Pursuant to Executive Order 13496 and its implementing regulations, 29 C.F.R. Part 471, Federal contractors and subcontractors, beginning on June 21, 2010, must notify employees about their rights under the National Labor Relations Act (NLRA). The NLRA is the primary law governing relations between unions and employers in the private sector, and guarantees the right of employees to organize and to bargain collectively with their employers, and to engage in other protected concerted activity with or without a union, or to refrain from all such activity. Additionally, Federal contracts and subcontracts must include a provision requiring Federal contractors and subcontractors to post the notice.

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.

Continue reading →

Can employers fire workers who test positive for marijuana, even if those employees are using it with a doctor’s prescription?

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.

Continue reading →

This month’s issue of the Sting deals with the thorny topic of employee behavior and how to handle what I refer to as the 3 D’s – Documentation, Discipline and Discharge. Do we discipline? How much do we discipline and when do we discharge? Of course these questions only set off an entirely new list of questions. The first question to ask is: Was this behavior chronic or a one-time event? Was it sever? If the event was not severe – chances are this can be resolved easily with a simple conversation and ongoing support. If severe such as insubordination, workplace violence or drug use it is time to act with punishment that may also seem severe in nature but necessary to protect the employer and its employees. Chronic meaning repetitive or long term behavior that has been addressed in the past is both time consuming and expensive.

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.

Continue reading →

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?

Continue reading →

The good news is that organizations are just starting to hire again and are being more cautious about whom they will interview and what they will ask. My money has always been on behaviorally related questions and sticking to the job description for my “qualified occupational” questions but I do veer off consistently with some very open ended and telling questions that are not part of the job description.

“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.

Continue reading →