non-discriminatory performance standards or goals upon which to base his holiday bonus gifts. \u00a0\u00a0<\/span><\/p>\n<p><strong>\u00a0<\/strong><\/p>\n<p><strong>\u00a0<\/strong><\/p>\n<p><strong>Q: We want to hire a new customer service representative and need to put together an offer letter.\u00a0 What should be in an offer letter and do I really need one?<\/strong><\/p>\n<p><span style=\"line-height: 20px;\"><strong>A:<\/strong>\u00a0 An offer letter is a good practice as it provides all of the critical information related to the employee\u2019s new job.\u00a0 You should be sure to include language that states that the offer is \u201cat will\u201d and that nothing in the offer letter should be construed as a contractual employment agreement.\u00a0 In addition to this language, your offer letter should include:<\/span><\/p>\n<ul>\n<li>Start Date<\/li>\n<li>Position title and description<\/li>\n<li>Wage\/Salary and pay cycle information<\/li>\n<li>General benefit and vacation information (specific information should be provided at a later date)<\/li>\n<li>Non-compete, non-solicitation and confidentiality language<\/li>\n<\/ul>\n<p><span style=\"line-height: 20px;\">Finally, you should recognize that this offer is a legal document and, as a best practice, have it reviewed by legal counsel. \u00a0\u00a0<\/span><\/p>\n<p><strong>\u00a0<\/strong><\/p>\n<p><strong>Q: My Account Executive feels that I am micromanaging her and that I don\u2019t trust that she\u2019s working while she\u2019s out of the office.\u00a0It\u2019s not that I don\u2019t trust her, I just want an accounting of what she\u2019s doing when she\u2019s away.\u00a0What should I do?<\/strong><\/p>\n<p><span style=\"line-height: 20px;\">A: The workplace is changing.\u00a0 Many sales people are rarely in the office.\u00a0 Many other types of employees are telecommuting and others are working \u201cflex\u201d hours.\u00a0 Instead of taking an accounting of where each employee is throughout the day, the modern-day manager must now gauge their employees\u2019 performance by their output.\u00a0 For many, this is a difficult transition but the harder you push against this new workplace, the more out-of-step you will appear to your employees.\u00a0 My advice is to decide what level of performance you want to see from your account executive:\u00a0 how many calls; how many visits; how many new orders; how many sales?\u00a0 If she satisfies your expectations, then how, where and when she does it should be of little concern.<\/span><\/p>\n<p>&nbsp;<\/p>\n<p><strong>Q: I read that effective October 1, 2013, employers will have to provide notifications to their employees about health insurance reform.\u00a0 Does this apply to everyone? What is required?<\/strong><\/p>\n<p><span style=\"line-height: 20px;\"><strong>A:<\/strong> Yes, effective October 1, 2013, you must provide a notice that explains how the new Health Insurance Markteplace works and how employees may access coverage.\u00a0 It applies to any company that is covered by the National Labor Relations Act (pretty much everyone with one or more employee) and with annual sales of $500,000 or more.\u00a0 The good news is that the US Department of Labor has created a notification that satisfies the requirement.\u00a0 You can find it at http:\/\/www.dol.gov\/ebsa\/pdf\/FLSAwithplans.pdf.\u00a0<\/span><\/p>\n<p>&nbsp;<\/p>\n<p><strong>Q:\u00a0 We are hiring a new salesperson and I would like her to take a behavioral test to make sure she\u2019s a hunter.\u00a0 Is that okay to do in the hiring process?<\/strong><\/p>\n<p>A:\u00a0<span style=\"line-height: 20px;\">\u00a0Absolutely and it is highly recommended but only under the following circumstances.\u00a0 First, you have to treat all of your candidates\/employees similarly.\u00a0 For example, if you are hiring five new salespeople and you only test one that can be problematic.\u00a0 Second, you should be sure to use a test that has construct and content validity \u2013 meaning they test what they say they are going to test and they don\u2019t adversely impact any minority population.\u00a0 You can ask about validity and adverse impact results of any reputable testing company.\u00a0 We highly recommend TTI\u2019s TriMetrix HD Assessment.<\/span><\/p>\n<p>&nbsp;<\/p>\n<p><strong>Q:\u00a0 We had a great summer intern and he is now going back to school.\u00a0 We\u2019d like to give him a bonus for his work \u2013 is there any problem with doing this?<\/strong><\/p>\n<p><strong>A:\u00a0<\/strong><span style=\"line-height: 20px;\">\u00a0There is nothing wrong with giving a bonus per-se, but realize that, as with all bonuses, it is considered compensation and should be treated as such with tax withholdings.