As State Primaries have taken place and the general elections are right around the corner, now is a great time to make sure your companies Voting Policies are up-to-date. Minnesota's Election Day Law covers all "regularly scheduled" state primary or general election was recently amended to give employees the "right to be absent from work for the time necessary to appear at the employee's polling place, cast a ballot, and return to work."

Expansion of the "Right to Be Absent from Work"

In 2010, the MN legislature expanded the definition. Every employee who is eligible to vote has the right to be absent without penalty or loss of salary or wages. Employees have the right to be absent from work “for the time necessary to appear at the employee’s polling place, cast a ballot, and return to work on the day of that election.”

Answers to Unanswered Questions

The Minnesota Election Day Law provides little guidance to employers beyond prohibiting "penalties" or "wage and salary deductions," Some questions you might have regarding the new law are listed below with some general guidance. Please consult your legal counsel before making any policy changes as this information is only guidance.

Can I require an employee to provide advanced notice?

The statute doesn’t fully address this issue, it would be challenging for an employee to prove that providing notice prior to the shift starting interferes with the right to be absent from work to vote.

Can I limit the amount of time the employee is absent from work?

Yes, although enforcing it might be a challenge. The statute provides that the employee must be given time off for the time necessary to (1) appear at the employee's polling place, (2) cast a ballot, and (3) return to work. It does not provide for time to make a pit stop along the way! However, it would be difficult to prove how long it actually took the employee to vote based on lines at the polling place, etc..

Can I require the employee to use accrued vacation or paid time off (PTO) to make up the difference?

The statute doesn’t address this question but keep in mind that deducting an employee's accrued leave or PTO could be viewed as a prohibited deduction or penalty.

Does your company currently file and store I-9’s electronically or have you thought about it as an option for the future? If so, read on to learn about the new final rule that was published on July 22, 2010. The U.S. Department of Homeland Security (DHS) published a final rule amending an interim final rule on the electronic signature and storage of the Form I-9.

The final rule allows employers to complete, sign, scan and store the Form I-9 electronically as long as certain performance standards in the final rule for the electronic filing system are met.

The final rule makes minor modifications to the interim final rule to clarify that employers:

1. Must complete a Form I-9 within three business days (not calendar days).
2. Can use paper, electronic systems or a combination of paper and electronic systems.
3. Can change electronic storage systems as long as the systems meet the performance requirements of the regulations.
4. Need not retain audit trails for each time a Form I-9 is viewed electronically. Instead, only when the Form I-9 is created, completed, updated, modified, altered or corrected.
5. Can provide or transmit a confirmation of a Form I-9 transaction but are not required to do so unless the employee requests a copy.

Employers have also requested guidance on the storage of documents used to verify an employee’s identity and eligibility to work in the United States. DHS clarified that employers may, but are not required to, copy or make an electronic image of a document used to comply. Employers should develop a consistent policy regarding the storage of document copies to avoid discrimination.

Additionally, the form I-9 and verification documentation may be stored in a separate Form I-9 file or as part of an employee’s other employment records. The pages of the Form I-9 containing employer- and employee-entered data need be retained; the other pages do not need to be retained.

The DHS amended the interim final rule to require an employer to provide or transmit a confirmation of the transaction only if an employee requests it. If requested, a receipt when completing an electronic record should be provided within a reasonable period of time, but it need not be provided at the time of the transaction.

Keep in mind that providing the option of electronic preparation and storage does not alter the requirement that the employer physically examine any documentation provided by the employee in the presence of the employee prior to completing the Form I-9. The final rule takes effect August 23, 2010.

As a mother of a three year old, I rarely get out to the theaters to see an adult movie. In fact, if one were to review my ticket stubs they would find The Princess and the Frog and How to Train a Dragon (in 3D of course)! On occasion, my husband and I get a movie date night at home. Given that part of my job at Midwest Staffing Group Inc. is consulting with clients about avoiding legal risks in terminating employees, Up in the Air was a natural choice for a rare movie night.

In case you haven't seen it, the movie's about Ryan Bingham, a character played by George Clooney. Bingham is a professional outside terminator who travels around the US letting employees go. He spends the majority of his time in airports and remote US cities while earning frequent traveler perks. All of this changes when Natalie a recent college grad, played by played by Anna Kendrick joins the company. She has an idea to decrease extensive travel costs by doing terminations by video. She's assigned to go on an in-person tour with Bingham to see how terminating is done live, to improve her video product.

