If you have a contract with the federal government in excess of $100,000 issued after June 1, 2010, you must provide notice to employees. If you have any subcontractors providing products or services related to the prime contract in excess of $10,000, you must also notify the subcontractor of their obligations as well.

Posting requirements do not apply to the following:

• prime contracts under the Simplified Acquisition Threshold, which is currently set at $100,000.
• subcontracts below $10,000.
• contracts and subcontracts for work performed exclusively outside the territorial United States.

Other exceptions and exemptions may apply. See 29 C.F.R. 471.3 for more details.

Basic posting requirements include:

• Contractors and subcontractors must post the employee notice conspicuously in and around their plants and offices so that it is prominent and readily seen by employees.
• In particular, contractors and subcontractors must post the notice where other notices to employees about their jobs are posted.
• Contractors and subcontractors who post notices to employees electronically must also post the required notice electronically.
• Electronic posting requires contractors and subcontractors to post a link to OLMS’s website containing the employee notice where they customarily place other electronic notices to employees about their jobs.
• The link must be no less prominent than other employee notices.
• Electronic posting cannot be used as a substitute for physical posting.
• Where a significant portion of contractor’s workforce is not proficient in English, contractors and subcontractors must provide the employee notice in languages spoken by employees.
• OLMS will provide translations of the employee notice that can be used to comply with the physical and electronic posting requirements.

Sanctions and penalties for noncompliance can include:

• Suspension or cancellation of the contract 29 C.F.R. 471.14
• Debarment from holding federal contracts 29 C.F.R. 471.14

You may be asking if you are required to post this notice because you are a “non-union employer” or a subcontractor that does not currently deal with unions. This simple answer is YES – you still have to post and give notice.?? Employers that do not presently deal with unions as representatives of employees, or maintain a policy of not wanting to deal with unions as representative of employees, must nevertheless comply with the regulations if they are a federal contractor or subcontractor.

Many banks are asking if they are considered federal contractors for the purpose of this requirement since they are depository of federal funds and do not have a specific beginning and ending date of a contract. Banks are covered by the regulations for at least two reasons. First, deposit insurance is a covered contract. Second, an entity is covered if it is an issuing and paying agent for US savings bonds and notes, or is a federal fund depository.

For those of you in the medical arena, you may be wondering if this requirement applies to Medicare/Medicaid support or involvement.

• Reimbursements made pursuant to Medicare Parts A and B, and Medicaid are Federal financial assistance, not contracts.
• Medicare Parts C & D, TRICARE, and FEHPB may be federal contracts depending on the circumstances.

The rule excludes “federal financial assistance” from the definition of “government contract.” “Federal financial assistance” generally means grants or loans of federal funds. If the project is preformed based on “federal financial assistance” rather than a government contract or subcontract, then the rule does not apply.

Remember, the regulation applies to contracts resulting from solicitations issued after the effective date of the final rule, which is June 21, 2010. The Federal Acquisition Regulation Council is working on an amendment to the Federal Acquisition Regulations, and the OFCCP expects that interim final rule to issue shortly. For example, if a solicitation was issued by an agency on June 1, 2010, the resulting contract (even if executed after June 21, 2010) would not be subject to the Order’s requirements. On the other hand, if the solicitation is issued on or after June 21, 2010, any resulting contract is subject to the Order and may be reviewed.

Finally, Executive Order 13201 has been repealed, thus these posting no longer are required.

A free copy of the poster as well as sub-contractor language can be found at: http://www.dol.gov/olms/regs/compliance/EO13496.htm

Should you need assistance dealing with your federal contractor status or resulting obligations please contact Carleen Nelson-Nesvig, SPHR or Marlo McCutcheon, SPHR.

This e-newsletter does not represent itself in any manner as offering legal assistance to readers.

Training Events

To maintain certification as an SPHR, HR professionals must dedicate 15 of their 60 total recertification hours to strategic management. Unlike general certification credits that focus on traditional HR functions, strategic HR focuses on advanced business planning. Time is running out to enroll in our last strategic program for the 2010 year.

Building a Strategic HR Department

Organizations are pulling themselves out of these tough economic times by realigning their strategic goals. HR departments must do the same to gain credibility and avoid being outsourced. Bee Tree is offering a workshop to help HR professionals at all levels align themselves and their departments with corporate strategy.

Bee Tree’s recent review of a client’s employee handbook was the catalyst for this month’s article on Medical Marijuana. With the passage of the Michigan Medical Marijuana Act some employers are confused about what they should do when an employee tests positive for marijuana and is legally registered to ingest marijuana to treat pain under the state law.

Such was certainly the case when Joseph Casias, 30, reported to work at a Wal-Mart store in Battle Creek, Michigan this year and failed his drug test.

Wal-Mart is a federal contractor obligated under both DOT and OSHA regulations. Under the Drug-Free Workplace Act of 1988, companies that receive federal contracts MUST prohibit the use of marijuana in the workplace. The U.S. Department of Transportation has issued guidelines that bar employees in certain safety-sensitive transportation jobs, such as pilots, truck drivers, and subway operators, from using medical marijuana. All employers are required to provide a safe and healthful work environment under the Occupational Safety and Health Act of 1970. If employees are smoking pot, even off-duty, safety issues could arise.

Employers also have to consider questions of liability. If an employee legally using pot hurts someone while on the job, the company could quickly find itself embroiled in a lawsuit. Clear enough – right? ?

Wal-Mart terminates associate of the yea for testing positive

All that having been said the ACLU has filed a lawsuit against Wal-Mart for

the wrongful firing of Mr. Casias. Their position is that Mr. Casias never ingested marijuana at work and never worked under the influence of marijuana. For Mr. Casias the decision to ingest marijuana and continue to work was a Catch 22. For Wal-Mart the decision was clear. They believe they have the right to fire workers who test positive for marijuana, even if those employees are using it with a doctor’s prescription. After all neither Michigan’s law or federal laws protect employees that fail an employer’s drug test. However the law in Michigan can be confusing for employers and employees. According to this law, patients with a legal prescription can’t be denied any right or privilege by a business. Wouldn’t a right be a medical accommodation? And what is a business? Is the inference that the business is a provider or an employer?

Can employers be allowed to intrude upon private medical choices made by employees in consultation with their doctors?

Some states only regulate the use of, or impairment by, marijuana on the job and are quiet on the issue of drug testing. In Vermont, for example, legal marijuana users can still be arrested or prosecuted for being under the influence of marijuana in a workplace or place of employment. Similarly, under New Mexico’s law it is illegal to possess or use medical cannabis…in the workplace of the patient or primary caregiver. In these states, employers may be able to fire employees who fail drug tests on the job, even if employees only use marijuana at home.

In several states, including Maine and Rhode Island, workers who use medical marijuana are specifically protected from firing based on their use of legally prescribed pot. According to the Rhode Island Medical Marijuana Act, “no school, employer, or landlord may refuse to enroll, employ, or lease to or otherwise penalize a person solely for his or her status as a cardholder [of medical marijuana].”

Ok – so I can’t deny employment because they have a card – but I can terminate them when they fail the drug test.

Obviously depending upon which state(s) your organization resides, the approaches to employees’ possession and use, as well your rights and duties as employers vary dramatically, and many of these state/local laws are new or untested in court; often there is very little specific guidance.

Can employees with a legal prescription to use marijuana claim they have a disability and are therefore entitled to a workplace accommodation?

Mr. Casias’ story is one that even Wal-Mart executives say they are sympathetic too. Few employers would not want to accommodate him in some way. Mr. Casias has suffered for more than a decade from sinus cancer and a brain tumor in the back of his head and neck that was the size of a softball when first diagnosed. It interferes with his ability to speak and is a source of severe and constant pain.

Prior to his failed drug test he had been employed at the Battle Creek Wal- Mart store for more than five years. He had started his career as an entry- level grocery stocker in 2004 and worked his way up to inventory control manager.

There is no question that Mr. Casias is disabled. Can (should/must) an employer provide a workplace accommodation? At this time there is neither state, (Michigan) or federal law requiring (or allowing) such an accommodation.

What do we do?

Review your organization’s drug testing policies to see if they comply with relevant laws.

