 Today’s social media climate should help remind employers that they must be cognizant of the impact claims of sexual or other harassment can have on their business and reputation. To protect themselves and their businesses, employers should review their handbook and the harassment policies and procedures that they are currently enforcing. Employers should also implement a process for monitoring legislative changes, as it is likely that new laws and standards around harassment will be implemented soon.
When reviewing harassment policies, there are several items that an employer should consider. The most important is to remember that the types of harassment that can lead to liability extend beyond conduct that is sexual in nature. According to the Equal Employment Opportunity Commission (EEOC), there are two types of sexual harassment claims: “quid pro quo” and “hostile work environment.” The EEOC provides guidance on defining harassment and establishing liability that can be helpful for employers. Although the EEOC can provide great information and guidance, employers should be cautious of using the legal terminology and definitions that these documents contain. If your policy language isn’t easily understandable or doesn’t provide context, it may be deemed inadequate. When developing anti-harassment policy language, it is important to clearly state what prohibited behaviors look like. For harassment to be illegal, it must be “severe and pervasive.” In developing anti-harassment policies, the goal should be to stop and correct these behaviors before they rise to that level. For employees to understand what is expected of them, I recommend that employers include language such as “the following behaviors are unacceptable and therefore prohibited, even if not unlawful.” This helps to clarify that even if a certain behavior isn’t actually illegal, it is still prohibited by your organization. Employers should also include language that explains that prohibited harassment goes beyond just sexual. Harassment can occur in many forms and circumstances.
Employers should ensure that their policy language also indicates that these expectations apply to both employees and non-employees and are also in effect when the employee is not working but engaged in activities with other staff members, such as company events, whether those events are on company property or not. It is also important for employers to make it clear that the company’s anti-harassment policies apply not only to the spoken or written word but also to e-mail, text messages, and social media posts. There have been many instances in recent news of cases of harassment involving text messages and social media. Consider adding verbiage that states that the harassment policy applies to social media posts and online commenting. Of course, having a thorough anti-harassment policy is just half the equation. Having effective complaint and investigation processes are also essential to protect your business. For more information on anti-harassment policies and how to enforce them, it would be wise for employers to consult with an employment attorney. To add anti-harassment policies to your handbook, or if you don’t have an employee handbook, contact Maria Novak 610-405-0633.
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You’ve put in the hard work building your business from the ground up. And it’s finally starting to pay off. The only problem: now you have more work than you can handle. Growth is always a good problem to have. But it does come with its own share of challenges. If you’ve made it to this point, you have two options. The first is to let new business opportunities pass you by, ensuring you don’t take on more than you can handle. The second option is to lighten your load by hiring someone to help.
Should I hire an employee or independent contractor? If you need help building your business, there are two ways to hire an extra set of hands - adding an employee or signing an independent contractor. While there are pros and cons to both, it’s important to understand the difference. Employee: An employee is hired to work for your company on a full- or part-time basis. This means you, as the employer, have control over how, when and where they do their job. However, this control comes with added responsibility. When you hire an employee, you’ll need to withhold payroll taxes and report their income, in addition to abiding by other federal, state, and local employment laws. Then, there are additional benefit considerations – like offering vacation, sick time, and health insurance. These are just some of the basic responsibilities that are tied to having employees. Independent contractor: A contractor is a self-employed worker who is hired for specific services. According to the IRS, that means the payer only has the right to direct the result of the work - not how, when, or where it’s accomplished. Contractors can also perform work for multiple clients at the same time. When hiring a contractor, you still need to report their income using the appropriate tax form. But they are responsible for their own taxes and benefits. Contractors can be a great option if you need additional work that doesn’t have to be done at your location in the time you require. They can bring their specific skillset to the table, without the long-term commitment of hiring an employee. When is the right time to hire an employee? Every business is unique. So, there’s no right answer to when the best time is to hire an employee. Instead, you’ll need to find the right balance for your situation. Too early: The biggest challenge to hiring your first employee is typically a financial one. Hire someone too soon and you’ll run the risk of encountering cash-flow problems. Or if you don’t have enough work to support a team member, you could be paying someone who doesn’t have enough to keep them busy. Too late: However, if you start hiring too late, you may miss out on opportunities to grow your business. Or you could get in over your head and risk disappointing your current customer base. Either scenario is less than ideal. That’s why it’s important to plan ahead. Decide in advance when it’s a good time to bring on an employee – like when you hit a certain sales goal, or at a time when an employee can perform work that will significantly increase your revenue. Remember, it never hurts to interview employee options and also speak with a contractor before deciding which one works best. You can also speak with a contractor and use that option in the short term before hiring someone. What changes do I need to make to my business before hiring an employee? One big obstacle to hiring your first employee can be the logistics. The truth is, that hiring an employee means you’ll have a lot more rules to follow. If you have specific questions about your business, talk to an experienced lawyer for legal advice. I always suggest using your CPA not only to answer all the financial questions but as a sounding board as they usually have worked in these situations with other clients. Generally speaking, before you make your first job offer, you need to:
How do I find the right candidate for the job? Bringing home a new pet is one of life’s most exciting experiences and many Americans appear to agree — 68 percent of households in the United States own a furry companion. Recognizing that our pets are important to us and part of the family, some companies are now offering their employees “pawternity” leave (also known as “furternity” leave.)
