Global Fastener News

“If you don’t want to be the test case, the smart thing is to do what the law says,” human resources consultant Nancye M. Combs advised the Specialty Tools & Fasteners Distributors Association.

Combs presented a summary of top HR challenges for 2016:

Among the issue on Combs’ list of  Top HR Challenges:

 •  Laws protecting LGBT employees are state and local.  There is no federal law thus far.  Sexual orientation is protected under Title VII.

The HR challenges are in hiring, benefits and leaves of absence.

“Your personal opinion doesn’t matter,” Combs explained. 

The main transgender issues involve restrooms and locker rooms, Combs said.

A key is proper identification.  A transgender employee may want to use a new name, but for employment purposes the payroll name must match the employee’s Social Security card, Combs emphasized.  Employers can be fined $100 for each wrong name.

There are other issues, such as granting a leave of absence for transgender re-assignment treatments.  Cosmetic treatments do not come under the Family Medical Leave Act, she noted.

 •  Reasonable Accommodation during pregnancy is an issue in 2016, Combs said.  The Illinois case of Young vs. UPS brought up lifting by a pregnant delivery driver. 

“The ability of an employee to work will be a decision between the employee and the attending physician.  Employees, who are pregnant or were recently pregnant, may receive a workplace accommodation when medically prescribed, unless to do so will create an undue hardship for the company.”

 • Paid sick leave:  “‘Use it or lose it’ is out the window,” Combs said. “Accrued sick leave is always paid.”

There is the federal Family & Medical Leave law, plus some state laws.

“Sick Leave” is separate from “Paid Time Off.”  The current sick leave laws started in San Francisco and went on to Seattle, Jersey City, Portland, Connecticut and District of Columbia.  California law applies to even a company with just one employee.

PTO grants employees up to three days annually for unavoidable absence for personal or family health issues.  Absences must be verifiable, Combs noted.  Up to three days may be carried forward to total as much as 40 hours.

 • The National Labor Relations Board opinions have protected employees’ comments such as “I hate my company” because employees “have a right to grieve.”

A Costco social media policy sought to limit statements posted electronically that damage the company or defame individuals. The NLRB ruled the Costco policy was too broad, interferes with employee Section 7 rights and implies restriction.

Employer written policies must be easy to understand, avoid “ambiguous” terms and allow employee complaints, Combs counseled.  Two questions employers should ask about written policy are “Have we given examples of what we mean by ‘disrespectful’ or ‘infringement’?” and “Have we given employees a reference to a broader policy when what we write is brief?”

 • Workplace wearables is an issue the NLRB is currently considering.  Combs termed the some aspects of the current situation as “walking on eggs.” 

Recording devises, remote microphones and cameras pose problems.  Combs recommended prohibiting photos under any circumstances.  Companies should prohibit recording conversation unless it is within NLRA Section 7 protection.

Company documents may not be uploaded on personal phones and company work must be on company equipment, she advised.

Personal cell phones should be silenced during work time and only used for essential calls, texting or emailing.  If a specific job involves dangerous procedures, then personal phones can be prohibited. 

“The sudden ring or vibration of the personal phone can be startling or distracting,” Combs explained, comparing cell phone rules to “steel toed shoes.”

 • The IRS, Dept. of Labor and states are investigating independent contractor status to find “misclassification.”  The penalty for employers can be back pay, taxes, benefits and fines.  The IRS has a 20-factor list.

 • Effective December 1, 2016, about five million employees became entitled to overtime pay.  The new policy affects the past “White Collar” exemption and increases the salary level covered to $913 per week.  Combs advised employers to “check every position for exemption status,” including executive, administrative, technical and professional roles.  If an employee is paid under $913 per week, “they must be paid overtime regardless,” Combs pointed out. 

Monitor all OT to avoid “overtime creep,” she added.

 • Employers and their insurers want a drug-free workplace.  Employers need to promote “If you are wired, you are fired.”

The five federal illegal drugs include cannabis and federal law supersedes state law.

For more of Combs’ HR advice and a sample employee handbook:  stafda.org