Once you have created or updated those policies, you need to educate your employees so medical marijuana use by employees is handled legally and consistently throughout your company. Create or continue to enforce policies that include a zero-tolerance approach to drug use. Be sure to include language of what you will not allow, such as:

The use or possession of marijuana or any form of drug paraphernalia in the workplace.

• Employee negligence or professional malpractice resulting from the inside/outside use of prescribed medications.
• Operation of any vehicle while under the influence of a prescribed substance known to alter behavior and/or reaction time.

Communication is key to the success of your program on drug/substance abuse. Tell your workers that your organization is not insensitive to this issue and works hard to ensure that the rights of all of its workers are considered before taking any adverse action for this kind of workplace violation. When possible each situation should be decided based upon its own merits.

Incorporate into your policies, the Company’s position that any worker using any kind of prescription drug that impairs their ability to work safely and efficiently can be terminated.

Remind workers on bulletin boards, newsletters, in your policy manual and employee handbook that state and federal laws do not require employers to accommodate workers who report to work under the influence of a prescribed medication and that federal law requires employers to remove them from the workplace.

Conduct drug testing before hiring and random drug testing for employees. Finally, remember that the Courts have not caught up to the various laws throughout our country. Things – they may be a’changin….?

Stay current with the ever changing court decisions and always consult with your attorney before finalizing policy or taking action.

Should your organization be interested in additional information including policies and procedures to address this topic, please contact Carleen Nelson-Nesvig, SPHR.

This e-newsletter does not represent itself in any manner as offering legal assistance.

HRCI APPROVED UPCOMING EDUCATION

To maintain certification as an SPHR, HR professionals must dedicate 15 of their 60 total recertification hours to strategic management. Unlike general certification credits that focus on traditional HR functions, strategic HR focuses on advanced business planning. We are pleased to announce that Bee Tree Consulting, Ltd. is offering HR Certification Instituteapproved strategic credit workshops in 2010.

The Changing Nature of Human Resources

Increases in health care costs, domestic safety and security issues, technology, legal compliance challenges, exporting and outsourcing concerns all challenged HR professional in the last decade. What will challenge us in the future? (September 7, 2010)

Building a Strategic HR Department

Organizations are pulling themselves out of these tough economic times by realigning their strategic goals. HR departments must do the same to gain credibility and avoid being outsourced. Bee Tree is offering a workshop to help HR professionals at all levels align themselves and their departments with corporate strategy.

Learn the key human resource issues facing organizations today, how to add value to your business and how to plan for its future by reviewing your organization”s strategic goals and mapping out HR strategies for success in an interactive workshop setting. (October 5, 2010)

All classes are designed for Bachelor’s and Master’s level HR Professionals.Workshops will begin promptly at 8:15 am and end at 12:30. Participants will receive 4.0 strategic recertification credit hours per workshop. Because Michigan Works in Lansing has agreed to co-sponsor this event, we are able to economically price each workshop at $50.00. All workshops will be held at Capital Area Michigan Works!, 2110 South Cedar Street, Lansing, MI 48910.

My HR experience has taught me that employees with chronic behavioral issues don’t change their behavior without ongoing intervention. This being said, we have to ask ourselves, how much longer can we put up with this behavior? What are the costs, what are the consequences to the company? How does it impact employee morale and overall performance? The answers will lead you to the appropriate course of action. To assist you with this age old problem we have included below a few tips. As is always the case, look to consistency and investigate well before taking any action.

Documentation, Discipline, and Discharge

Is it ok for a supervisor to have separate files on their employees? Should the employer tell the employee why s/he is being let go? These similar questions often plague us when it is time to discipline an employee. As is often the case the answer depends upon the circumstances.

First example: Supervisors often encounter one-time-events with workers. The one-time they missed something on a report or instruction; the one time they seemed less than engaged. These one-times while certainly in need of comment do not rise to the level of importance that would dictate HR intervention. They can simply be documented and filed away safely for retrieval should similar situations occur in the future. Simply stated yes, there are circumstances in which a supervisor may keep a separate file until such time as the situation becomes a trend.

Second example: Most Michigan based employers function as at-will employers for a portion (or all), of their workforce. This means that neither the employer nor employee need give reasons for separation. As at-will employers we want to hold our position without losing the option of justification for termination. Having to prove we had cause in a court of law can be very costly. We also want to avoid going to court at all. Sometimes we can do this just by sharing with the employee our reasons for termination. If we have done what our legal departments have advised, we will have already used progressive discipline to educate our employee about his/her conduct and then of course they already know the grounds for termination. If this is a surprise termination (no prior warnings), we would want to ensure (1) that the punishment fit the crime, (2) it was consistent with past infractions of this nature, (3) it was not arbitrary or cupreous, (4) the employee knew that what s/he was doing was not acceptable, (5) we have a lot of evidence to use in support of our decision to terminate, (6) we have discussed the situation with an HR expert or legal professional to determine what should be said at the termination meeting. In most cases some information can and should be shared. To not share any reasons for a termination often results in the ex-employee believing s/he has not done wrong and therefore the employer must have something to hide.

Documentation

It is important that the process leading up to termination be properly documented. If good documentation exists employees are discouraged from filing lawsuits or contesting unemployment claims.

Rules to Live by…

• Document at the time it occurs- don’t wait!!! Waiting signals the action was questionable or the behavior is not severe to a jury.
• Always date the documentation. ? Always sign the documentation. ? Describe the employee’s behavior and events leading up to the
• discipline clearly and concisely. (This can mean mentioning facial expressions, body position such as blocking a door for example, tone or volume of voice.)
• Inform the employee of consequences. ? Document what the employee was told.
• Ask the employee to sign the discipline document. ? Inform the employee that the document will be placed in his/her file.
• Don’t….Back date the document.
• Over document.
• Nit-pick.

Solutions for Dealing with Problem Employees

1. Stop transferring problem employees to others but rather, adopt them. Work with them to resolve the problem, or send them packing.
2. Don’t allow problem workers to change the subject during discipline sessions. Just simply say “we are discussing ‘this’ right now”. If you wish to discuss ‘that’ let’s schedule it for another time.
3. Ensure balance in your conversations with problem employees. Point out his/her good as well as bad characteristics. Ensure self-esteem and offer support during the initial meetings. Discipline is the derivative of disciple meaning to teach not beat down, ridicule or condemn.
4. Make sure the problem employee understands that his/her behavior (performance) is poor and describe the consequences (no increase, no advancement, potential discipline, etc.).

Public Policy Restrictions to Consider

For-cause and at-will employers alike are restricted from discharging employees for:

Refusing to give false testimony in court.  Exercising the right to perform an important public policy obligation; such as testifying in court or blowing the whistle on an employer’s illegal conduct.

Steps

• work in an unsafe environment), retaliation for filing a claim of harassment or worker’s compensation.
• to Use When Dealing With a Difficult Person
• Remain in control.
• Assess the situation.
• Use a “Situational Management Style” to best handle and communicate with the worker.
• Decide what to do.

Bee Tree Consulting, Ltd. professionals offer both classroom and customized on-site training for HR and Supervisory personnel to include the 3 D’s, Dealing with Difficult People, Conflict Resolution, Performance Management, and our newest training product “Understanding and Changing Workforces”. This series includes attitude, reading body language signs, and people styles. If you have an interest in any of these topics please contact Carleen Nelson- Nesvig, SPHR for details.

This e-newsletter does not represent itself in any manner as offering legal assistance to readers.

The New Face of the OFCCP

As you all know, President Obama appointed Patricia Shiu as the new Director of Office of Federal Contract Compliance Programs (OFCCP). Her prior work experience speaks for itself:

• Vice President of Programs at the Legal Aid Society of San Francisco Employment Law Center
• President and board member of the National Employment Lawyer Association (a plaintiff’s employment attorney organization)

During her tenure at the Legal Aid Society, Ms. Shiu focused on employment discrimination cases involving race, gender, disability and sexual orientation.

What you may not know is the new path the OFCCP is taking. The “tipping point” test for potential compensation disparities may go away. A new process for review of pay has not been confirmed, however, regression analysis is still being used. Focus on small group analysis and one-on-one pay disparities are become a regular practice. This minimizes any “wiggle room” for employers to escape even small disparities in pay between males vs. females and whites vs. minorities. Employers must conduct some type of pay equity test annually (at a minimum), at the job level.