Throughout the movie, we see numerous firing scenes where some employees cry, others are angry and others are shocked. In my experience in HR, this is quite true to life. Overall, the movies about more than the painful duty of ending someone's job, it focuses on the “human aspect” of the termination. For nearly all companies, termination is still very much a part of their business. Up in the Air highlights not only the legal but the human risks associated with terminating employees. The movie reminds us of some key aspects to keep in mind when terminating an employee:

1. Pre-termination Planning- ensure you are aware of the risks before hiring and throughout the course of employment.
2. Begin before Hiring- Employment applications should provide an opportunity for applicants to fully disclose their past work history and reserve the right to terminate an employee for falsifying information. Secondly, the standards for working at your company should be made clear during the interviewing process and upon hire to avoid any surprises. Lastly, your employee handbook should have language that clearly states your companies at will employment policy. If the position requires a written employment contract, ensure that it is appropriate for the position.
3. Decision to terminate- If a manager decides that an employee should be terminated, this decision should be reviewed by at least one person before the final decision is made. The review should look at all of the facts leading up to the decision along with a review of the employees file.
4. Letting the employee know- Telling an employee they are terminated is never an easy job as the movie demonstrated. Usually the employee’s manager and a HR representative will attend the meeting. The meeting should be prepared for in advance and focus on the facts including the decision to terminate, reasons supporting the decision, the date the decision is in effect, review COBRA and any other relevant separation information, a review of any non-competes, policies on references, and informing the employee who they can contact with any issues.
5. After the termination- the employer should prepare a brief explanation about why the employee is no longer with the organization to avoid rumors. Any reference requests should be dealt with in accordance to your organizations policies and procedures.
6. Be aware of the legal challenges- An employer should be aware of several legal challenges with terminations including but not limited to contractual claims, tort claims, claims of constructive discharge, and claims based on federal state and local legislation. Prior to the termination, the employer should have reviewed the termination case for any red flags that might arise with the termination.

As in the movie, terminating an employee is never a simple task and it’s something that every manager and HR professional should take seriously. While it’s important to follow the steps in the process, I have also learned that it’s just as important to not remove the “human” out of human resources and be aware you are dealing with a person, not just a number.

Do your employees routinely come to you with complaints about each other and expect that you will resolve it? If so, it may be time to for a change! By telling them to deal with interpersonal conflicts on their own before they come to you, you have more time to focus on your work; and you help them develop the ability to handle conflict.

Managers who rush to resolve employee’s conflicts sometimes assume that problem solving calls for a top-down approach. As a manager, you can assert your authority by refusing to let them unload their conflicts on you unless they have attempted to work it out on their own. In addition, if you consistently confront one employee with another’s complaints, you’ll be seen as “taking sides” and creates the perception of bias.

Coaching employees to solve their own problems will initially take more time and energy than handling the conflict yourself. However, in the long term, you’ll create a work environment where conflict management is seen as everyone’s obligation, not just the manager’s job. Below are a few tips to get you started:

1. Don’t put your employees’ “urgent” issues at the top of your priority list. As a manager you may find yourself spending too much time dealing with issues that are urgent but not important. If you’ve allowed yourself to get drawn into employee problems, making a change may take some work but will eventually reduce the “urgent” problems dropped in your lap.
2. Train employees in conflict-resolution skills. By beginning with a self-assessment for each employee, you will allow them to better understand their own conflict-management styles and the pros and cons of using a particular style.
3. Communicate clear expectations. If employees are trained in conflict management and required to follow a specific course of action when conflicts arise among team members you will deal with less employee issues. If the policy is that managers should not be involved in refereeing petty disagreements, the team will be less likely to involve them.
4. Set specific guidelines. In some organizations, that standard procedure is that if an employee’s behavior is creating a problem within a team, the team is expected to work it out without involving the manager. If this is unsuccessful, the manager can be brought in to make a decision.
5. Remind employees to focus on behaviors, not personalities. Remind employees to focus on the other person’s behavior and the consequences of that behavior—not on personalities or subjective judgments.
6. Have an open-door policy—and stick to it. Let employees know that you’re still available to coach them on how to work through specific situations. For example, if they are having s specific problem, you could follow-up meeting to discuss how things are going for the employee. Employees also need to know that if they try and fail to resolve a conflict, you’re available for follow-up guidance.
7. Know where to draw the line. Clearly communicate that management must always be notified and involved in certain types of conflicts, especially where there are indications of physical violence, harassment, theft, or illegal substance use or possession. Your employees should never be expected to confront violations of the law or to enforce company policy without management’s knowledge.

