HR Toolkit

HR TOOLKIT

TABLE OF CONTENTS 04.......................................Intro to Training and Development 10........................................HR Laws

Age Discrimination in Employment Act (ADEA) of 1967

Americans with Disabilities Act (ADA)

Civil Rights Act (Elliott-Larsen)

Employee Polygraph Protection Act

Family and Medical Leave Act

GINA MIOSHA

Fair Labor Standards Act – Safe Harbor Policy

Social Security Mismatch

USERRA – Military

W2 vs. 1099

Workers’ Compensation

24.......................................Company Practices and Policies

At Will Employment

Employment Agreements

Confidentiality, Non-Compete and Non-Solicitation Agreements

Employee Handbooks

Internet and Social Media

Holidays

Time Keeping Policies

29.......................................Performance Appraisals

Instructions for Using the Appraisal Form

Sample Performance Appraisal

29.......................................Background Checks 29.......................................Affordable Care Act

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HR FUNCTION - THE BIG PICTURE Talent Management Employee Recruitment and Selection Creating Organizational Roles

Interviews

Job Descriptions

Selection and Placement

Assessments

Employee Retention & Engagement On boarding

Training and Development

Compensation and Benefits

Career and Succession Planning

Performance Management

Employee Separation

Human Resources Policies and Procedures HR Strategy

HR Tools

HR Policy

HR Training, Education and Certifications

HR Rules and Regulations

INTRO TO TRAINING AND DEVELOPMENT

Provided is an outline describing the basic Training and Development Function and Process. A number of resources are cited at the end for further reference and additional information.

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WHAT IS TRAINING AND WHY IS IT IMPORTANT? Training and development is an important management function. Research shows that investment in training is related to profitability and shareholder earnings. Training refers to the transfer of knowledge and skills to employees so that they can perform the job well. Development refers to the transfer of new knowledge and skills to employees that can help them grow personally or professionally in their jobs and careers.

• Training is essential to “upgrade” employees and help them stay current in the ever changing economy.

Employees who are up to date in their knowledge and skills are more likely to be kept on in the event of downsizing, or even if they are let go, they find it easier to seek jobs outside than those who are not trained and become redundant • It helps to motivate employees, • Helps to develop employees, who can be rotated through different jobs to multi-task, • Can help in employee retention by offering them different options at work, • Helps in creating a succession plan, by helping subordinates acquire skills for higher level positions.

TRAINING STRATEGY AND POLICY For training to be successful, the organization needs to put in place a training strategy. The strategy has to be related to the overall Human Resources strategy and the business strategy, vision, mission and goals of the organization. This way it needs to be related to the overall business. The strategy has the following elements: • How is the training strategy related to the overall business vision, mission and goals?

• What is the overall Human Resources strategy, the strategic talent management process?

• What are the different levels at which employees need to be trained?

• What is the training budget?

• What training is mandatory for what level?

• The training policy is a document that would reflect the strategy, as well as the legal and other compliance issues • The training policy should be related to the general HR policy, performance management system, talent management and other critical HR functions.

WHO IS RESPONSIBLE FOR TRAINING? Training is not the job of only “training managers”. While many companies employ training managers to ensure the implementation of the training process, the responsibility of training lies with everyone- supervisors, managers, HR managers, Training managers, business leaders and the employees themselves. Each role is a stakeholder in training. And everyone benefits from training.

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THE TRAINING PROCESS The most well-known model to describe the training process or training cycle is the ADDIE Model. ADDIE model is used extensively in the instructional systems design.

The following flowchart represents the ADDIE model.

Needs Analysis → Design Training → Develop Training → Implement Training → Evaluate training Analysis of Training Needs: This answers the question who should be trained and on what? It begins with the analysis of the gap in the desired and actual performance. What is the gap in the existing knowledge and skill levels? The individuals and groups are then assessed on the required competencies for that job/ role. Assessment can be done in a number of ways• Performance analysis, • Supervisor/ manager feedback, • Questionnaires, tests, surveys, interviews, etc.

Analysis of the needs will yield information on what training and non- training interventions can be implemented to improve performance.

Training needs analysis will yield the following important inputs for training design: • What are the characteristics and needs of the learners?

• What learning objectives can be defined keeping in mind the adult learning theories?

• Defining the training goals and learning objectives and in what domains?

Designing the Training: After the training needs are analyzed and requirements articulated, next step is to design the training; It involves the following: • Define the learning objectives of the training • What kind of training is required: Should it be class room training, on-line, computer based, blended?

• What are the resources available to create the training?

• Who will design the training? Who will build the contents?

• Who will deliver the training?

• Who are the identified Subject Matter experts? Will they design/ deliver training or both?

• Will it be in-house or outsourced or a mix of both? Factors that affect these decisions could be- the training strategy, policy, costs, urgency, etc.

• What parts will be in-house and what would be outsourced?

• Training design also has to do with creating a prototype of the training • Design phase also has considerations such as training materials, contents, calendars, schedules, etc.

Develop the training: Training development refers to creating the training material/ training course This refers to the following: • What content needs to be covered in the training?

• Who should be developing what part of the training?

• Keeping in mind adult learning theories and learning styles and other considerations, what are the different ways to deliver the content?

• What activities should the participants do as a part of training?

• Do these relate to the learning objectives?

• How would learning be assessed at the end of the training?

• Develop some formative evaluation tools- formative evaluation refers to the “beta testing” of the training.

Do you have a pilot? If not, how will you modify training content, method, etc based on feedback or job performance?

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Implement the training: This refers to the actual training delivery. Depending on the schedule training is delivered to the intended audience. It is delivered as per the design- either online or in class or in blended format. Training implementation has the following elements: • Scheduling the training • Registration of participants • Venue booking • Organization of the training • Collecting formative evaluations and feedback Evaluate training: The end goal of training is to improve performance, or overcome the gap that was analyzed during the needs analysis phase. Training evaluation is a critical step in the training process. Training evaluation can happen at the formative level or summative level.

• Formative evaluation- this is an ongoing evaluation based on feedback. Depending on the feedback modifications can be made to the content, design, delivery, elements of the training.

• Summative evaluation: After the training design is frozen following the formative evaluation, and training is delivered as per the final design, the evaluation of this training is the summative evaluation.

The most commonly followed training evaluation model is the one given by Kirkpatrick. It consists of the following levels: Level 1: Reaction- Feedback on training: this is the immediate feedback on training. The “smiley sheets” is an instance of level 1 feedback. It gives data on what the participants thought about the training, whether they liked it or disliked it, what part of the training did they find useful and what was not, how was the general atmosphere of training. Suggestions for further improvement can be elicited from participants.