Remember those promises of “Goof Faith Efforts”. A promise made through vague language in an affirmative action plan is no longer good enough. The OFCCP is asking for proof and is particularly interested in your specific efforts to reach veterans and the disabled. The Agency may demand detailed information on numbers of veteran and disabled recruitment sources used and numbers of applicants/hires generated from each resource. Posting with the unemployment office will probably not satisfy this higher level of outreach expectation to tie concrete numbers to each specifically targeted veteran and disabled recruiting resource.

Proposed regulation changes currently under review could require federal contractors to also conduct statistical analysis on veterans and disabled similar to that currently required for female and minority applicants and employees in the future.

For now, review your recruiting resources, adjust to ensure outreach and monitor quantity and quality of candidates. If you are not receiving quality candidates, modify your outreach efforts to show “good faith effort”.

Should you need assistance with your affirmative action obligations, please contact: Marlo McCutcheon, SPHR .

This e-newsletter does not represent itself in any manner as offering legal assistance to readers.

U.S. firms are embracing a new workforce of more than 1.4 million contingency workers. The reason is clear. They have released the never-ending administrative, functional and seasonal responsibilities in order to focus on the primary purpose of their business. Is your company ready to embrace the wonderful world of outsourcing? Does it need the competitive edge that comes with lower costs and flexible workers ready to perform? Is outsourcing right for you?

A Incredible Resource for Companies Considering Outsourcing

This book offers invaluable advice on:

• Legal issues: Complying with the Internal Revenue Service, immigration law and liability issues
• Avoiding potential problems with contingency workers
• Writing a contract that spells out performance requirements, builds in incentives and protects your business from unexpected service charges
• Assessing whether to outsource and how extensively, including a checklist to assist in the decision making process
• Effectively integrating current employees and contingency workers.

Carleen Nelson-Nesvig, SPHR has more than thirty years of experience as a Human Resource professional. She is degreed in Human Resource Management and is certified in employment law. She writes and teaches frequently on the topic of human resources.

Book Review - Walter Flynn, MBA, Faculty member of the School of Business, Kennedy-Western University.

“Ms. Nelson-Nesvig has done an outstanding job. Specifically, her work is timely, current and on-point. The content is well-written, well-organized, thoughtful and comprehensive. Her research is exhaustive and thorough.”

Book Review – Craig Matteson’s , University of Michigan. 2010

“Though this book was written during the boom when employees simply could not be found, that really doesn’t affect the value of this book. Think of this as a handbook of important information you need to think through when considering outsourcing and you will have a better idea of what you will find here.”

“The author provides information to help you think through the various types of outsourcing, its positive and negative aspects, and great information to help you navigate the legal minefields that can turn a good outsourcing project into a bad one. As just one example that has hurt many companies, when someone you thought wasn’t an employee actually becomes one for legal purposes. There is also a guide to other resources, some helpful appendices, helpful illustrations, and much more.”

“The information in this book will repay the price of purchase many times over.”

Order Today

For only $16.00 (shipping and tax included in price) you can put outsourcing to work for you with insightful research, legal pointers and a checklist to take you through the process. Discounts are available for large orders. Please call 800.427.8439.

Mail your payment, quantity and shipping info to:

Bee Tree Consulting, Ltd.
433 Bee Tree Lane
Dexter, MI 48130

“Describe your typical day from the time you rise” is one of my favorites. This question gives me insight into a lot of characteristics I might not otherwise learn about this candidate and it doesn’t violate anyone’s rights. They may share with me that they are up at 6:00 AM to walk the dog, get breakfast started, plan the day, run and still make it into the office by 8:00 AM. They may simply say they get up at 7:00, grab a shower, dress and arrive at work with coffee and newspaper by 8:00. Both arrive at work on time ? right? Both are equally qualified ? right? Maybe not ? this may be the first indication to me that this candidate is (or isn’t) disciplined, may or may not be a planner and/or scheduler. It also leads me to question the work ethic of each further. There’s an hour’s difference in their rising and reporting to work time. One has already done more than the other. One has already committed more to achieving than the other and this little tidbit may form the basis for me to ask more telling questions about their work ethic.

Another favorite of mine is “relative to the position you are applying for, what did you notice about the organization when you arrived here today?” The responses often range from “the people are friendly, dress is casual, everyone seems so busy, to the company lot was full and I could not find a place to park my car.” Such responses can give me an indication of the employee’s attention to detail (or lack of). Certainly if I am interviewing someone for an accounting position I want that person to pay attention to the various “signs” on display during an initial visit. The landscaping for example, the condition of the parking lot, whether the grass was mowed or the windows are clean. A “real” accountant might not tell you that your house keeping is lacking but s/he might already know that you spend or don’t spend company money in some specific areas. I could ask a behaviorally related question instead such as what metrics do you track, but I might just hear what they want me to hear instead. Answers to the initial question are not as easy to disguise.

As an HR professional I am always interested in getting candidates that truly match what the employer is looking for. Prior to showing the candidate a job description I ask them to describe the ideal job for them. I use their answers to help access their abilities and their interests. I want candidates that have the skills sets to do the work they are passionate about. If what they describe is a team setting and I am looking for a one?man?band, it might suggest that this candidate may not be what we are looking for even if s/he possesses the knowledge and skills to perform.

These questions are general in nature and should not be used alone to determine qualifications. Readers are advised to use them as ticklers during the first few minutes of the interview. These questions and others like them can help determine areas in which an interviewer may wish to probe further.

Managing Generational Diversity

It is estimated that today’s workforce is comprised of Traditional or Matures (born 1925?45), 5%; Baby boomers (birthdates from 1945?60), 45%, Generation Xer’s (birthdates 1961? 80), 32%, and Millenniums/Generation Y’ (born 1981?2000), 18%. Each generation is unique and shares formative influences that “set the stage” for behavior over time. This behavior is then different generation to generation. For example: Matures had to endure hardships such as the Great depression and War (WWII and Korean). Because of this they are more apt to be disciplined, regimented, more autocratic or military in nature. They hear and say “Do what you are told, don’t ask a lot of questions, get the job done, save and be safe.” Communication was limited to radio then and communication is limited to rules today. Their goal was and is to survive.

Boomers were exposed to civil rights, the assassinations of two of the Kennedy brothers, Martin Luther King, Malcolm X and Beatle John Lennon. 60,000 soldiers died in the Vietnam War and 766 soldiers were POW’s. It was a sexual revolution, a time for rock music from Elvis Presley, the Beatles and the Rolling Stones. It was a time to experiment with drugs. Astronauts were circling the earth, and flying to the moon. When Boomers weren’t watching Sky King, I love Lucy or Lassie Come Home they were watching these assassinations, musical icons, civil unrest and space exploration on a 2×3 inch black and white television screen. This generation of workers are free spirits and influencers of change. They are hard working and their identities are born out of their careers. Their goal is to make a lot of money, climb the corporate ladder and hang on for as long as possible.

Generation Xer’s were the first computer generation. They grew up on Pac Man, Nintendo and Star Wars. Because Mom was now in the workplace they were the first full generation to experience what being a Latch Key kid meant. Xer’s had Watergate, then the Contra affair and the Clinton Affair. They were learning “don’t trust the establishment”. Because their parents were affluent ? this generation is also known as the age of excess. Today Xer’s are looking for direction. They are not use to being told what to do and when. Latch Key kid figured that out on their own. They will identify best with a Coaching style of management. They are not loyal to a company but to a person. Their goal is to have more time with their families and less time at work.

Millenniums’ were the first true InterNet generation. By age nine they had cell phones to stay in touch with Mom and Dad as well as all of their friend. They saw the fall of Communism, and removal of the Berlin Wall. They are more internationally savvy then any generation before. They are comfortable with diversity. They watched scenes of the Oklahoma Bombing that took 168 lives (many children), witnessed the Columbine shootings and the attack on the Twin Towers. They have no illusions about war having been exposed to the gulf and Iraq wars. They practice war games with others from foreign countries today to pass the time. Millenniums enjoyed economic prosperity until the early 2000′s.