While it’s impossible to create an atmosphere free of conflict, it is not impossible to enable your employees to learn valuable workplace skills such as conflict management. And bonus: you might just reclaim and protect your own time.

Employee engagement is becoming top priority for many employers; in last month’s article we discussed the importance for businesses to understand the level of engagement of its workforce. An engaged workforce is a key driver to increase productivity, innovation and to maintain a competitive advantage. Although regularly measuring employee engagement through surveys is an important component to understand job satisfaction, there is a lot more management can do on a daily basis. The 'Employee Turnover and Retention' study by the CIPD, groups the reasons as to why many employees choose to resign into two distinctive groups:

The 'Pull' Factor: Sometimes it is the attraction of a new job or the prospect of a period outside the workforce which 'pulls' them.

The 'Push' Factor: On other occasions they are 'pushed' (due to dissatisfaction in their present jobs) to seek alternative employment.

Line manager’s who foster a “poor relationship” with employees can be a push factor behind an employee’s decision to leave their job. Often times, a poor relationship with a manager is hard to define, but a thorough exit interview is a step in the right direction in identifying potential issues. A recent study by Henley Business School highlighted factors employees identified as a way a line manager can affect engagement:

1. By fostering a participative, facilitative and empowering management style - not controlling or micro-managing
2. By being approachable, available and open and willing to share thoughts and feelings
3. By giving ongoing, constructive, open, direct and timely feedback
4. By working with honesty, authenticity and competence

Organizations should also examine ways to support line managers in engaging their employee’s. This might include setting engagement-based targets for management which are linked to rewards, team goals and team rewards. According to the same study, a lack of training, development and career opportunities were also major reasons why many employees resigned from their jobs. More companies are now implementing a workforce management approach as part of a strategy to help them identify unutilized skills within the company and the best ways to develop them. A workforce management strategy of fully utilizing skills is of particular importance in the current economy with many businesses running lean.

Organizations that view employee engagement as an ongoing process rather than a once a year survey are sure to see a more productive workforce! Midwest Staffing Group has a team of dedicated HR professionals that are ready to assist your organization in evaluating and implementing a comprehensive workforce management strategy through a variety of programs including line manager training, diagnostic survey’s and a variety of other methods! Contact your local branch office for more information about how we can assist your organization reach your strategic workforce goals.

Does your organization have a concern about the impact that the long recession has had on employee morale and engagement? Are you wondering how your current work force is holding up and if there’s anything you could do to improve the environment? As many organizations may have put off hiring to make up for revenue lost they have also turned to their current workforce to boost productivity, work longer hours and to take on additional responsibility.

In addition to increased workloads, remaining employees might have to deal with additional measures such as salary freezes, furloughs, reduced retirement and health benefits. Many organizations have also conducted layoffs at least once over the course of the recession which also impacts employee morale.

As employers are asking their employee’s to do more with less, it is essential that employer’s understand the level of engagement of their employee’s to ensure top performance. Employee engagement can be measured through various measures, but perhaps one of the more effective ways is through an employee engagement survey. Midwest Staffing group conducts annual engagement survey’s and selects actionable items to improve for the next year. We have an experienced HR team that is dedicated to assisting our client’s measure and improve their employee engagement levels! Feel free to contact our HR department to discover how we might be able to assist your organization.

If you wish to develop your own, Gallop has created 12 basic questions to discover engagement levels. This is a great starting point to help you develop your own survey! http://www.workforce.com

After you have developed your questions, one tool that helps measure morale is a web-based survey application called "Survey Monkey". Organizations can customize the surveys to meet their needs on a variety of topics and use it to supplement the objectives of larger strategic initiatives. Measuring employee engagement levels is a great first step to improving a work environment; just ensure your organization is ready to address what it uncovers!