Level 2: Learning- Evaluating gains in Knowledge: This level relates to how much the participants learnt during the training? Level 2 evaluations can be done through testing. Assessing participants before and after the training will yield data on how much knowledge the participants gain during training Level 3: Behavior- Application on the job- This refers to whether the participant actually applies the learning on the job. It refers to transferring of skills and knowledge to the job situation. It also refers to the attitude and behavioral changes that may be needed to apply the skills on the job. Observation, interviews and other methods can yield data on Level 3 evaluation Level 4: Results- Improve performance on the defined criteria- Does the application on the job yield better results in terms of performance? For example, does the employee show improvement in quality?

Are errors reduced? Is there a positive feedback from customers? Etc. Returns on Investment (ROI) on training: Going a step further from the original Kirkpatrick model is to measure the ROI on training. What is the cost- benefit analysis of training? One consideration that ROI calculations also need to include is the cost of NOT training.

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MISCELLANEOUS The following section briefly touches upon many different facets of the training function Training Domains: The following are the main domains in training: • Leadership Development training • Management Development Training • Behavioral Training- refers to a class of personal development, interpersonal skills development training • Technical Training • Safety Training • Quality Training • Training in a particular domain- like IT training, HR training, etc Methods of Training: • On the job training • Class room Training • Computer based training • On-line Training/ Web based training- can be instructor led or not instructor led; can be self-paced or same time • Distance Learning – can be based on computers or could use print media or audio-visual content • Simulation Training • Blended Training- Training delivered in a combination of different formats • Train the Trainer programs Some important roles in Training and Development: Training and Development is a vast field and a growing field and employees in the training function can have different titles and positions. Here are some examples of different training and development roles • Training Managers • Training Supervisors • Training Coordinators • Training Administrators • Training Facilitators • Subject Matter Experts • Instructional Designers • Content developers • Facilities Managers Training Competencies: As seen above, there are many different roles involved in training and development. ASTD has defined a new competency model as shown here: Follow the url for more details on the model: http://www.astd.org/Certification/Competency-Model Training and Development Education: Undergraduate, Graduate and Certificate programs in Training and Development can be related to different streams in different universities • Education • Human Resource Management • Psychology In Michigan Oakland University has a Masters in Training and Development, others have a papers in Training and Development as a part of a Masters course.

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Even if one does not have a degree in Training and Development, there are many certificates available to gain competence in any domain of training given by private and government organizations. However, to become successful in training one has to have many of the competencies represented in the model above, depending on what domain of training one may want to work in.

Other related fields: There are many other fields related to improving performance at work. There may be some elements of training in these fields.

Performance Improvement- the focus is on finding the root causes of performance related issues, and implement training or non- training interventions to address the problems.

Training is ONE of the many different interventions that can help address performance issues.

Organizational Development- A sub field of Organizational Psychology, the focus is on organizational structures, culture, relations and interventions address groups and group dynamics Training Related Websites: www.astd.org - American Society for Training and Development is the largest association of Training and Development professionals world-wide. ASTD offers courses and certificates for members and non-members. There are communities of practice, and conferences. www.detroitastd.org - The Detroit Chapter of ASTD. Chapter holds meetings every month and provides excellent opportunities for networking and education www.trainingmag.com - magazine devoted to training and workforce development www.michiganworks.org - To support Michigan’s talent development system http://www.cipd.co.uk/cipd-hr-profession/about-us/default.aspx - World’s largest charted HR and developmental professionals This document is created by Dr. Swati Karve, Fouder, Arcturus Global Consulting. She teaches Psychology and Management courses at undergraduate and graduate levels. She has taught Training and Development for MBA students, and would be teaching Training and Development at UD Mercy at the Masters level this Fall. She offers training and consultancy services to organizations and community. A member of the national ASTD, she serves on the board of Detroit ASTD chapter. She offers training in different areas including consulting in training process, as well as train the trainer programs. For any training related needs, you may contact her at skarve@arcturusglobalconsulting.com

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HR LAWS

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Age Discrimination in Employment Act (ADEA) of 1967 The ADEA, enforced by the Equal Employment Opportunity Commission, protects persons 40 years of age or older from employment discrimination based on age. The Act protects employees as well as applicants and applies to employers with 20 or more employees. This Act has been amended by the Older Workers Benefit Protection Act and the Civil Rights Act of 1991.

Facts about age discrimination and a copy of the legislation, as amended, can be accessed at www.eeoc.gov and click on Age for more information on ADEA.

Americans with Disability Act (ADA) The Americans with Disabilities Act (ADA), as amended, protects individuals with disabilities in the areas of employment, transportation, public accommodations, public services (state and local) and telecommunications. A disabled person is “considered to have a physical or mental impairment that limits one or more major life activities, has a record of such an impairment or is regarded as having such an impairment.” People who have associations or relationships with individuals with disabilities may also be covered by this Act. The act prohibits discrimination by employers against covered individuals and subjects employers to providing reasonable accommodations to employees with disabilities.

To learn more about how you can ensure compliance with the American and Disabilities Act, click here.

Civil Rights Act (Elliott-Larsen) Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex or national origin and prohibits retaliation against a person who makes a complaint. Enforced by the Equal Employment Opportunity Commission (EEOC) and by state agencies in states which have comparable civil rights laws, Title VII applies to employers with 15 or more employees and requires the display of a poster explaining rights under the Act. Elliott-Larsen Civil Rights Act was passed in the State of Michigan “to define civil rights; to prohibit discriminatory practices, policies, and customs in the exercise of those rights based upon religion, race, color, national origin, age, sex, height, weight, familial status, or marital status; to preserve the confidentiality of records regarding arrest, detention, or other disposition in which a conviction does not result; to prescribe the powers and duties of the civil rights commission and the department of civil rights; to provide remedies and penalties; to provide for fees; and to repeal certain acts and parts of acts.” This Act is more stringent than the Federal Law and therefore supersedes the Federal Law. Q & A on Title VII and a display poster are available at www.eeoc.gov/facts/qanda.html A copy of the legislation, as amended, can be accessed at www.eeoc.gov/policy/ More information on the MI Elliott-Larsen Act can be found at: www.michigan.gov/documents/act_453_elliott_larsen_8772_7.pdf www.legislature.mi.gov/documents/mcl/pdf/mcl-Act-453-of-1976.pdf

Employee Polygraph Protection Act The Employee Polygraph Protection Act of 1988 (EPPA) generally prevents employers from using lie detector tests, either for pre-employment screening or during the course of employment, with certain exemptions. Employers generally may not require or request any employee or job applicant to take a lie detector test, or discharge, discipline or discriminate against an employee or job applicant for refusing to take a test or for exercising other rights under the Act. In addition, employers are required to display the EPPA poster in the workplace for their employees.