Today they watch want the recession has done to lifestyles. They believe that working smart is better than working hard and this behavior should pay the same. Millenniums like to negotiate

their situations. They will not be pushed or told what to do. They may still be living with parents so may not care if they lose their jobs. They will get another when they are ready. Any of this sound familiar?

Recognizing and managing these generational differences in the workplace can make you a better supervisor, impact the way workers perform, change the way they feel about the organization and the way they treat each other.

If your organization would like to receive training on generational diversity or you are interested in other diversity initiatives give us a call.

This e-newsletter does not represent itself in any manner as offering legal assistance to readers.

Training Events

HRCI Approved Upcoming Education

To maintain certification as an SPHR, HR professionals must dedicate 15 of their 60 total recertification hours to strategic management. Unlike general certification credits that focus on traditional HR functions, strategic HR focuses on advanced business planning. We are pleased to announce that Bee Tree Consulting, Ltd. has partnered with the HR Certification Institute to bring you a variety of NEW Michigan based strategic credit workshops in 2010.

These workshops include:

Ethics and Organizations: Exploring Ethical Practices and Principles for the HR Professional Includes discussion of organizational culture, value and how it relates to ethics in the workplace, the role of HR, business leaders and CEO, Sarbanes-Oxley, creating ethics policies and more. (New Rescheduled Date: July 13, 2010)

The Changing Nature of Human Resources

Increases in health care costs, domestic safety and security issues, technology, legal compliance challenges, exporting and outsourcing concerns all challenged HR professional in the last decade. What will challenge us in the future? (September 7, 2010)

All classes are designed for Bachelor’s and Master’s level HR Professionals. Workshops will begin promptly at 8:15 am and end at 12:30. Participants will receive 4.0 strategic recertification credit hours per workshop. Because Michigan Works in Lansing has agreed to co-sponsor this event, we are able to economically price each workshop at $50.00. All workshops will be held at Capital Area Michigan Works!, 2110 South Cedar Street, Lansing, MI 48910.

Classes are filling fast. Contact Carleen Neslon-Nesvig, SPHR for a registration form today. Mention the CAMW strategic training in the subject line.

Are you looking for specific training for yourself or your workforce, contact Carleen Nelson-Nesvig, SPHR or Marlo McCutcheon, SPHR.

By Theodore O’Hara

The muffled drum’s sad roll has beat The soldier’s last tattoo; No more on Life’s parade shall meet That brave and fallen few. On fame’s eternal camping ground Their silent tents to spread, And glory guards, with solemn round The bivouac of the dead.

Yon marble minstrel’s voiceless stone In deathless song shall tell, When many a vanquished ago has flown, The story how ye fell; Nor wreck, nor change, nor winter’s blight, Nor time’s remorseless doom, Can dim one ray of glory’s light That Guilds your deathless tomb.

Although written to honor Kentuckians slain during the Mexican War, this poem was commonly used to remember veterans of the Civil War. Scores of obituaries in Confederate Veteran magazine refer to soldiers who have joined their comrades at the “bivouac of the dead.” Despite the fact that O’Hara served the Confederacy, both sides used his verse to commemorate their slain companions. Even the gateway to Arlington National Cemetery bears an inscription from O’Hara’s most noted poem.

We encourage you and your employees to remember those lost, respect those serving and rejoice in our freedom as Americans this holiday weekend. Memorial Day is so much more than just a paid day off!

New Employee Notification Requirements for Contractors and Subcontractors

Under a new Department of Labor regulation published last week, beginning on June 19, 2010 Federal contractors and their subcontractors are required to post notices informing employees of their rights under the National Labor Relations Act (NLRA). On June 3, 2010, Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) will present a free webinar for Federal contractors and subcontractors to provide them with information about how to comply with this new regulation.

These regulationsimplement Executive Order 13496, signed by President Obama on January 30, 2009, and require federal contractors to agree to post the required employee notice and to agree to insert provisions in their subcontracts that require their subcontractors to post the employee notice as well. The employee notice that must be posted and the contract provisions that must be inserted into Federal contracts and subcontracts can be found at 29 C.F.R. Part 471 Appendix A.

The notice to employees, required by the new regulation, informs employees about their rights under the NLRA to form, join and assist a union, and to bargain collectively with their employer. The notice provides examples of unlawful employer and union conduct that interferes with those rights and indicates how employees can contact the National Labor Relations Board, the Federal agency that enforces those rights, with questions or to file complaints. Contractors that violate the Labor Department’s regulations requiring employee notification of these rights may be subject to sanctions, including suspension or cancelation of the contract.

Contractors and subcontractors must post the employee notice conspicuously in and around their plants and offices so that it is prominent and readily seen by employees who are covered by the NLRA and who engage in contract-related activity. In particular,

News from Bee Tree Consulting, Ltd. Page 2 of 5contractors and subcontractors must post the notice where other notices to employees about their jobs are posted. Contractors and subcontractors who post notices to employees electronically must also post the required notice electronically, which requires posting a link to the Department of Labor’s website containing the employee notice where they customarily place other electronic notices to employees about their jobs. Where a significant portion of contractor’s workforce is not proficient in English, contractors and subcontractors must provide the employee notice in languages spoken by employees, and the Department will provide translations of the employee notice that can be used to comply with the physical and electronic posting requirements.

Contractors and subcontractors may obtain the required poster in any of three ways. The Labor Department will print posters and provide them to Federal contracting departments and agencies for supply to contractors and subcontractors. Contractors and subcontractors can request posters from the Labor Department’s Office of Labor-Management Standards and OFCCP field offices, and contractors and subcontractors can download the poster from http://www.dol.gov/olms/.

Webinar Information

• Title: OFCCP – How To Comply with Executive Order 13496
• Date: Thursday – June 3, 2010
• Time: 2:00 – 3:30 p.m.
• EDT Space is limited.

Reserve your Webinar seat now at:

https://www1.gotomeeting.com/register/696425736

This e-newsletter does not represent itself in any manner as offering legal assistance to readers.

Training Events

HRCI Approved Upcoming Education

To maintain certification as an SPHR, HR professionals must dedicate 15 of their 60 total recertification hours to strategic management. Unlike general certification credits that focus on traditional HR functions, strategic HR focuses on advanced business planning. We are pleased to announce that Bee Tree Consulting, Ltd. has partnered with the HR Certification Institute to bring you a variety of NEW Michigan based strategic credit workshops in 2010.

These workshops include:

Business Leadership for HR Professional Defines the difference between leaders and manager and helps participants identify competencies, personal characteristics and business practices necessary to perform in an HR leadership role. (June 15, 2010)

Ethics and Organizations: Exploring Ethical Practices and Principles for the HR Professional Includes discussion of organizational culture, value and how it relates to ethics in the workplace, the role of HR, business leaders and CEO, Sarbanes-Oxley, creating ethics policies and more. (New Rescheduled Date: July 13, 2010)

The Changing Nature of Human Resources

Increases in health care costs, domestic safety and security issues, technology, legal compliance challenges, exporting and outsourcing concerns all challenged HR professional in the last decade. What will challenge us in the future? (September 7, 2010)

All classes are designed for Bachelor’s and Master’s level HR Professionals. Workshops will begin promptly at 8:15 am and end at 12:30. Participants will receive 4.0 strategic recertification credit hours per workshop. Because Michigan Works in Lansing has agreed to co-sponsor this event, we are able to economically price each workshop at $50.00. All workshops will be held at Capital Area Michigan Works!, 2110 South Cedar Street, Lansing, MI 48910.

Classes are filling fast. Contact Carleen Neslon-Nesvig, SPHR for a registration form today. Metion the CAMW strategic training in the subject line.

Are you looking for specific training for yourself or your workforce, contact Carleen Nelson-Nesvig, SPHR or Marlo McCutcheon, SPHR.