Pawternity leave acknowledges the growing role pets play in employees’ lives by giving them time off specifically for caring for a new baby pet, caring for their ill or injured fur friends, or for bereavement after a beloved pet dies. With millennials now representing the largest population in the workforce, as well as the largest population of pet owners (more than 35 percent), it’s easy to understand why more and more businesses are incorporating pawternity leave into their benefits packages. But don’t rush out to adopt pawternity perks as your company’s newest benefit just yet. Because it’s so new, what’s included in pawternity benefits varies widely from company to company. The types of animals covered by such policies fluctuate just as dramatically. Some companies include all types of pets for furternity benefits (even those that don’t technically have fur), while others offer leave for dogs and cats only. The concept of pawternity leave is catching on with more employers. A recent survey conducted by Nationwide and the Human Animal Bond Research Institute (HABRI) found that 91% of employees who work for companies with these types of pet-friendly policies are more engaged with their work. The number-one reason cited for adopting pet-related benefits is that it boosts employee morale. It shows heart and recognizes the important role pets play in many people’s lives, which translates to better employee engagement and retention. And that’s good for any business. Another advantage to the company: It may help you become an employer of choice when recruiting new employees, particularly millennials and Gen Zs searching for cutting-edge incentives since few businesses currently offer pawternity leave. Another potentially beneficial aspect of pawternity leave is that it has minimal financial repercussions for your business. Pawternity leave is simply a benefit that protects a person's position should they need to take a leave to be with their pet. It works this way: a person needs a week to be with their dog. If the employee doesn’t want to use PTO or sick time (or doesn’t have any remaining), then the employee can take a leave without pay and their job won't be in jeopardy. Zogics of Lenox, Mass. has a pawternity leave program and offers other benefits like discounts on pet insurance and a pet-friendly office. “Every day is take your dog to work day at Zogics [Pet Division], and more than half of our employees bring their four-legged friends to the office,” says CEO Paul LeBlanc. It’s because of policies like this that Zogics was recently named one of the Best Workplaces in America by Inc Magazine. The most obvious drawback to offering pet-related benefits is that, by definition, they’re not applied equally to all employees. For instance, if only half of your workforce owns pets, that means the other half won’t qualify for the extra time off or flexibility to work from home. If your firm is considering developing and implementing pawternity leave, there are some factors that should be considered. 1. What constitutes a pet? Defining this is the first hurdle you’ll need to clear before adopting pawternity leave. While cats and dogs are the most commonly owned pets, what about birds, bunnies, fish, rodents, snakes, lizards, and horses? What if an employee argues that their new goldfish needs help adjusting to its new home? Allowing leave for some types of pets and not others may leave you open to claims of favoritism. 2. How much time will be allowed in the policy? Just as HR policies have limits to sick days and vacation days, there should be limits to pawternity leave as well. For instance, an employee who fosters sick animals may cope with multiple animals passing away each year. Do you allow a day for each animal that dies, or just one day a year? Make sure you consider all angles and scenarios so that you’re not faced with excessive pet-based absences that may affect your business. 3. Does this benefit cover bereavement only? Or will you also provide days off or the flexibility to work from home upon the adoption of a new pet? What if their pet gets sick and they need to stay home? Whatever you decide, just make sure it’s clearly spelled out in your policies and employee handbook. 4. How many days will be available for bereavement? What about for new-pet adjustment? Again, the most important things to remember here are clarity and consistency. Communicate the specific number of days or the terms of any flexible arrangement allowed for each type of pawternity leave, and then apply your policy fairly to everyone. Do different needs allow for different amounts of time off? Taking care of a sick pet is different from bringing home a new puppy. 5. Will you offer pet health insurance? The American Pet Products Association's research shows a rise in spending on veterinary services. As the New York Times reported, some companies have started offering health insurance for employees’ pets as an additional benefit. 6. Is the policy unfair to other employees? Allowing extra time off for pet owners may leave employees who don't have pets feeling left out. The policy should take this into consideration to ensure employees are given approximately equal benefits as permitted by their contracts. Perhaps the easiest option is to be as generous with paid time off (PTO) as is financially feasible and to encourage employees to use their time as they need it. (This may require that you remind managers to control their judgmental comments about pet bereavement or puppy training.) You could also consider whether or not the employee can work from home and not use their PTO time at all. Other pet-friendly business strategies to consider may include:
Besides creating a new policy, there are many ways you can show your support for employees with pets. For example, you could welcome an employee’s new fur baby with a gift basket or kit that includes some treats and a toy, much like you would host a baby shower for a human child. Whether you want to incorporate a pawternity policy or are just looking for information about this new trend, it is a clear example of the changes that occur as society changes. Pawternity leave may just be a trend now, but in 10 years it may be standard practice in many industries and workplaces. Deciding whether or not to incorporate it can help a firm determine how it addresses its employees' needs both inside and outside the office. With a little creativity, the possibilities are endless. Although there is no law that requires a company to have a personnel or employee handbook, it can be a wonderful tool to communicate your workplace culture, expectations and policies. You may think your business is too small or too informal, but you’ll see that having your policies in writing is a win-win for everyone.