The Employment Standards Administration’s Wage and Hour Division (WHD) within the U.S. Department of Labor (DOL) enforces the EPPA. For more information, visit www.dol.gov/compliance/laws/comp-eppa.htm.

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FAMILY AND MEDICAL LEAVE ACT The Family and Medical Leave Act (FMLA), as amended, became effective on August 5, 1993. The FMLA is designed to help employees balance their work and family responsibilities by taking reasonable unpaid leave for certain family and medical reasons. It also seeks to accommodate the legitimate interests of employers, and promotes equal employment opportunity for men and women.

The FMLA generally entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons.

The FLMA, in most circumstances, requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to “eligible” employees for certain family and medical reasons. Employees are eligible if they have worked for their employer for at least one year, and for 1,250 hours over the previous 12 months, and if there are at least 50 employees within 75 miles.

To view the FMLA poster, visit www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf

FMLA Frequently Asked Questions How much leave is an employee entitled to under FMLA? If you are an “eligible” employee, you are entitled to 12 weeks of leave for certain family and medical reasons during a 12-month period.

How is the 12-month period calculated under FMLA? Employers may select one of four options for determining the 12-month period: 1. The calendar year 2. Any fixed 12-month “leave year” such as a fiscal year, a year required by state law, or a year starting on the employee’s “anniversary” date 3. The 12-month period measured forward from the date any employee’s first FMLA leave begins 4. A “rolling” 12-month period measured backward from the date an employee uses FMLA leave.

The “rolling” 12-month period is most commonly used by employers. The other methods allow for employees to “stack” 12week FMLA periods on top of each other and/or require the employer to submit additional notification if a leave continues into the next 12-month leave period.

Does the Law guarantee paid time off?

No. The FMLA only requires unpaid leave. However, the law permits an employee to elect, or the employer to require the employee, to use accrued paid leave, such as vacation or sick leave, for some or all of the FMLA leave period. When paid leave is substituted for unpaid FMLA leave, it may be counted against the 12-week FMLA leave entitlement if the employee is properly notified of the designation when the leave begins.

Which employees are eligible to take FMLA leave?

Employees are eligible to take FMLA leave if they have worked for their employer for at least 12 months, and have worked for at least 1,250 hours over the previous 12 months, and work at a location where at least 50 employees are employed by the employer within 75 miles.

Does workers’ compensation leave count against an employee’s FMLA leave entitlement?

It can. FMLA leave and workers’ compensation leave can run together, provided the reason for the absence is due to a qualifying serious illness or injury and the employer properly notifies the employee in writing that the leave will be counted as FMLA leave.

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Can the employer count leave taken due to pregnancy complications against the 12 weeks of FMLA leave for the birth and care of an employee’s child?

Yes. An eligible employee is entitled to a total of 12 weeks of FMLA leave in a 12-month period. If the employee has to use some of that leave for another reason, including a difficult pregnancy, it may be counted as part of the 12-week FMLA leave entitlement.

Can the employer count time on maternity leave or pregnancy disability as FMLA leave?

Yes. Pregnancy disability leave or maternity leave for the birth of a child would be considered qualifying FMLA leave for a serious health condition and may be counted in the 12 weeks of leave so long as the employer properly notifies the employee in writing of the designation.

If an employer fails to tell employees that the leave is FMLA leave, can the employer count the time they have already been off against the 12 weeks of FMLA leave?

In most situations, the employer cannot count leave as FMLA leave retroactively. Remember, the employee must be notified in writing that an absence is being designated as FMLA leave. If the employer was not aware of the reason for the leave, leave may be designated as FMLA leave retroactively only while the leave is in progress or within two business days of the employee’s return to work.

Who is considered an immediate “family member” for purposes of taking FMLA leave?

An employee’s spouse, children (son or daughter), and parents are immediate family members for purposes of FMLA. The term “parent” does not include a parent “in-law”. The terms son or daughter do not include individuals age 18 or over unless they are “incapable of self-care” because of mental or physical disability that limits one or more of the “major life activities” as those terms are defined in regulations issued by the Equal Employment Opportunity Commission (EEOC) under the Americans With Disabilities Act (ADA).

Can employees take FMLA leave for visits to a physical therapist, if their doctor prescribes the therapy?

Yes. FMLA permits employees to take leave to receive “continuing treatment by a health care provider,” which can include recurring absences for therapy treatments such as those ordered by a doctor for physical therapy after a hospital stay or for treatment of severe arthritis.

Do the 12 months of service with the employer have to be continuous or consecutive?

No. The 12 months do not have to be continuous or consecutive; all time worked for the employer is counted.

Do the 1,250 hours include paid leave time or other absences from work?

No. The 1,250 hours include only those hours actually worked for the employer. Paid leave and unpaid leave, including FMLA leave, are not included.

How do employees determine if they have worked 1,250 hours in a 12-month period?

Employees individual record of hours worked would be used to determine whether 1,250 hours had been worked in the 12 months prior to the commencement of FMLA leave. As a rule of thumb, the following may be helpful for estimating whether this test for eligibility has been met; • 24 hours worked in each of the 52 weeks of the year; or • over 104 hours worked in each of the 12 months of the year; or • 40 hours worked per week for more than 31 weeks (over seven months) of the year.

Do employees have to give their employer any medical records for leave due to a serious health condition?

No. Employees do not have to provide medical records. The employer may, however, request that, for any leave taken due to a serious health condition, employees provide a medical certification confirming that a serious health condition exists.

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Can employers require employees to return to work before they exhaust their leave?

Subject to certain limitations, employers may deny the continuation of FMLA leave due to a serious health condition if employees fail to fulfill any obligations to provide supporting medical certification. The employer may not, however, require employees to return to work early by offering them a light duty assignment.

Can employers make inquiries about employee’s leave during my absence?

Yes, but only to the employee. Employers may ask employees questions to confirm whether the leave needed or being taken qualifies for FMLA purposes, and may require periodic reports on the employee’s status and intent to return to work after leave. Also, if the employer wishes to obtain another opinion, the employee may be required to obtain additional medical certification at the employer’s expense, or recertification during a period of FMLA leave. The employer may have a health care provider representing the employer contact the employee’s health care provider, with the employee’s permission, to clarify information in the medical certification or to confirm that it was provided by the health care provider. The inquiry may not seek additional information regarding the employee’s health condition or that of a family member.

Can employers refuse to grant employees FMLA leave?

If employees are “eligible” and have met the FMLA’s notice and certification requirements (and have not exhausted their FMLA leave entitlement for the year), employees may not be denied FMLA leave.

Will an employee lose their job if they take FMLA leave?