Already this year Bee Tree Consultants have seen a significant increase in the field in the number of on-site visits and fines from the Department of Labor. While activity has been wide spread throughout the country, it is especially focused on Michigan employers. The DOL is reviewing exempt and non-exempt, as well as independent contractor status. If you have not already conducted exemption audits using updated job descriptions for each of your classifications or evaluated independent contractor status using IRS criteria now is the time to do so. Typical areas of concern are:

Record-keeping Requirements

The FLSA Act requires employers to keep records for all covered employees. Contrary to popular opinion this includes exempt personnel. Information on employees, including detailed reports on time and payments, is mandatory. Records can be in time card or time sheet format. In most situations these records must be retainedor three years.

Overtime Requirements

The Fair Labor Standards Act (FMLA), limits the number of straight time pay hours an employee may work to 40 hours within a week. Any hours worked after forty must be compensated at time and one half the base pay. All employees must be paid overtime, unless an exemption is claimed and justified. The FLSA does not require:? ?? · Extra pay for Saturdays, Sundays or holidays, as such · Pay for vacations or holidays, or severance pay · Discharge notices · Limits on the number of hours of work for persons 16 years or over, as long as overtime pay provisions are met.

Time off for holidays or vacations

The major FLSA exemption concerns are for “white collar” exemptions. Rules, guidelines and standards can be found at: ? www.wagehour.dol.gov If an employee meets the requisite exemption tests then he or she need not be paid overtime compensation.

Proving Exemption

The employer has the burden of proving exemption.The U.S. Department of Labor investigates violations of the FLSA. Both the DOL and the employee can sue employers for failure to comply with the FLSA. The consequences of misclassifying an employee can be quite serious and costly. An employer may have to pay back pay, liquidated damages, and, in some cases attorney’s fees and court costs.An injunction can be issued, and criminal and/or civil penalties are also possible.

Time to Conduct an Audit

Job descriptions for each classification should be compared to standards of exemption. Please visit www.wagehour.dol.gov.

Justification should be cited for each element of the specific exemption category. There are currently seven (7) exemption categories:

1. Executive
2. Administrative
3. Learned Professional
4. Creative Professional
5. Highly Compensated
6. Outside Sales Professionals
7. Computer Employees

Determining exemption can be complicated. We refer our readers to qualified HR experts such as Bee Tree Consulting and/or attorneys. Our field experience prompts us to caution you to consider the following areas of concern before the DOL comes knocking at your door:

Executive

The rules require an executive to have the authority to hire or fire employees, or have significant influence on such decisions. This exemption also requires the executive to supervise 2 or more employees. In a downturn these direct reports could be laid off and thus impact the executive’s exemption status. Before classifying executives, consider if they can meet the administrative exemption first. If not they may not hold exemption for executive once they lose a direct report.

Administrative Administrative Staff Clerical

Administrative does not mean that administrative clerical employees are exempt from overtime. Employers are required to provide administrative clerical staff with time and one half for each hour worked over 40 within a work week. Administrative, for the purpose of the Act, means the employee must have his or her primary duty the performance of office or non-manual work directly related to the management of the employer or general business operations of the employer or the employer’s customers. Administrators working for managers and directors are NOT exempt but either non-exempt or hourly. In most cases the DOL will rule that only the most senior level administrator reporting to the president or CEO could rise to the level of exemption and receive a fixed rate of pay without overtime requirements.

Human Resource Personnel

Factors to consider include, but are not limited to: whether the employee has authority to formulate, affect, interpret, or implement management policies or operating practices; whether the employee carries out major assignments in conducting the operations of the business; whether the employee performs work that affects business operations to a substantial degree; whether the employee has authority to commit the employer in matters that have significant financial impact; whether the employee has authority to waive or deviate from established policies and procedures without prior approval, and other factors set forth in the regulation. The fact that an employee’s decisions are revised or reversed after review does not mean that the employee is not exercising discretion and independent judgment. The exercise of discretion and independent judgment must be more than the use of skill in applying well- established techniques, procedures or specific standards described in manuals or other sources. Just because employees fall under the traditional human resource exemption umbrella does not mean that HR administrators, specialist, personnel clerks or coordinators will satisfy exemption, even if you call them HR managers. Unless they are involved in the actual hiring, firing and independent decision making of a key employee they will probably not satisfy exemption status.

Learned/Creative Professional

There are two general types of exempt professional employees: learned professionals and creative professionals. In addition to a salary test the learned professional must meet the following criteria:

• The employee’s primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment;
• The advanced knowledge must be in a field of science or learning; and
• The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.

This typically means that the classification requires on-going certification such as CPA or SPHR. Having an advanced degree will not always allow for exemption. While learned professional typically fall into functional areas such as law, medicine, engineering and finance, this does not mean an accounting employee such as: accounts payable, receivable, or cost accounting will meet the exemption. Nor will a junior engineer or draftsperson.

Attempting to get exemption for a creative professional can be equally thorny if the following criteria is not satisfied:

• The employee’s primary duty must be the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor. Architects, engineers, authors, producers, true artists, will; meet exemptions, other lesser artistic personnel such as advertising support staff and graphic design or layout personnel may not.

Highly Compensated Someone making at least $100,000 annually customarily and regularly perform at least one of the duties of an exempt executive, administrative or professional employee identified in the standard tests for exemption.

Outside Sales Perhaps the greatest focus of the DOL today is the misclassification of call center agents, customer service representatives, account representatives and others conducting phone, customer or sales related duties. With rare exception these positions will always be non-exempt or hourly, requiring the employer to pay overtime after 40 hours per week. The criteria:

• The employee’s primary duty must be making sales (as defined in the FLSA), or obtaining orders or contracts for services or for the use of facilities for which a consideration will be paid by the client or customer; and
• The employee must be customarily and regularly engaged away from the employer’s place or places of business. Please note that for those working from their home – this is their place of business and will not qualify for outside sales.

Computer Professionals In addition to passes the salary test the employee must be employed as a computer systems analyst, computer programmer, software engineer or other similarly skilled worker in the computer field performing the duties described below; The employee’s primary duty must consist of:

1. The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications;
2. The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications;
3. The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or
4. A combination of the aforementioned duties, the performance of which requires the same level of skills.

It is therefore highly probable that the following classifications will meet exemption: network managers, LAN/WAN administrators, database administrators, web-site design and maintenance specialist, and systems support specialist. The following classification will probably not meet exemption: manufacture and repair or computer hardware and related equipment.

While the information listed above is typical of the kinds of problems we see it should only be based on your individual situation and job description.

If you need assistance in determining exemption status for your employees call us at 734 426.843

This e-newsletter does not represent itself in any manner as offering legal assistance to readers.

Training Events

HRCI Approved Upcoming Education

To maintain certification as an SPHR, HR professionals must dedicate 15 of their 60 total recertification hours to strategic management. Unlike general certification credits that focus on traditional HR functions, strategic HR focuses on advanced business planning. We are pleased to announce that Bee Tree Consulting, Ltd. has partnered with the HR Certification Institute to bring you a variety of NEW Michigan based strategic credit workshops in 2010.

These workshops include:

Business Metrics & Measurements: Strategic Thinking for the HR Professional

Explores ways to measure and maximize the strategic value of your workforce. (May 5, 2010)

Business Leadership for HR Professional

Defines the difference between leaders and manager and helps participants identify competencies, personal characteristics and business practices necessary to perform in an HR leadership role. (June 15, 2010)

The Changing Nature of Human Resources

Increases in health care costs, domestic safety and security issues, technology, legal compliance challenges, exporting and outsourcing concerns all challenged HR professional in the last decade. What will challenge us in the future? (September 7, 2010)

All classes are designed for Bachelor’s and Master’s level HR Professionals. Workshops will begin promptly at 8:15 am and end at 12:30. Participants will receive 4.0 strategic recertification credit hours per workshop. Because Michigan Works in Lansing has agreed to co-sponsor this event, we are able to economically price each workshop at $50.00. All workshops will be held at Capital Area Michigan Works, 2110 South Cedar Street, Lansing, MI 48910. Classes are filling fast.

Contact Carleen Neslon-Nesvig, SPHR for a registration form today. Metion the CAMW strategic training in the subject line.

Are you looking for specific training for yourself or your workforce, contact Carleen Nelson-Nesvig, SPHR or Marlo McCutcheon, SPHR.