Even though employees won’t always follow the rules, they do like to know them. Employees, both good and bad, like to know what conduct is expected by the company and what punishment they might expect if they fail to follow the rules. Written correctly, the handbook allows a company to address a wide variety of rule violations without limiting the company’s ability to respond on a case-by-case basis as necessary. If your handbook isn’t used or updated consistently, your business may not be running as efficiently as possible and may be at a high risk for costly employee relations issues. You want your employees to behave in a certain way Your company handbook should tell employees what your company expects not only to avoid disciplinary action, but also to tell them how they can succeed. For example, the employee handbook should tell an employee how to: request time off, inform the appropriate manager about possible harassment or discrimination, keep a time record, report possible theft, dress in an appropriate manner, etc., ensuring that the foundation is set for the employee to continue to effectively accomplish their job duties. You want your employees treated in a consistent manner Ideally, various managers will respond to similar rule and performance violations in a similar manner. A well-written handbook tailored to the manner in which your company does business helps to ensure this desired consistency. While a handbook cannot be an “instruction book” on every conceivable problem or issue, it should provide a framework for managers to follow in dealing with various circumstances. Remember, the primary purpose of a handbook is to provide instructions to employees, not serve as a “manager’s guide.” To the extent that your company uses a manager’s guide or believes that such a guide is a good idea, that guide should be a separate document from the employee handbook. Describe the benefits you offer Companies spend a great deal of money on each and every employee in ways that the employee often does not see or appreciate. An employee handbook is an excellent way for a company to take credit for all that it does for the employee. Without a great deal of detail in any policy, an employee handbook should list all the benefits provided by the company at no cost to the employee (for example, workers’ compensation), subsidized by the company (for example, many types of health insurance benefits), or available for purchase at reduced rates due to the company’s group membership (for example, credit unions). Additionally, a handbook should include the various types of paid and unpaid time off given to employees even if such leave is mandated by the government. You want to win unemployment claims In most states, winning an unemployment claim for a terminated employee requires proof that the terminated employee was on notice of a certain rule (or rules) and had been warned that violating the rule would lead to disciplinary action up to and including immediate termination. A well-written employee handbook is the beginning of a successful defense. The page of the handbook containing the applicable policy, as well as the signed acknowledgement page, should be the first step of any unemployment paperwork submission for a rule violation or poor performance termination. You want to win lawsuits Many employment-based lawsuits hinge on consistent treatment of employees and/or ensuring that employees were on notice of important company policies and procedures. A well-written employee handbook that reflects a company’s actual practices serves both of these purposes. The employee handbook and the employee’s signed acknowledgement form are nearly always exhibits in a lawsuit and can help a company win. Imagine a jury looking at your current employee handbook. What does it say about your company? Is it out of date? Does it contain unlawful provisions? Does it look “homemade” or cobbled together from multiple sources and documents? Does it contain inconsistencies? Could it be a better reflection of your company? Important considerations for any employee handbook Your handbook needs to reflect compliance with applicable federal, state and local law. This does not mean that every law needs to be specifically addressed and reiterated in detail in the handbook. Rather, the handbook should not conflict with any applicable law and should contain a clear statement that the company intends to comply with all applicable laws. Your handbook should be tailored to your company and should clearly reflect how your company does business. Copying another company’s handbook or just adopting a handbook you find online, even from a very reputable source, may do more harm than good. Your handbook is a reflection of the company. Handbooks that contain typos, are copied askew, are out-of-date, contain another company’s name, contain policies that don’t apply to your company in whole or in part and/or look sloppy or unprofessional, send a message that the company doesn’t really care about its employees. For a small investment, any company can publish a well-edited, well-written, legally sound, professional looking employee handbook. In the end, even the very best handbook fails to provide a benefit to the company if employees did not have easy access to it, and if the company cannot “prove” the employee received the handbook and understood that he or she was required to abide by it. To have such proof, a company needs a signed acknowledgement form. By creating a custom handbook for your company that complies with the points listed above, both the company and the employee benefit. In my business, with social media being an integral part of marketing and business development, I am often questioned on the role it plays when employees have access to social media while working.