Generally, no. It is unlawful for any employer to interfere with or restrain or deny the exercise of any right provided under this law. Employers cannot use the taking of FMLA leave as a negative factor in employment actions, such as hiring, promotions or disciplinary actions; nor can FMLA leave be counted under “no fault” attendance policies. Under limited circumstances, an employer may deny reinstatement to work - but not the use of FMLA leave - to certain highly-paid, salaried (“key”) employees.

Are there other circumstances in which an employer can deny an employee FMLA leave or reinstatement to their job?

In addition to denying reinstatement in certain circumstances to “key” employees, employers are not required to continue FMLA benefits or reinstate employees who would have been laid off or otherwise had their employment terminated had they continued to work during the FMLA leave period as, for example, due to a general layoff.

Employees who give unequivocal notice that they do not intend to return to work lose their entitlement to FMLA leave.

Employees who are unable to return to work and have exhausted their 12 weeks of FMLA leave in the designated “12 month period” no longer have FMLA protections of leave or job restoration.

Nevertheless, in certain situations, an extended leave of absence might be required for employees who exhaust FMLA time as a reasonable accommodation under the Americans With Disabilities Act (“ADA”).

Under certain circumstances, employers who advise employees experiencing a serious health condition that they will require a medical certificate of fitness for duty to return to work may deny reinstatement to an employee who fails to provide the certification, or may delay reinstatement until the certification is submitted.

Can an employer fire an employee for complaining about a violation of FMLA? No. Nor can the employer take any other adverse employment action on this basis. It is unlawful for any employer to discharge or otherwise discriminate against an employee for opposing a practice made unlawful under FMLA.

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Employer Notifications, Notice and Certification Employer Notifications Following is a summary of the major employee notifications an employer is required to make in various circumstances under FMLA • Post FMLA poster Resource: www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf Covered employers must post a notice approved by the Secretary of Labor explaining rights and responsibilities under FMLA. An employer that willfully violates this posting requirement may be subject to a fine of up to $100 for each separate offense.

• Provide a specific written notice when employee requests FMLA leave located at http://www.dol.gov/ whd/forms/WH-381.pdf Covered employers must inform employees of their rights and responsibilities under FMLA, including giving specific written information on what is required of the employee and what might happen in certain circumstances, such as if the employee fails to return to work after FMLA leave.

• Notify employees of change in method to measure 12-month period for FMLA leave • Revise employee handbook • Update collective bargaining agreement

Employee Notice and Certification Employees seeking to use FMLA leave are required to provide 30-day advance notice of the need to take FMLA leave when the need is foreseeable. Employers may also require employees to provide: • medical certification supporting the need for leave due to a serious health condition affecting the employee or an immediate family member; • second or third medical opinions (at the employer’s expense) and periodic recertification; and • periodic reports during FMLA leave regarding the employee’s status and intent to return to work.

Notice and certification forms can be accessed at: • Certification of Qualifying Exigency For Military Family Leave • Certification of Health Care Provider for Employee’s Serious Health Condition • Certification of Health Care Provider for Family Member’s Serious Health Condition When intermittent leave is needed to care for an immediate family member or the employee’s own illness, and is for planned medical treatment, the employee must try to schedule treatment so as not to unduly disrupt the employer’s operation.

Reasons for Employees to Utilize FMLA The following is a list of reasons for employees to utilize FMLA, if the reason for leave falls into one of these areas, and the employee is an eligible employee, the employee is entitled to the benefits of FMLA leave. A covered employer must grant an eligible employee up to a total of 12 work weeks of unpaid leave during any 12-month period for one or more of the following reasons: • For the birth and care of the newborn child of the employee.

• For placement with the employee of a son or daughter for adoption or foster care.

• To care for an immediate family member (spouse, child or parent, but not parent-in-law) with a serious health condition.

• To take medical leave when the employee is unable to work because of a serious health condition.

• For a qualifying exigency arising out of the fact that an employee’s spouse, child, or parent is a service member on active duty, or has been notified of an impending call or order to active duty;

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Covered employers must provide eligible employees up to 26 weeks of leave during a 12-month period to: • Care for a service member or veteran with a serious injury or illness if the employee is the spouse, child, parent, or next of kin of the service member.

Spouses employed by the same employer are jointly entitled to a combined total of 12 work-weeks of family leave for the birth and care of the newborn child, for placement of a child for adoption or foster care, and to care for a parent who has a serious health condition.

Leave for birth and care, or placement for adoption or foster care must conclude within 12 months of the birth or placement.

Under some circumstances, employees may take FMLA leave intermittently — which means taking leave in blocks of time, or by reducing their normal weekly or daily work schedule.

• If FMLA leave is for birth and care or placement for adoption or foster care, use of intermittent leave is subject to the employer’s approval.

• FMLA leave may be taken intermittently whenever medically necessary to care for a seriously ill family member, or because the employee is seriously ill and unable to work.

Also, subject to certain conditions, employees or employers may choose to use accrued paid leave (such as sick or vacation leave) to cover some or all of the FMLA leave

Serious Health Condition Definition “Serious health condition” means an illness, injury, impairment, or physical or mental condition that involves either: • Any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical-care facility, and any period of incapacity or subsequent treatment in connection with such inpatient care; or • A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities) requiring absence of more than three calendar days and also involving continuing treatment by (or under supervision of) a health care provider; or • Pregnancy or prenatal care. A visit to the health care provider is not necessary for each absence; or • A chronic serious health condition which continues over an extended period of time, requires periodic visits to a health care provider, and may involve occasional episodes of incapacity (e.g., asthma, diabetes). A visit to a health care provider is not necessary for each absence; or • A permanent or long-term condition for which treatment may not be effective (e.g., Alzheimer’s, a severe stroke, terminal cancer). Only supervision by a health care provider is required, rather than active treatment; or • Any absences to receive multiple treatments for restorative surgery or for a condition which would likely result in a period of incapacity of more than three days if not treated (e.g., chemotherapy or radiation treatments for cancer).

The FMLA definitions of “serious injury or illness” for current service members and veterans are distinct from the FMLA definition of “serious health condition.” The “serious injury or illness” definition can be located at 29 CFR 825.127.

“Health care provider” means: Any health care provider recognized by the employer or the employer’s group health plan benefits manager.

• Doctors of medicine or osteopathy authorized to practice medicine or surgery by the state in which the doctors practice; or • Podiatrists, dentists, clinical psychologists, optometrists and chiropractors authorized to practice, and performing within the scope of their practice, under state law; or • Nurse practitioners, nurse-midwives and clinical social workers authorized to practice, and performing within the scope of their practice, as defined under state law; or

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• Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts.

• Any health care provider recognized by the employer or the employer’s group health plan’s benefits manager; and • A health care provider listed above who practices in a country other than the United States and who is authorized to practice under the laws of that country.