Greater Lansing Community Announcement

Join us at the “Technology Tips to Grow Your Bottom Line” program. This program is part of the Lansing Regional Chamber Business Education Series:

• Thursday, April 29
• 11:30 a.m. – 1:30 p.m.
• Lansing Community College West Campus
• 5708 Cornerstone Drive, Lansing

Learn how cutting-edge technology, including social media, data security, remote training, managed services and VoIP can impact your bottom line and save your business money.

During this high-speed presentation, industry experts from the Capital Area IT Council will share their insight on the latest technological advances that are re-shaping the way we do business. Participants will walk away with valuable, actionable items they can implement before the ink dries on next quarter’s balance sheet.

In conjunction with:

Capital Area IT Council

http://www.capitalareaitcouncil.org/

Admission is $25 member $20 joint member $45 for non-members. To register, contact Sarah Smith at 517-853-6457 or events@lansingchamber.org.

The health care overhaul that President Barack Obama signed into law will mean big changes for many small businesses.

The health care reform package does not require employers to provide insurance coverage, but does penalize employers that don’t offer coverage; or don’t offer good enough coverage. The package also creates a tax for “some” employer sponsored coverage’s effective 2018.

The tax is expected to be 40% of the excess benefit of the plans that exceed the thresholds of $10,200 for individual coverage and $27,500 for family coverage. Stand alone dental and vision benefits are exempted from the law. Certain employers are allowed to make adjustments to their costs if they have higher costs because of their employee’s age or gender.

• Beginning in 2014, organizations with more than 50 employees that don’t offer affordable coverage will pay a penalty starting at $750 a year per full-time worker under the bill approved by the Senate and House of Representatives. A proposal approved separately by the House, which still requires Senate approval, would raise that penalty to $2,000.
• Employers with 50 or fewer employees would be exempt from
• these penalties, while organizations with more than 200 workers would be required to enroll workers automatically into health-insurance plans offered by the employer. Employees can opt out of these plans.
• The tax plan would impose a 10% tax on indoor training services. This tax, which replaced the proposed tax on cosmetic surgery, would be effective for services on or after 7/01/10.
• For tax years 2010 through 2013, organizations with no more than 25 employees and average annual wages of less than $50,000 that purchase health insurance for employees would receive a tax credit that phases out as firm size and average wage increase, according to a legislative summary from the Henry J. Kaiser Family Foundation.
• Beginning in 2014, eligible small businesses that purchase coverage through new state exchanges can also receive a tax credit for their contribution toward the employees’ health- insurance premium.
• A temporary program will be established for companies to provide early retirees (age 55-64), with reduced cost benefit premiums.
• The legislation calls for the creation of state-based exchanges through which individuals and small businesses can purchase health coverage.
• Insurers will now be required to reveal how much money is spent on overhead.
• Non-profit health care organizations (such as BCBS), would be required to maintain a medical loss ratio-money spent on procedures over money incoming-of 85% or higher to take advantage of the IRS tax benefits.
• Medicare payment protection will be extended to small rural hospitals and other health care facilities that have a small number of Medicare patients.
• Any new plan must now implement an appeal process for coverage determination and claims.
• Chain restaurants will be required to provide a “nutrient content disclosure statement” alongside their items. This means we will start seeing calories and content (protein, sugar, potassium levels etc.), listed on both menus and drive through boards.

Less than half of businesses with three to nine workers offered health insurance in 2009, according to the Kaiser Family Foundation. That figure climbed above 70% for companies with 10 to 24 employees and to nearly 90% for those with 25 to 49 workers. Kaiser also reported that companies with 50-199 employees reached 95%. By industry, manufacturing offered 80%, transportation/ communication/ utilities 74%, wholesale 74%, retail 53%, finance 56%, service 56%, state/local government 63% and healthcare 53%. How can this impact your organization? The law is also expected to:

• Limit annual contributions to health flexible spending accounts
• Require employers with more than 200 full-time employees that offer health benefit plans to automatically enroll employees in one of the plans they offer.
• Require some large employers to report their health insurance offerings on a return and the costs of employer-sponsored benefits on a W-2.
• Limit distribution for qualified medicines under flexible spending accounts, HSA’s, Archer MSA’s and HRA’s, to prescription drugs and insulin effective 2011.
• Increase taxes on distributions from HSA’s and Archer MSA’s that aren’t used for qualified medical expenses to 20% of the disbursed amount (effective 2011); and
• Provide certain employers with free “choice vouchers” to be used to purchase health care plans on an exchange.

HR professionals may want to start focusing on wellness programs. Employers may be able to offer premium discounts up to 30% for individuals who satisfy a “health standard”. Discrimination issues will certainly be a matter for attention. There is also the suggestion of grants being made available for up to 5 years to small employers to get these wellness programs off the ground. This could be the silver lining for employer and employee.

Remember, budget reconciliation on H.R. 3590 is still to come, so we all must wait to determine the final impact.

For additional information we strongly encourage you to attend the Public Policy Issues Series Webcasts Essential Training Tools for HR Professionals Health Care Reform – Leading Your Organization’s Response

http://www.shrm.org/multimedia/webcasts/Pages/legislativewebcast.aspx

This e-newsletter does not represent itself in any manner as offering legal assistance to readers.

Training Events

HRCI Approved Upcoming Education

To maintain certification as an SPHR, HR professionals must dedicate 15 of their 60 total recertification hours to strategic management. Unlike general certification credits that focus on traditional HR functions, strategic HR focuses on advanced business planning. We are pleased to announce that Bee Tree Consulting, Ltd.

News from Bee Tree Consulting, Ltd. Page 3 of 6has partnered with the HR Certification Institute to bring you a variety of NEW Michigan based strategic credit workshops in 2010.

These workshops include:

Ethics and Organizations: Exploring Ethical Practices and Principles for the HR Professional Includes discussion of organizational culture, value and how it relates to ethics in the workplace, the role of HR, business leaders and CEO, Sarbanes-Oxley, creating ethics policies and more. (April 6, 2010)

Business Metrics & Measurements: Strategic Thinking for the HR Professional Explores ways to measure and maximize the strategic value of your workforce. (May 5, 2010)

Business Leadership for HR Professional Defines the difference between leaders and manager and helps participants identify competencies, personal characteristics and business practices necessary to perform in an HR leadership role. (June 15, 2010)

The Changing Nature of Human Resources Increases in health care costs, domestic safety and security issues, technology, legal compliance challenges, exporting and outsourcing concerns all challenged HR professional in the last decade. What will challenge us in the future? (September 7, 2010)

All classes are designed for Bachelor’s and Master’s level HR Professionals. Workshops will begin promptly at 8:15 am and end at 12:30. Participants will receive 4.0 strategic recertification credit hours per workshop. Because Michigan Works in Lansing has agreed to co-sponsor this event, we are able to economically price each workshop at $50.00. All workshops will be held at Capital Area Michigan Works!, 2110 South Cedar Street, Lansing, MI 48910.

Classes are filling fast. Contact Carleen Neslon-Nesvig, SPHR for a registration form today. Metion the CAMW strategic training in the subject line.

Are you looking for specific training for yourself or your workforce, contact Carleen Nelson-Nesvig, SPHRor Marlo McCutcheon, SPHR.

Michigan’s Wellness Resource

Did you know the Michigan Health & Hospital Association (MHA) has partnered with the Small Business Association of Michigan (SBAM) to provide Michigan employers and the general public with the knowledge and tools necessary to build and promote employer and family wellness programs in order to improve community health one household, one employee and one child at a time? This joint effort is known as the Michigan’s Wellness Resource (MWR) .

According to the Michigan Department of Community Health’s Healthy Michigan 2010: A Health Status Report:

• Michigan ranks the third worst among the states for rate of obesity and has been among the ten heaviest states for the past 14 years.
• Sixty-two percent (62%) of adults in Michigan are considered either overweight or obese.
• About 1,800 Michiganians die annually from exposure to secondhand smoke.
• There are a total of over 16,000 tobacco-related deaths in Michigan each year.

MWR identifies that Michigan has grown to become one of the least healthy states in the nation. Employers, families and government all pay the price for the state’s high rates of obesity, tobacco use, diabetes and other chronic illnesses, many of which are preventable.