Today’s companies are utilizing temporary employees more than ever before. As the number of companies utilizing a temporary workforce grows, so does the need to take a closer look at employment law in this area. The ideal way to avoid co-employment issues is to partner with an experienced staffing provider that has established policies to ensure compliance with employment laws.

What is Co-employment?

Co-employment arises in situations where two companies maintain control over an employee’s work. This typically occurs when companies utilize temporary or contingent employees as part of their workforce.

In most temporary staffing arrangements, the client is responsible for the day-to-day direction of the temporary employee, while the staffing company is responsible for all of the other employment aspects of the temporary employee’s assignment. Typically, a provider of staffing services:

1. Recruits, screens, interviews, hires, disciplines and terminates the temporary employee.
2. Maintains all necessary personnel and payroll records, including drug screens and background checks.
3. Computes wages and withholds applicable taxes.
4. Remits employee withholdings to and makes employer contributions for federal FICA and federal and state unemployment insurance payments.
5. Pays net wages directly to the temporary employee.
6. Provides Workers’ Compensation insurance coverage.
7. Resolves the temporary employee’s complaints and grievances.
8. At the request of the client, for any valid legal reason, removes the temporary employee assigned to the client.

How Midwest Staffing Helps Manage Co-employment

For the co-employment issues described above, we partner with our clients to ensure that each of us fulfills our role in the relationship with temporary employees. While client employees are regularly involved in the supervision of the actual work performed by our temporary employees, we take great care to ensure we maintain control of the employment relationship at all times. We accomplish this by adhering to a few best practices:

1. All aspects of the economic relationship with temporary employees (e.g. payroll, raises, bonuses, benefits) are administered by Midwest Staffing Group without client involvement. The client provides performance feedback to determine which temporary employees are eligible for bonuses but Midwest Staffing administers the programs.
2. All communications regarding the length or termination of employment are handled by Midwest Staffing Group without client involvement.
3. Employment-related issues that arise between temporary employees and client employees are promptly communicated by the client to Midwest Staffing Group staffing managers. This practice enables Midwest Staffing Group and the client to resolve these issues effectively.
4. We have implemented an open communication policy so that temporary employee issues are recognized early and addressed by Midwest Staffing Group staffing managers before they escalate.

By implementing the above practices, Midwest Staffing Group has been successful in avoiding co-employment issues with our clients. In addition, if issues should arise, we have the support of our experienced human resources and legal staff to advise and assist in these matters. We are committed to providing superior service to our clients in all aspects of our partnership, from properly managing co-employment risks to supplying a high quality workforce!

December often marks the month of performance appraisal’s for many organizations. For many managers and employee’s this is a dreaded time of year for one reason or another. Some managers procrastinate because they see the review as a hassle with little evidence that the review actually improves employee performance. The key is that if you want to motivate employees to improve their performance, start by motivating managers to do a thorough job on reviews.

Manager’s should ensure that the review is meaningful by discussing what was/was not accomplished while also focusing on what’s important to move ahead.

Secondly buy-in from the management team is essential since they utilize the forms. Through their experience in working with the forms, they may have excellent insights and suggestions on how to improve them. If the managers felt included in the review form development/improvement process, they will be more likely to comply.

A solid training system should also help motivate managers to review performance by demonstrating how individual performance benefits the organization and how managers can measure performance in an objective manner. If manager’s can clearly see the correlation between a performance review system that adds value to their margins, they will be more likely to give quality feedback to their employee’s.

Lastly, all managers should be required to conduct timely and thoughtful employee performance reviews. If managers are evaluated on the quality and the consistency with which they do their performance appraisals, there is a clear message that communicates the value to the organization. Overall, for performance reviews to be as effective as possible, managers should feel involved in the process, receive proper training and be able to see a clear correlation between the review and reaching organizational goals.

Businesses across the country are preparing for the holiday season. Instead of focusing on the differences of religious belief companies focus on the joy that the holidays bring to everyone.

Holiday decorations promote a cheerful festive ambiance into the workplace that is inviting to co-workers, clients and visitors. Not only can they symbolize the holidays but they can be uplifting during the cold dark days of winter. Keeping spirits up during these days will directly contribute to an increase in productivity, profitability and service. Dale Carnegie once said, “People rarely succeed unless they have fun in what they are doing.”