Intermittent Leave, Maintenance of Health Benefits, and Other Resources Intermittent Leave Employees may take FMLA leave intermittently or on a reduced leave scheduled (that is, in blocks of time less than the full amount of the entitlement) when medically necessary or when the leave is due to a qualifying exigency. Taking intermittent leave for the placement for adoption or foster care of a child is subject to the employer’s approval. Intermittent leave taken for the birth of a child is also subject to the employer’s approval. However, employer approval is not required for intermittent or reduced schedule leave that is medically necessary due to pregnancy, a serious health condition, or the serious illness or injury of a covered service member. Employer approval also is not required when intermittent or reduced schedule leave is necessary due to a qualifying exigency.

When the need for leave is foreseeable, an employee must give the employer at least 30 days notice, or as much notice as is practicable. When the leave is not foreseeable, the employee must provide notice as soon as practicable in the particular circumstances. An employee must comply with the employer’s usual and customary notice and procedural requirements for requesting leave, absent unusual circumstances. In requesting leave an employee must provide sufficient information for the employer to reasonably determine whether the FMLA may apply to the leave request. When the employee seeks leave for a qualifying reason for which the employer has previously provided the employee FMLA-protected leave, the employee must specifically reference the qualifying reason for the leave or the need for FMLA leave.

Maintenance of Health Benefits A covered employer is required to maintain group health insurance coverage for an employee on FMLA leave whenever such insurance was provided before the leave was taken and on the same terms as if the employee had continued to work. If applicable, arrangements will need to be made for employees to pay their share of health insurance premiums while on leave.

In some instances, the employer may recover premiums it paid to maintain health coverage for an employee who fails to return to work from FMLA leave.

Resources • US Department of Labor • The Library of Congress For Additional Information Contact the nearest office of the Wage and Hour Division, listed in most telephone directories under U.S. Government, Department of Labor.

GINA Genetic Information Discrimination Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which took effect on November 21, 2009, prohibits discrimination against employees or applicants because of genetic information. GINA also prohibits the use of genetic information in making employment decisions, restricts employers and other entities (employment agencies, labor organizations and joint labor-management training and apprenticeship programs - referred to as “covered entities”) from requesting, requiring or purchasing genetic information, and strictly limits the disclosure of genetic information.

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Definition Genetic information includes information about an individual’s genetic tests and the genetic tests of an individual’s family members, as well as information about the manifestation of a disease or disorder in an individual’s family members (i.e. family medical history). Family medical history is included in the definition of genetic information because it is often used to determine whether someone has an increased risk of getting a disease, disorder, or condition in the future. Genetic information also includes an individual’s request for, or receipt of, genetic services, or the participation in clinical research that includes genetic services by the individual or a family member of the individual. GINA also covers genetic information of a fetus carried by an individual or by a pregnant woman who is a family member of the individual and the genetic information of any embryo legally held by the individual or family member using an assisted reproductive technology.

Prohibited Acquisition GINA prohibits covered entities from obtaining genetic information, expect in the following situations: • Genetic information is inadvertent acquired, such as in situations where a manager or supervisor overhears someone talking about a family member’s illness.

• Genetic information (such as family medical history) may be obtained as part of health or genetic services, including wellness programs, offered by the employer on a voluntary basis, if certain specific requirements are met.

• Family medical history may be acquired as part of the certification process for FMLA leave (or leave under similar state or local laws or pursuant to an employer policy), where an employee is asking for leave to care for a family member with a serious health condition.

• Genetic information may be acquired through commercially and publicly available documents like newspapers, as long as the employer is not searching those sources with the intent of finding genetic information or accessing sources from which they are likely to acquire genetic information (such as websites and on-line discussion groups that focus on issues such as genetic testing of individuals and genetic discrimination).

• Genetic information may be acquired through a genetic monitoring program that monitors the biological effects of toxic substances in the workplace where the monitoring is required by law or, under carefully defined conditions, where the program is voluntary.

• Genetic information is acquired by employers who engage in DNA testing for law enforcement purposes as a forensic lab or for purposes of human remains identification, but the genetic information may only be used for analysis of DNA markers for quality control to detect sample contamination.

Confidentiality Covered entities must keep genetic information confidential and in a separate medical file, but may be kept in the same file as other medical information in compliance with the Americans with Disabilities Act. There are limited exceptions to this non-disclosure rule, such as exceptions that provide for the disclosure of relevant genetic information to government officials investigating compliance with GINA and for disclosures made pursuant to a court order.

Discrimination GINA prohibits employers from using genetic information to make an employment decision because genetic information is not relevant to an individual’s current ability to work. Discrimination under GINA occurs whenever genetic information is used in connection with any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, or any other term or condition of employment.

Harassment Under GINA, harassment of an individual because of his or her genetic information is illegal if it is so severe or pervasive that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). Harassment can include, for example, making offensive or derogatory remarks about an applicant or 18

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employee’s genetic information, or about the genetic information of a relative of the applicant or employee. The harasser can be the victim’s supervisor, a supervisor in another area of the workplace, a co-worker, or someone who is not an employee, such as a client or customer.

Retaliation Under GINA, it is illegal to fire, demote, harass, or otherwise retaliate against an applicant or employee for filing a charge of discrimination, participating in a discrimination proceeding (such as a discrimination investigation or lawsuit), or otherwise opposing discrimination.

MIOSHA Michigan Occupational Safety and Health Act (MIOSHA) The Michigan legislature created the modern Michigan Occupational Safety and Health Act (MIOSHA), Public Act 154 of 1974, in order to better prevent workplace injuries, illnesses and fatalities of Michigan workers. The agency vision is to enhance the quality of life and contribute to the economic vitality in Michigan by serving as an effective leader in occupational safety and health. Provide through inclusion of staff and stakeholder creativity and commitment: • Credible, customized and responsible consultation, education and training, • Firm, fair and targeted enforcement, • Cooperative agreements with individual employers and employee and employer organizations, and • Relevant, fact-based standards promulgation.

MIOSHA is responsible for assuring safe and healthful working conditions for working men and women in Michigan. Safe and healthy work environments are achieved through a combination of enforcement, outreach, and collaborative partnerships.

The agency also licenses asbestos contractors and certifies asbestos workers. The agency administers the MIOSHA program through an organization comprised of: program administration, the Construction Safety and Health Division, the Consultation Education and Training Division, the MIOSHA Appeals Division, the Management and Technical Services Division, and the General Industry Safety and Health Division.