\u00a0 Presumably, you have been paying your intern at least minimum wage for his work unless you offered him a bona-fide internship (most companies that I work with do not have bona fide internships). If you don\u2019t want to create a tax event for your intern, think about giving him a gift card as a thank-you. \u00a0 \u00a0<\/span><\/p>\n<p>&nbsp;<\/p>\n<p><strong>Q. Do I have to pay my employees time and a half for work performed on a holiday?<\/strong><\/p>\n<p><strong>A.\u00a0<\/strong><span style=\"line-height: 20px;\">It is best to check with your particular state law, but generally overtime is required to be paid only after an employee works more than 40 hours in one week, regardless of whether or not a holiday occurs in the workweek.\u00a0 Whether or not to require employees to work on a holiday is the employer\u2019s choice.<\/span><\/p>\n<p>&nbsp;<\/p>\n<p><strong>Q: We have 27 employees and currently provide health insurance.\u00a0 Will we be required to do so in the future?\u00a0 Are there minimum levels of coverage that we will have to provide?<\/strong><\/p>\n<p><strong>A:\u00a0<\/strong><span style=\"line-height: 20px;\">For small businesses (fewer than 50 full time equivalent employees) there is no requirement that you provide health insurance.\u00a0 There is, however, a tax incentive for those small businesses that do provide health insurance so you\u2019ll want to check with your tax consultant to make sure you\u2019re benefiting from that incentive.\u00a0 In 2014, the insurance marketplace for small businesses is likely going to change.\u00a0 You should talk with your insurance broker to figure out whether your current policy will still be offered and, if not, what plans will be available to you next year.<\/span><\/p>\n<p>&nbsp;<\/p>\n<p><strong>Q: \u00a0One of our employees posted something very disparaging about our company on his Facebook page.\u00a0 He did this on his personal time so I don\u2019t know if we can discipline him for this?\u00a0 Please help as his comments have gone viral and I\u2019m worried about the damage it will do to our reputation in the community.<\/strong><\/p>\n<p><strong>A:\u00a0<\/strong><span style=\"line-height: 20px;\">First, if you don\u2019t already have one, you need a social networking policy, which outlines what employees can and cannot do with the Internet and social networking sites in relation to their job.\u00a0 The courts have weighed in on this and decided that some speech on the internet is \u201cprotected speech\u201d under the National Labor Relations Act.\u00a0 Even if you are not happy about what the employee said, employer rights are not so clear.\u00a0 Before you take any action against the employee, you should seek help from an attorney or HR consultant to help you draft a policy or help you in interpreting your rights as an employer.\u00a0<\/span><\/p>\n<p><span style=\"line-height: 20px;\">\u00a0\u00a0<\/span><\/p>\n<p><strong>Q.\u00a0We recently hired a few people that have not worked out due to either personality fit or skill set.\u00a0 These candidates interviewed very well but when they got on the job they were less than stellar and frankly just not the right fit for our culture.\u00a0 In the future, how can we insure we are hiring the right person?\u00a0<\/strong><\/p>\n<p><strong>A.\u00a0<\/strong><span style=\"line-height: 20px;\">To garner more insurance over hiring the right candidate, I suggest you develop a hiring team who will review the candidates \u2013 a team approach is very effective.\u00a0 Make sure you have a good set of interview questions prepared that focus on the technical aspects of the job.\u00a0 Ask \u201cbehavioral interview\u201d questions by asking the candidate, \u201ctell me about a time\u2026\u201d\u00a0 Have them tell you about how they have acted, performed and dealt with situations in the past \u2013 it\u2019s the best indicator of how they will act in the future.<\/span><\/p>\n<p><span style=\"line-height: 20px;\">We also strongly recommend doing behavioral style assessments on candidates to see what their true behavioral style and motivators are.\u00a0\u00a0 We feel so strongly about this that we won\u2019t do a recruiting project without one.\u00a0 Without this data, you\u2019re really just assessing how well the candidate interviews which is not a determinant of future behavior.<\/span><\/p>\n<p><strong>\u00a0<\/strong><\/p>\n<p><strong>Q.\u00a0 What are the most important qualities to look for in a potential job candidate?<\/strong><\/p>\n<p><strong>\u00a0<\/strong><strong>A.<\/strong><span style=\"line-height: 20px;\">\u00a0 Most hiring decisions are based on the candidate\u2019s resume and how well they perform in an interview.\u00a0 As recruiters, we encourage clients to go beyond this two-dimensional assessment and to consider the rule of thirds:\u00a0 1\/3 of the decision should be based on the candidate\u2019s experience, skills and documented ability; 1\/3 should be based on their performance on behavioral style assessment testing; and 1\/3 based on the candidate\u2019s \u201cfit\u201d with the culture of the company.