This holiday season is a great time to lift each other's spirits and show off your creativity or the creativity of your business. Here are just a few cost saving ideas to get you started.

1. Collect colored leaves and place them in a bowl with pine cones and maybe some fake berries.
2. Use small gourds, pumpkins, squashes to accent desks and counters; they can also be double as paperweights.
3. Spray paint pots, candles, bowls, and other useless items colors of the seasonal holiday.
4. Wrap hanging pictures in festive wrapping paper and a bow and then re-hang back on the wall.
5. Use paper; cut snowflakes or fold into decorative fans then glue jewels and ribbons for added effects.
6. Fill the office with colors that symbolize the holiday.

Do not tolerate your workplace spiraling into another dreary Ebenezer Scrooge like office; cater to your spirit.

Over the past several months, there have been many releases from the Federal government regarding how to keep children, elderly adults, and those with weak immune systems healthy should there be a H1N1 or other flu pandemic outbreak. While these are all important topics to consider; there are also key items that employers must be aware of regarding the spread of the H1N1 virus in the work place. This article will focus on specific labor law issues and how to prepare your organization. For more detailed information and a FAQ section, please consult the government website: http://www.flu.gov/faq/workplace_questions

In addition to considering the government’s FAQ section, it is recommended that employers also should be guided by federal employment law, as well as their own employee handbooks, manuals, and contracts (including bargaining agreements), and any applicable state or local laws.

Seasonal Flu versus a Pandemic

The first issue to consider is if the outbreak is a seasonal flu or a pandemic. According to the Occupational Safety and Health Act (OSHA), a seasonal flu is a periodic outbreak of respiratory illness in the Fall and Winter in the United States. A pandemic refers to a worldwide outbreak of influenza spread from person to person. When there is a pandemic, the likelihood of infection increases as the virus spreads throughout the population; possibly without vaccinations.

Family Medical Leave Act

An employee who has a serious health condition or is required to provide care to a qualified family member with a serious health condition may be entitled to up to twelve weeks of continuous or intermittent leave under the FMLA. The 2009 revisions to the FMLA clarified that an employer’s normal time-off polices dictate who an employee reports their absence and whether that time off will be paid. Employers still retain the right to require a medical certification for the serious health condition of an employee or a qualified family member. Employers should review their policies now to ensure that their policies are written clearly and up-to-date before a pandemic flu outbreak.

Americans with Disability Act (ADA)

Recently, the EEOC issued guidance with respect to the ADA and the H1N1 flu. Under the ADA, an employer’s ability to inquire about an employee’s disability status is limited by when the employer makes the inquiry. It is recommended that employers review when it is permissible to make such inquiries. While employers are limited in their ability to make individual employee disability inquiries, the EEOC an employer may make broad, general inquires of its workforce. For example, an employer may ask its workforce whether certain conditions (such as school closing or reduced public transportation) will affect an employee’s ability to come to work.

The Fair Labor Standards Act

Employees who are not infected and are able to work may find that they must “fill-in” for absent, infected co-workers, In turn, they may find that their job descriptions are significantly altered. A change in a job description has implications for an employee’s exempt/non-exempt status and overtime compensation. Should there be an outbreak, employers may choose to allow certain categories of employees to telecommute. This is recommended by both OSHA and the CDC, but employers should be aware that it may impact measuring and tracking time worked for exempt employees and workplace safety/workers’ compensation issue. If a telecommuting option is to be implemented, consultation with a legal counsel is recommended to ensure compliance with FLSA/workers’ compensation.

Workers Compensation

Employees who face a greater risk for infection from a pandemic flu may be entitled to workers’ compensation for their medical expenses and lost wages if they contract the virus while on the job. While this may not impact all employers equally, those in the medical/health care field should consider the implications of increased claims.

There are a multitude of employment laws that Human Resource Professionals must consider regarding the issues posed by H1N1. A proactive approach is recommended in preparing to handle various scenarios that may result from a pandemic such as increased use (and possible abuses) of sick time, increased exposure to litigation, and new government regulations. Midwest Staffing has taken a pro-active approach and has an operational contingency plan in place should a pandemic outbreak take place. We are prepared to continue to service our clients to the best of our abilities under tough circumstances!