Click on the link below for more information relating to MIOSHA: http://www.michigan.gov/lara/0,4601,7-154-61256_11407---,00.html

Fair Labor Standards Act – Safe Harbor Policy The Fair Labor Standards Act (FLSA) requires the payment of overtime for employees for non-exempt employees. In addition, the FLSA regulates which employees are exempt from receiving overtime. The U.S. Department of Labor’s rules on the “white collar” exemptions from federal overtime and minimum wage requirements under the Fair Labor Standards Act provide a “safe harbor” that may preserve an employee’s exempt status in the event impermissible deductions are made. The rules state that the salary basis component of the exemption test is not lost if the employer: 1. has a “clearly communicated” policy prohibiting improper deductions, including a complaint mechanism; 2. reimburses employees for any improper deductions; and 3. makes a good faith commitment to comply in the future.

This safe harbor is not available, however, if the employer willfully violates the policy by continuing to make improper deductions after receiving employee complaints.

Read below to view an example of a Safe Harbor policy.

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The Safe Harbor Policy Definitions Under the Federal Fair Labor Standards Act (FLSA), employers are responsible for designating job classifications as either “exempt” or “non-exempt” for overtime pay, following the guidelines set forth by the FLSA. Employees classified as “non-exempt” are eligible to be paid overtime for hours worked in excess of 40 hours per week.

Employees that are designated as “exempt” from overtime are not eligible for overtime pay.

“Safe Harbor” Policy In accordance with the Fair Labor Standards Act, exempt employees are required to be paid on a salary basis and may not have their pay reduced for portions of a day or week, with the exception of certain permissible deductions that are outlined below. It should be noted that the use of accumulated leave time (annual, personal, etc.) does not constitute a reduction in pay.

Employees who feel their pay has been improperly reduced should immediately report this to the Human Resources Department by following the procedures specified below.

Provisions mandated by the Salary Basis Rules Exempt employees must receive their full salary for any week in which they perform any work, without regard to the number of days or hours worked. However, exempt employees need not be paid for any work week in which they perform no work at all for the organization. Exceptions to the requirement to pay exempt employees on a salary basis are listed below. In these cases deductions are permissible.

Allowable pay deductions include: • Penalties imposed by infractions of safety rules of major significance. A deduction from pay as a penalty for violations of major safety rules must be done in full day or full week increments.

• Deductions for full days not worked during the first and last week of employment, as long as this practice is consistently applied to all exempt employees in the same circumstances.

Prohibited pay deductions include: • Jury duty • Attendance as a witness • Temporary military leave • Partial day amounts other than those specifically discussed in #1 above • Absences caused by the employer or caused by the operating requirements of the employer.

Complaint Procedure • Employees who believe their pay has been improperly reduced should immediately contact the Human Resources Department to request an investigation.

• The employee will be asked to specify in writing, using the guidelines above, the circumstances of the pay deduction and whether it has occurred on other occasions.

• The Human Resources Department will review pay records and interview the supervisor or manager, as well as the payroll representatives handling the employee’s pay, to determine if the allegation is correct.

• If the deduction was in fact improper, the employer will reimburse the employee as promptly as possible.

• The individual(s) responsible for the error will be investigated further to determine if this was an isolated incident or a pattern of conduct that requires further action.

• Resolution of the situation will be documented and placed in the employee’s human resources file.

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Social Security Mismatch Social Security Administration (SSA), the Internal Revenue Service (IRS), and U.S. Department of Homeland Security (DHS) all have responsibilities regarding these numbers, and each agency’s policies are designed to promote its individual goals. The SSA cannot enforce accurate reporting of wages and must rely on the IRS to penalize employers who submit mismatched wages and the DHS to enforce immigration laws.

Every year the SSA informs thousands of employers via a letter entitled “Employer Correction Request,” commonly known as “No-Match” letters that the Social Security numbers employers provided on W-2 Forms for certain employees do not match SSA’s. Social Security and Individual Tax Identification numbers appear to have become de facto national identifier.

An employer should take reasonable steps to resolve the mismatch, and apply these reasonable steps uniformly to all employees referenced in the enclosed SSA letter.

For further information on this topic, visit http://www.justice.gov/crt/about/osc/pdf/publications/SSA/FAQs.pdf

USERRA – Military The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) was signed into law on October 13, 1994. USERRA clarifies and strengthens the Veterans’ Reemployment Rights (VRR) Statute. USERRA is intended to minimize the disadvantages to an individual that occur when that person needs to be absent from his or her civilian employment to serve in this country’s uniformed services. USERRA applies to all employers in the public and private sectors, including Federal employers. The law seeks to ensure that those who serve their country can retain their civilian employment and benefits, and can seek employment free from discrimination because of their service. USERRA is administered by the United States Department of Labor.

More information can be found at www.dol.gov/elaws/userra.htm

W2 vs. 1099 Over the past few years, the IRS has realized they are losing revenue due to misclassification of 1099 independent contractors who should legally be W-2 employees. When a company pays a contractor on a 1099-misc form, it avoids the following: federal and state tax withholdings, deposits and reports, the employer’s share of Social Security and Medicare taxes, state and federal unemployment insurance premiums, state disability insurance premiums, Workers’ Compensation costs, fringe benefits, vicarious liability for employee negligence, and EEOC regulations.

The IRS estimates that it loses between $4 to $20 billion per year in unpaid taxes as a result of employee misclassification.

The IRS has made it a priority to investigate 1099-misc forms that are turned in at the end of the tax year. The IRS is continually conducting audits to determine whether or not contractors are being properly classified.

True Independent Contractor • Will work with a number of clients.

• Role is to accomplish a final result and it’s the independent contractor who will determine the best way to achieve that result. The independent contractor will define what the agreed upon “result” is in a contract with your customer.

• Pays his/her own taxes and files the required government forms.

• Social Security taxes are the sole responsibility of the independent contractor.

• Must obtain his/her own benefits including workers’ compensation, disability, etc. The contractor is not entitled to any typical employee benefits from any government agency.

• Agreements traditionally provide professional liability coverage.

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20 Point Checklist 1. Must the individual take instructions from your management staff regarding when, where, and how work is to be done?

2. Does the individual receive training from your company?

3. Is the success or continuation of your business somewhat dependent on the type of service provided by the individual?

4. Must the individual personally perform the contracted services?

5. Have you hired, supervised, or paid individuals to assist the worker in completing the project stated in the contract?

6. Is there a continuing relationship between your company and the individual?

7. Must the individual work set hours?

8. Is the individual required to work full time at your company?

9. Is the work performed on company premises?

10. Is the individual required to follow a set sequence or routine in the performance of his work?

11. Must the individual give you reports regarding his/her work?

12. Is the individual paid by the hour, week, or month?

13. Do you reimburse the individual for business/travel expenses?

14. Do you supply the individual with needed tools or materials?

15. Have you made a significant investment in facilities used by the individual to perform services?

16. Is the individual free from suffering a loss or realizing a profit based on his work?

17. Does the individual only perform services for your company?

18. Does the individual limit the availability of his services to the general public?

19. Do you have the right to discharge the individual?

20. May the individual terminate his services at any time?

What Tips the IRS Off Standard occurrences that may flag your company for an IRS Audit.