\u00a0 If the candidate hits the mark in all three of these critical areas, it enhances the chances that this person will turn out to be highly engaged, highly productive and an overall top performer.<\/span><\/p>\n<p>&nbsp;<\/p>\n<p><strong>Q:\u00a0 One of my employees just received a jury duty notice but it is at a critical time of year for our business and we can\u2019t afford for the employee to be gone.\u00a0 Is there a way we can request an exemption to the court?<\/strong><\/p>\n<p><strong>\u00a0<\/strong><strong>A:\u00a0 <\/strong><span style=\"line-height: 20px;\">Yes, you can file an exemption by writing a letter to the judge or the court that issued the summons.\u00a0 You can explain the circumstances and honorably request that the employee be relieved of jury duties because it would place an undue hardship on your business.\u00a0 The judge may excuse your employee from acting as a juror or defer that service on the basis of an undue hardship or extreme inconvenience.\u00a0 The court will balance the request with the public need and issue a determination, so a request for excusal does not necessarily mean the court will grant the request.\u00a0 Most importantly, you must not discharge or retaliate against an employee who chooses to perform jury service despite your objections. \u00a0<\/span><\/p>\n<p><strong>\u00a0 <\/strong><\/p>\n<p><strong>Q.\u00a0 What is meant by \u201cEmployment at Will\u201d?<\/strong><\/p>\n<p><strong>\u00a0<\/strong><strong>A.\u00a0 <\/strong><span style=\"line-height: 20px;\">Some states are considered \u201cAt-Will\u201d states, which refers to the common law rule regarding the employer-employee relationship and allowing for the termination of the relationship by either party without notice and without cause.\u00a0 Many employers make clear their right to employ at-will with specific language in their personnel policies and employee handbooks.\u00a0 To support its at-will status, it is advisable that an employer clearly state in the handbook that the company\u2019s personnel policies are not to be construed as a contract of employment.<\/span><\/p>\n<p>While declaring and retaining at-will status provides an employer greater flexibility in the workplace, in all states the burden of proof is on the employer to ensure that a termination is not the result of wrongful discrimination (for reasons such as age, sex, race, color, national origin,\u00a0 religion, disability, veteran status, family status, genetic information or sexual orientation).\u00a0 Accordingly, being an at-will employer is not a cure-all or a substitute for establishing clear policies, keeping thorough documentation and applying consistent administrative practices in all facets of the employer-employee relationship.<\/p>\n<p>&nbsp;<\/p>\n<p><strong>Q.\u00a0 Do I have to pay out my employees\u2019 unused vacation time or severance pay upon termination?\u00a0 <\/strong><\/p>\n<p><strong>\u00a0<\/strong><strong>A. <\/strong><span style=\"line-height: 20px;\">You want to verify with your state law as some states may vary.\u00a0 Generally, vacation pay, holiday pay, bonuses, sick leave and severance pay are examples of wage agreements, which may be made between employers and employees as a part of the employee\u2019s total compensation package. There is no requirement to offer these benefits. But you are required to honor any already established policy or agreement relating to the payment of benefits such as accrued vacation or severance pay upon termination. If the employee qualifies and is eligible for benefits, you should pay those upon termination as well.<\/span><\/p>\n<p><strong>\u00a0<\/strong><\/p>\n<p><strong>Q. Am I required by law to do employee performance reviews?<\/strong><\/p>\n<p><strong>\u00a0<\/strong><strong>A.<\/strong><span style=\"line-height: 20px;\">\u00a0 No.\u00a0 The Fair Labor Standards Act (FLSA) does not require that employers conduct performance evaluations. Performance evaluations are generally a matter of agreement between an employer and employee.\u00a0 While law does not require them, they are highly recommended to establish expectations, manage performance and increase employee engagement.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Every month, we prepare one or two topical questions and answers for our association clients. \u00a0Here are the 2013 Q&amp;As, all in one place. \u00a0Happy Holidays and we look forward to touching base in the new year!\u00a0 \u00a0 \u00a0 Q:\u00a0 Every December my father delights in distributing bonuses to his employees.\u00a0 Unfortunately, the amount he [&hellip;]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"_uf_show_specific_survey":0,"_uf_disable_surveys":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-7327","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"aioseo_notices":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v23.9 - 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