Certain aspects of marketing often overlap with human resources and many policies need to be integrated into an employee handbook, which are essential to the development of the business. Do you really know what your employees are posting on the Internet? The increased use of social media sites can create some questions and concerns within the workplace. The expansion of the Internet and sites where individuals can post information have been a great asset for business, particularly small businesses. Your business might even have a Facebook page and you can use this as a communication tool to reach existing customers and potential customers. However, there are also some challenges that come along with this increased technology, particularly when it comes to employee privacy rights. The key concern that enters the picture is the employees' use of time on social media sites while they are supposed to be working, thus, creating loss of productivity. When can an employee use social media, and what are employees allowed to post? The more challenging aspect of social media sites for employers is the actual information that an employee may post on a site. Is it potentially harassing behavior toward another employee? Is the employee posting information about the company that could violate any nondisclosure policies or agreements? In order for companies to gain a better handle on these situations, it is recommended that organizations have clear Internet usage and social media policies written into their employee handbooks. A good policy should provide the following: • Instructions to employees on what is and is not permissible with regard to using the Internet at work; • Clear information about the employer's right to monitor employee computers within the workplace and require employees to acknowledge in writing that they should not have an expectation of privacy for anything that is sent, received or stored on the company's computer systems; • Restrictions on the use of personal phones and other electronic devices while on company time; • Consequences for employees if they are in violation of the Internet Usage and Social Media policies. An employee handbook lays the groundwork for how a business runs from day to day. If your handbook isn’t used or updated consistently, your business may not be running as efficiently as possible and be at high risk for costly employee relations issues.
Your handbook needs to reflect compliance with applicable federal, state and local laws. This does not mean that every law needs to be specifically addressed and reiterated in detail in the handbook. Rather, the handbook should not conflict with any applicable law and should contain a clear statement that the company intends to comply with all applicable laws. Your handbook should be tailored to your company and should clearly reflect how your company does business. Copying another company’s handbook or just adopting a handbook you find online, even from a very reputable source, may do more harm than good. Benefits of a Good Employee Handbook:
A well-written, lawful employee handbook has no downsides and provides an employer with all the flexibility necessary to address the myriad of possibilities when it comes to employee actions and inactions. Even though employees won’t always follow the rules, they do like to know the rules. Employees like to know what conduct is expected by the company and what punishment they might expect if they fail to follow the rules. An employee handbook is primarily a rule book. Written correctly, the handbook allows a company to address a wide variety of rule violations without limiting the company’s ability to respond on a case-by-case basis as necessary. For this reason, it is suggested that most employers avoid a formal progressive discipline policy wherein a list of rule violations is associated with a particular “punishment.” Most companies are much better off training managers to respond appropriately and timely to employee rule violations and/or poor performance. You want employees to behave in a certain way: Your company handbook should tell employees what your company expects not only to avoid disciplinary action, but also to tell them how they can succeed. For example, the employee handbook should tell an employee how to: request time off, inform the appropriate manager about possible harassment or discrimination, keep a time record, report possible theft, dress in an appropriate manner, refrain from drug and alcohol use, maintain confidential information, interact via social media, use various electronic resources, comply with applicable laws, etc. You want your employees treated in a consistent manner: While a handbook should not be an “instruction book” on how to manage or deal with every conceivable problem or issue, it should provide a framework for managers to follow in dealing with various circumstances. You want to win unemployment claims: In most states, winning an unemployment claim for a terminated employee requires proof that the terminated employee was on notice of a certain rule (or rules) and had been warned that violating the rule would lead to disciplinary action up to and including immediate termination. A well-written employee handbook is the beginning of a successful defense. The page of the handbook containing the applicable policy, as well as the signed acknowledgement page, should be the first step of any unemployment paperwork submission for a rule violation or poor performance termination. Many employment-based lawsuits hinge on consistent treatment of employees and/or ensuring that employees were on notice of important company policies and procedures. A well-written employee handbook that reflects a company’s actual practices serves both of these purposes. The employee handbook and the employee’s signed acknowledgement form are nearly always exhibits in a lawsuit and can help a company win a lawsuit. Imagine a jury looking at your employee handbook: What does your current employee handbook say about your company? Is it out of date? Does it contain unlawful provisions? Does it contain inconsistencies? Could it be a better reflection of your company? If you don’t think a jury would be impressed with the quality of your handbook, consider revising and updating your handbook right away. |
Boost Your BusinessMaria NovakI have over 35 years' experience in Marketing Small Businesses. Categories
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