• The independent contractor files a claim for unemployment benefits.

• The independent contractor files a claim for workers’ compensation.

• The independent contractor files a claim for disability benefits.

• The IRS finds out the independent contractor hasn’t been paying taxes.

To learn more visit http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Independent-Contractor-SelfEmployed-or-Employee

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Workers’ Compensation In 1912, Michigan along with most of the states, adopted a worker’s compensation act. Workers’ compensation is the system that provides wage replacement, medical and rehabilitation benefits to workers who are injured on the job.

Workers’ compensation is a no-fault system that generally requires an employer to compensate a worker for any injury suffered in the course of the worker’s employment, regardless of who was at fault. The amount that a worker can recover is limited.

Injured workers are entitled to only: 1. Certain benefits to make up for the loss of wages suffered by the injured worker (limited by annually adjusted caps) 2. The cost of medical treatment (subject to cost containment rules) 3. Vocational rehabilitation services (limited to 104 weeks) Once notified of the injury or illness, the insured employer is responsible for promptly filing the Employers Basic Report of Injury (form 100) with Michigan’s Workers’ Compensation Agency (WCA) for all wage loss cases.

For more information, visit www.michigan.gov/wca.

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COMPANY PRACTICES AND POLICIES

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At Will Employment At Will Employment. Under Michigan law employees--without a written employment contract that provides otherwise--are presumed to be employed “at will”; meaning, they can be terminated with or without cause or notice, for no reason or any reason at all. An employer does not owe a terminated “at will” employee, any pay in lieu of notice or other compensation.

It is important to understand, however, that in many ways the exceptions swallow the rule. First, a collective bargaining agreements with a union representing the employees typically have a “just cause” provision that requires the employer to have a “just” reason to terminate the employee (often those reasons are negotiated with the union or are implied (e.g. stealing)). Second, an employment agreement can be created that gives employees reasonable expectations of continued employment by an express agreement or implied by policies that are not carefully crafted to disclaim any such employment rights.

However, even if issues of contract do not exist, the most important exception for employers to remember is that they cannot terminate employees for an unlawful or illegal reason. Therefore, even “at will” employees cannot be terminated as a result of discrimination based on race, gender, age or other protected factors, or retaliation for whistle blowing or filing charges of discrimination, etc. As a best practice at will status should be expressly acknowledged by the employee on an application, handbook and/or acceptance of a job offer. The at will status will trump employment contract claims for notice or severance pay, but does not prevent the terminated employee from bringing claims on other grounds.

Employment Agreements Employment Agreements. Employment contracts typically provide employees additional rights to compensation and benefits should the employment relationship not be terminated for “cause”, whatever the definition of that term may be under the contract.

Employment contracts are often put together for executive or higher level salaried and exempt employees. The agreements typically provide for a term of employment, standards for cause termination for and severance compensation and benefits in various circumstances of resignation or separation. Employers should consider including in their employment agreements a number of “restrictive covenants” that are designed to protect the company’s confidential, proprietary and trade secret information. These agreements are described in more detail below and include provisions on non-competition, nonsolicitation, confidentiality and protection of trade secret information, intellectual property and inventions. These conditions also can be implemented as stand alone agreements for all employees to sign, depending on the situation as discussed below.

Confidentiality, Non-Compete and Non-Solicitation Agreements Employers may use restrictive covenants, such as confidentiality, non-compete, and/or non-solicitation agreements to help keep trade secrets, processes and information about new products or services out of the hands of competitors.

Generally, a confidentiality covenant imposes an obligation on employees to refrain from misusing or wrongfully disclosing an employer’s “confidential information.” The policy or agreement should identify what is meant by “confidential information,” but the definition should not be too broad as including information that is clearly not confidential may render the agreement unenforceable. However, the description of what is confidential must not be drawn too narrowly either, as an exclusion of certain types of information that is critical to the employer’s competitive business interests may be found to have been intentionally excluded from the information sought by the employer to be protected. A good way to define the scope of the agreement would be to include a description or list of information intended to be included.

Non-compete agreements entered into after March 29, 1985 are enforceable in Michigan if they are reasonable and support a legitimate business purpose. Specifically, MCL 445.77a states: “An employer may obtain from an employee an agreement or covenant which protects an employer’s reasonable competitive business interests and expressly prohibits an employee from engaging in employment or a line of business after termination of employment if the agreement or covenant is reasonable as to its duration, geographical area, and the type of employment or line of business.” If a non-compete

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agreement were found to be unreasonable in any respect, the statute permits a court to modify or “redline” the agreement to make it enforceable, as limited.

The reasonable competitive business interest employers may protect with a non-compete agreement include trade secrets, confidential information, customers lists, contact with the employer’s customers, cost factors, and pricing. With respect to duration, courts have enforced agreements covering periods of six months to three years, depending on the circumstances involved. A non-compete agreement, to be enforceable, must also be tailored so that its geographical limitation is no greater than reasonably necessary to protect the employer’s legitimate business interest. This can be accomplished by limiting the geographical scope of the non-compete provision to the business and marketing regions where the employer does business.

A non-solicitation agreement may be used in the place of or to complement a non-competition agreement. A non-solicitation agreement restricts a former employee from soliciting employees or customers of the employer. When coupled with a well drafted confidentially agreement, non-solicitation agreements can often effectively achieve the same results as a noncompetition agreement.

Employee Handbooks An employee handbook details expectations, policy and procedures of an employer to its employees. While it often varies from business to business, specific areas that an employee handbook may include: 1. Orientation procedures (withholding forms, providing proof of identity, eligibility for employment and other required forms).

2. Definitions of full- and part-time employment and benefits each classification receives, as well as timekeeping procedures 3. Information about employee pay and benefits, such as vacation and insurance.

4. Expectations about conduct (concerning mail, use of the telephone, company equipment, motor vehicles, Internet, e-mail and mobile devices) and discipline policies.

5. Guidelines for employee performance reviews, policies for promotion or demotion.

6. Procedures on handling on-the-job accidents, such as those that result in injury.

New employees are usually required to sign a form stating they have read and understand the information, and accept the terms of the employee handbook.

Many employers have their employee handbook posted on the Web.

Internet and Social Media Implementation of policies that regulate the use of the Internet and social media requires an understanding of employee protections under the National Labor Relations Act (NLRA) and Michigan’s Internet Privacy Protection Act.