For an in-depth look at how your business can build a wellness program, review their sample toolkit (for employers of all sizes) that is part of a joint effort by the National Association of Manufacturers (NAM) and the MHA.

We are all aware of the Dr. Ron Davis Smoke-free Air Law that will take effect in Michigan on May 1, protecting residents and visitors from secondhand tobacco smoke in all restaurants, bars and businesses. The MWR also provides helpful links to resources available for smokers looking to quit. This law, along with health care reform, may be a great segue for improved health and lower health care costs in your workplace.

For more information, visit Michigan’s Wellness Resource.

Serving Your Workforce

Bee Tree is here to help you serve your workforce. We value our relationship with you, and continually search for ways to help you and your emplolyees. We welcome questions and concerns you are facing in today’s challenging economy.

Contact Information

Please feel free to contact us at any time:

• Carleen Nelson-Nesvig, SPHR President
• cnesvig@beetree.com
• 734.426.8439

The February issue of the Sting would not be complete without mentioning Valentine’s Day and our need as HR professionals to ensure the best possible environments for our workers. To this end we have included articles that we believe will best position organizations to meet the needs of workers by showing them that we care about who they are and what they do for us.

Knowledge Library Recommendations

Bee Tree Consulting would like to introduce you to two books that challenge organizations to stop looking at their workers as Human Capital and start looking at them as true partners.

For Human Resource Professionals that are looking for ways to add value to their organizations by leveraging their people for competitive success these books are a must read. Published in 2003 and 2006 there is nothing new about the concept of loving your workers. Just plain and simple principles that speak volumes and motivate us to be all that we can be.

HR from the Heart (Inspiring Stories and Strategies for Building the People Side of Great Business) by Libby Sartain with Martha I. Finney and What Happy Companies Know (How the New Science of Happiness Can Change Your Company for the Better) by Dan Baker, PH.D, Cathy Greenberg, PH.D. and Collins Hemingway, MA.

Both books offer down to earth, no nonsense and no holds barred advice about what it truly means to care about the people side of the business and the benefits that can be derived from this approach.

Employee Recognition Programs

If you haven’t yet considered this year’s recognition program it’s not too late to add a few items to your recognition tool kit. Employee Recognition programs have a long standing history of enhancing performance, improving morale, and building employee loyalty. The good news is they do not have to be expensive; the thought alone can be motivational.

Recognition Programs typically fall into the following categories:

• Attendance
• Performance
• Productivity
• Safety
• Sales
• Savings
• Service awards

Things to consider when introduces recognition programs:

• Goals should be challenging
• Reward should be available for everyone – not just sales and marketing personnel
• Rewards must have meaning and real value to the recipient
• Define criteria early on and communicate it to all concerned
• Get employee input throughout the process Here are some of the more popular recognition awards offered by organizations today.
• Time off – or an additional vacation day
• Dinner for two
• Breakfast, lunch or dinner with the CEO
• Gift certificates for DVD’s, CD’s books, restaurants

Communicate, Communicate, and Communicate

It is equally important to communicate the recipients success so others might better understand the organizations expectations of it’s workers. This can be done with a note or letter of appreciation from the CEO or president, a designated employee of the month parking spot, a photo or brief article in the company’s newsletter, special clothing that signifies the employees contribution.

Unpaid Family Leave Program not enough according President Obama President Obama believes that while the Family and Medical Leave Act allows workers to take job-protected time off unpaid; many families can’t afford to lose that paycheck.

To assist families with FMLA needs Obama’s budget proposal for fiscal year 2011 includes $50 million in grants for states that choose to launch paid family leave programs. Obama intends to create a fund within the Department of Labor to help states launch paid-leave programs to cover their start-up costs.

A few states have already approved paid family leave programs, including California, New Jersey, and Washington. The programs provide wage replacement for a set number of weeks and are funded by workers’ contributions.

Employees or Independent Contractors

The intentional and often unintentional misclassification of employees as independent contractors has been going on for some time. This practice deprives workers of overtime and unemployment benefits. Employers have used the practice to cut labor costs and save on taxes.

This month President Obama announced his intent to target employers who violate IRS regulations and has added $25 million to the federal budget proposal for fiscal year 2011 to seek and correct this illegal practice. The Department of Labor and Treasury Department are pursuing a joint proposal that eliminates incentives in law for employers to misclassify their employees and enhances the ability of both agencies to penalize employers who misclassify employees as Independent Contractors.

The additional funds would be used to hire additional enforcement personnel and to provide grants to states that are trying to curb the problem.

In general, two tests are used to determine whether a worker is an independent contractor or employee. One is the “reasonable basis”

News from Bee Tree Consulting, Ltd. Page 3 of 6test, which provides a “safe harbor” to employers based on existing government or court classifications of workers in a particular business or industry and was mandated by the Revenue Act of 1978 (P.L. 95-600, Sec. 530).

The second test is the “common law test.” To determine whether an individual is an employee or an independent contractor under the common law, the relationship of the worker and the business must be examined. In any employee-independent contractor determination, all information that provides evidence of the degree of control and the degree of independence must be considered. Facts that provide evidence of the degree of control and independence fall into three categories: behavioral control, financial control, and the type of relationship of the parties.

In addition, some workers who do not meet the reasonable basis or common-law tests for independent contractor status may still be classified as such by operation of law (i.e., statute).

For additional information about Independent Contractor status go to:

http://www.irs.gov/businesses/small/article/0,,id=99921,00.html

This e-newsletter does not represent itself in any manner as offering legal assistance to readers.

Training Events

HR-Exchange is available now! This educational tool is based on the concept of interactive group discussions, from the convenience of your office. These one hour conference calls will be filled with educational instruction in an informal style to encourage questions, debate and interaction by all participants. This is your opportunity to ask the tough questions and get straight answers.

Sessions may be purchased as standalone classes for $50.00 each or all sixteen classes for a reduced package rate of $690. Invite your HR Department into your office and participate as a team. The HR related laws series offers an excellent opportunity for HR professionals and Operations personnel to keep pace with ever changing laws. HR fundamentals provide a great foundation for newly appointed HR professionals, and those who would like to get more involved in project related matters. Through 2010 we will be adding addition HR-Exchange topics based on client needs.

Dates are provided below, and will be listed as a reminder in The Sting monthly.

Click here to request an enrollment form. Be sure to include HR-Exchange in the subject line.

News from Bee Tree Consulting, Ltd. Page 4 of 6 HR-Related Laws:  10 AM to 11 AM, 1st Thursday, March to November:

• American’s with Disabilities Act (ADA) – March 4th
• Civil Rights Act, Title VII and Civil Rights Act of 1991 – May 6th
• Consolidated Omnibus Budget Reconciliation Act (COBRA) – July 1st
• Fair Labor Standards Act (FLSA)- September 2nd
• Family Medical Leave Act (FMLA) – November 4th

HR Fundamentals: 10 AM to 11 AM, 2nd Tuesday, February to December

• Interviewing Skills – February 9nd
• Developing Behavioral Interviewing questions – March 9th
• Performance Management- April 13th
• The Fundamentals of Documentation – May 11th
• Disciple and Discharge – June 8th
• Preventing Harassment and Discrimination – July 13th
• What is the role of a Supervisor – August 10th
• Wage and Hour Overview – September 14th
• Situational Leader – October 12th
• What makes a Great Leader – November 9th
• Writing job descriptions – December 14th

Advanced level Human Resource Programs conducted by Carleen Nelson-Nesvig, SPHR and Marlo McCutcheon, SPHR are available at a variety of locations, times, and fees. Registration links are provided below.

Michigan Bankers Association Upcoming Education

• Dealing with Difficult People and Resolving Conflict
  • (MBA members only) April 21st 11:00-12:00
• Advanced Metrics
  • (MBA members only) April 21st

Please visit www.mibankers.com to sign up.

HRCI Approved Upcoming Education

From 2:00 – 3:00. For HR Professionals seeking general and/or strategic recertification points, the following offer an ideal opportunity to participate in activity based learning curriculum.

• Exploring Ethical Practices
  • Washtenaw Community College
  • www.wccnet.edu
  • February 18th 1:00-5:00 (strategic credit)
• News from Bee Tree Consulting, Ltd. Page 5 of 6 HR and Business Metrics
  • Washtenaw Community College
  • www.wccnet.edu
  • February 23rd, 3:00-7:00 (strategic credit)
• What is Strategic Human Resources?
  • Human Resource Management Association of Mid-Michigan
  • www.hrmamm.com
  • March 11th, 1:00-5:00 (strategic credit)
• HR and Workforce Planning
  • Washtenaw Community College
  • www.wccnet.edu
  • April 7th 1:00- 5:00 (general credit)
• What is Strategic Human Resources?
  • South Central Human Resource Management Association
  • www.schrma.org
  • April 22nd 8:00-12:00 (strategic credit)

Are you looking for specific training for yourself or your workforce, contact Carleen Nelson-Nesvig, SPHR or Marlo McCutcheon, SPHR.

The January issue of The Sting is intended to prepare HR professionals for some of the recent changes in laws and regulations for 2010 by offering snippets of these revisions. Readers are also encouraged to review the many web-based, community campus, MI Bankers Assoc. or SHRM affiliate training programs that Bee Tree will be offering over the next twelve months. If you do not see a program you would like please contact Carleen at cnesvig@beetree.com.

Recent Changes In Law Or Regulations

COBRA On December 19th, 2009, President Obama signed into law the Department of Defense Appropriations Act, 2019 (the Act) providing for the extension of COBRA subsidy that was originally enacted as part of the federal stimulus package. The Act extends the eligibility period through February 28, 2010, and also extends the maximum period of subsidized coverage from nine months to fifteen months. The Act requires the plan administrators provide notice to affected individuals as early as January 29, 2010. Employers must act quickly to ensure compliance.

GINA On November 21, 2009, the Genetic Information Nondiscrimination Act (GINA) of 2008 which was signed into law on May 21, 2008, went into effect. This Act is intended to prevent employers from discriminating against individuals based on genetic tests and information. GINA requires covered entities obtain and post notices informing covered individuals of their rights under the law. The following employers are affected:

• All private employers with 15 or more employees
• Certain public sector employees
• Employment agencies and labor organizations

The Equal Employment Opportunity Commission (EEOC) has just been updated to include information about GINA. This can be found at http://www.eeoc.gov/

NEW FORM I-9 The new form I-9 for employment eligibility verification contains an updated list of acceptable documents employees must present upon hiring. The purpose of this form is to document that new employees – both citizen and noncitizen – are eligible to work in the United States. Within three days of hire, all employees must complete the form and provide documents establishing identity and employment authorization. This form can be found at http://www.uscis.gov/files/form/i-9.pdf

This e-newsletter does not represent itself in any manner as offering legal assistance to readers.

Training Events

Beginning next month Bee Tree is kicking off a new interactive learning platform called HR-Exchange. This educational tool is based on the concept of interactive group discussions, from the convenience of your office. These one hour conference calls will be filled with educational instruction in an informal style to encourage questions, debate and interaction by all participants. This is your opportunity to ask the tough questions and get straight answers.

Sessions may be purchased as standalone classes for $50.00 each or all sixteen classes for a reduced package rate of $690. Invite your HR Department into your office and participate as a team. The HR related laws series offers an excellent opportunity for HR professionals and Operations personnel to keep pace with ever changing laws. HR fundamentals provide a great foundation for newly appointed HR professionals, and those who would like to get more involved in project related matters. Through 2010 we will be adding addition HR-Exchange topics based on client needs.

Dates are provided below, and will be listed as a reminder in The Sting monthly. Click here to request an enrollment form.

HR-Related Laws: 10AM to 11AM, 1st Thursday, March to December:

• American’s with Disabilities Act (ADA) – March 4th
• Civil Rights Act, Title VII and Civil Rights Act of 1991 – May 6th
• Consolidated Omnibus Budget Reconciliation Act (COBRA) – July 1st
• News from Bee Tree Consulting, Ltd. Page 2 of 5Fair Labor Standards Act (FLSA) – September 2nd
• Family Medical Leave Act (FMLA) – November 4th
• HR Fundamentals: 10 to 11 am 2nd Tuesday February to December
• Interviewing Skills – February 2nd
• Developing Behavioral Interviewing questions – March 9th
• Performance Management- April 13th
• The Fundamentals of Documentation – May 11th
• Disciple and Discharge – June 15th
• Preventing Harassment and Discrimination – July 13th
• What is the role of a Supervisor – August 10th
• Wage and Hour Overview – September 14th
• Situational Leader – October 12th
• What makes a Great Leader – November 9th
• Writing job descriptions – December 14th

As a thank you for your business, we are offering the first Ed- Exchange event free. Completed registration form is required. Click here to register.

Advanced level Human Resource Programs conducted by Carleen Nelson-Nesvig, SPHR and Marlo McCutcheon, SPHR are available at a variety of locations, times, and fees. Registration links are provided below.

Michigan Bankers Association Upcoming Education:

• Dealing with Difficult People and Resolving Conflict
  • (MBA members only) April 21st 11:00-12:00
• Advanced Metrics
  • (MBA members only) April 21st 2:00 – 3:00

Please visit www.mibankers.com to sign up.

HRCI Approved Upcoming Education

For HR Professionals seeking general and/or strategic recertification points, the following offer an ideal opportunity to participate in activity based learning curriculum.

• Exploring Ethical Practices
  • Washtenaw Community College
  • www.wccnet.edu
  • February 18th 1:00-5:00 (strategic credit)
• HR and Business Metrics
  • News from Bee Tree Consulting, Ltd. Page 3 of 5
  • Washtenaw Community College
  • www.wccnet.edu
  • February 23rd, 3:00-7:00 (strategic credit)
• What is Strategic Human Resources?
  • Human Resource Management Association of Mid-Michigan
  • www.hrmamm.com
  • March 11th, 1:00-5:00 (strategic credit)
• HR and Workforce Planning
  • Washtenaw Community College
  • www.wccnet.edu
  • April 7th 1:00-5:00 (general credit)
• What is Strategic Human Resources?
  • South Central Human Resource Management Association
  • www.schrma.org
  • April 22nd 8:00-12:00 (strategic credit)

Are you looking for specific training for yourself or your workforce, contact Carleen Nelson-Nesvig, SPHR or Marlo McCutcheon, SPHR.

Ask the Expert

Question: Can I deduct wages from the salaries of exempt employees?

According to DOL regulations an employee is considered to be paid on a salary basis if s/he regularly received each pay period a predetermined amount – currently at least $455 per week. With rare exception exempt employees may not be paid by the hour. An exempt employee’s wages cannot be subject to reduction because of a variation in quality or quantity of work performed. The exempt employee must receive his/her full salary regardless of the number of days or hours s/he works in any given week with the following exceptions:

• The employee is absent from work for one or more full days for personal reasons, other than sickness or disability.
• The employee is absent from work for one or more full days for sickness or disability (including work-related accidents) and the deductions are in accordance with a bona-fide practice or plan such as short-term disability for loss of wages.
• Employer imposes penalties in good faith for infractions of safety rules of major significance.
• Employer imposes penalties in good faith, of unpaid suspensions of one or more full days for certain infractions of workforce conduct rules.
• The employee takes Family Medical Leave.
• The employee is absent the entire workweek or performs no work during an entire work-week.

Question: Should bonuses be considered as part of wages for purposes of paying overtime?

Unless bonuses are discretionary, meaning that the bonus is based on no objective criteria, they must be included as wages prior to calculating overtime. An example of a discretionary bonus might be a president’s award.

A non-discretionary bonus is paid routinely and/or based on objective criteria such as performance or Christmas bonuses.

For an overview of the Fair Labor Standards Act, compliance assistance material, fact sheets and e-tolls, log onto www.dol.gov/compliance/laws/comp-flsa.htm.

Should you need assistance with compensation practices in your workplace please contact Carleen Nelson-Nesvig, SPHR or Marlo McCutcheon, SPHR.

This e-newsletter does not represent itself in any manner as offering legal assistance to readers.

Serving Your Workforce

Bee Tree is here to help you serve your workforce. We value our relationship with you, and continually search for ways to help you and your employees. We welcome questions and concerns you are facing in today’s challenging economy.