Social Media Policies and the NLRA Under Section 7 of the National Labor Relations Act (NLRA), employees have the right to engage in concerted activity for the purpose of collective bargaining or other mutual aid or protection. Social media policies that are overly broad or ambiguous may unlawfully restrict employee exercise of their Section 7 rights. The following provisions contained in social media policies have been found to violate the NLRA: • Never share confidential information with another team member unless they have a need to know the information to do their job.

• If you engage in a discussion related to [Employer], in addition to disclosing that you work for [Employer] and that your views are personal, you must also be sure that your posts are completely accurate and not misleading.”

• Offensive, demeaning, abusive or inappropriate remarks are as out of place online as they are offline.

• Employees may not post “disrespectful” or “critical” comments about the employer.

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The Internet Privacy Protection Act Michigan’s Internet Privacy Protection Act, passed in December 2012, generally prohibits employers from asking an employee or job applicant to provide access to, allow observation of, or disclose information that allows access to or observation of “personal internet accounts” like Facebook. However, the Act provides several exceptions: • An employer may request or require that an employee provide access to an account or service that is provided by the employer, obtained by virtue of the employment relationship, or used for the employer’s business purposes.

• An employer may prohibit an employee from accessing websites while using a device or network paid for by the employer.

• The employer may lawfully monitor data stored on an employer owned device or employer network.

• In limited situations, an employer may conduct an investigation into an employee’s personal Internet account.

Elements of a Good Social Media Policy Social media policies should at a minimum: • Specify which devices and information systems are covered.

• Clearly identify what is prohibited.

• Avoid any prohibition on employee discussion of wages, hours or working conditions.

• Avoid use broad language prohibiting employees from making statements criticizing or disparaging the employer.

• Use detailed examples to distinguish between legitimate employer restrictions and unlawful encroachment on an employee rights to discuss terms and conditions of their employment.

• Include a disclaimer that clearly states the policy will not be construed or applied in a manner that interferes with employees’ legal rights.

A social media policy found by the National Labor Relations Board to be lawful is included NLRB Memorandum OM 12-59, which can be found at: http://www.nlrb.gov/reports-guidance/operations-management-memos

Holidays There is no Federal Law that requires employers to provide time off on nationally recognized holidays. An employer is obligated to provide “reasonable accommodation” for the religious practices of its employees, unless it can show that the accommodation would result in undue hardship for its business. Many employers offer a “floating holiday” in addition to the regularly scheduled holidays. This allows an employee to take time off for religious observances that are not covered by the employer’s established holiday schedule.

Courts addressing the issue of religious accommodation generally agree that unpaid time off can be a reasonable accommodation, as can allowing an employee to use a vacation day to observe a religious holiday. Most employers require that floating holidays be taken in the same year they are granted and do not allow these days to be carried over into the next year. As in other leave usage policies, employees usually are required to give adequate advance notice of their intention to take a floating holiday.

Time Keeping Policies Within any business it is imperative for the organization to establish a time keeping policy — typically used for hourly employees — that all employees can understand. One mechanism is a timesheet policy that should reflect the company’s rules, regulations, and procedures for correctly accounting the time employees worked on the job. It should also inform employees of consequences associated with falsifying information related to the amount of time worked. The timesheet agreement is a document that is beneficial and can be modified to express your company’s exact policy. Below is an example. If you would like to download an excel example of a timesheet, click here.

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Example Of Timesheet Policy Employees will adhere to the guidelines set forth in this document for completing time sheets.

Responsibility Employees - Responsible for accurately preparing and submitting their time sheets to their supervisors.

Supervisors - Responsible for verification and approval of time sheets. Supervisor approval certifies that time reported by the employee is accurate and that all leave and overtime both earned and taken comply with TDA policies.

Human Resources (HR) Department - Responsible for the administration of this policy. For questions about completing and processing time sheets, contact the Human Resources Timekeeper or Payroll Officer, or, if necessary, the Chief Human Resources Officer.

Guidelines The time sheet represents time worked and leave taken or earned that has been submitted by the employee and preapproved or approved, as applicable, by the employee’s supervisor.

Actual Time Worked Employees time worked must be recorded on the time sheet on the day the work occurred. Employees time worked will not include paid or unpaid leave - it is the actual time the employee spent performing the duties of the assigned position.

The maximum amount of time worked that will be recorded for any given workday must equal eight (8) hours, unless the employee has received his/her supervisor’s prior approval to work more than eight (8) hours.

Supervisors must ensure that each employee’s total hours equal at least eight (8) hours each day. For example, if an employee worked six (6) hours, he/she must take two (2) hours of leave to ensure eight (8) hours are recorded.

Violations Falsification of time sheets and/or failure to adhere to this policy may subject an employee to disciplinary action, up to and including termination.

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PERFORMANCE APPRAISALS BACKGROUND CHECKS AFFORDABLE CARE ACT

PERFORMANCE APPRAISALS Performance appraisals are very important to an organization to determine objectively how well an employee is performing in his or her current position. The performance appraisal, when properly carried out, can help to fine tune and reward the performance of an organization's employees. Performance appraisal is a vehicle to validate and refine an organization's employee selection and training process and provide honest feedback to employees with an eye on improving future performance. To view a sample performance appraisal, please click below.

Instructions for Using the Appraisal Form Sample Performance Appraisal

BACKGROUND CHECKS When hiring employees, more information about a candidate may be necessary to make an informed decision. Employers often conduct various background checks, including credit reports and criminal record searches, as part of the preemployment screening to obtain such information.

When conducting background checks, particularly criminal record checks, it is important not to use practices that include blanket exclusions of candidates with criminal records, but to utilize the best practices suggested by the Equal Opportunity Employment Commission. These best practices include: (1) developing a narrowly tailored policy and procedure for criminal background screening; (2) training managers and decision-makers on how to implement hiring policies and procedures in a neutral manner; and (3) limiting criminal record inquiries to convictions for which exclusion would be job related for the position in question and consistent with business necessity. Essentially, employers should make an individual assessment, considering the nature of the crime, amount of time elapsed since the convictions, and the nature of the job.

AFFORDABLE CARE ACT For helpful information about the Affordable Care Act, click here to view “Health care reform: A guide for employers,� a resource providing answers to the biggest questions employers face in developing employee benefits to comply with the Affordable Care Act. This PDF includes checklists for both small and large employers as well as a timeline for requirements.

For additional information for employers, visit http://www.aflac.com/healthcare_reform/employer_tools.aspx

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THANK YOU TO OUR CONTRIBUTORS James Rosenfeld, Butzel Long

Trust. Always.

Don Whitford, Priority Health

Tom Krent, City of Troy

Swati Karve, Arcturus Global Consulting

Michael Blum, Foster Swift Collins & Swift

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