Your Employee’s Work email expectation of privacy – New Supreme Court Decision adds some clarity. The latest Supreme Court ruling help that a California police department’s review of sexually charged text messages sent by the officer to his wife and to his mistress from his employer-issued pager, did not constitute an invasion of the employee’s privacy. This overturned a previous ruling by the 9th Circuit. (Link to the full opinion in City of Ontario v. Quon).   As a business owner, you should take note that the Supreme Court’s decision was largely motivated by concept that the police department’s review of the messages was in line with its policy and was conducted for a valid business reason. Also, that the implications of the decision on the employees texts in this case could also be seen to apply to the work email expectation of privacy for the average employee.   The officer had exceeded the allotted monthly number of messaged approved for his text pager and, according with policy, ...

  DOL says you may have to compensate employees for time spent putting on protective equipment required by law. The new Department of Labor’s (DOL) Administrator’s Interpretation, issued by Deputy Administrator Nancy J. Leppink), concerns whether you have to pay for the time employees use to change put on and take off protective equipment required by law. It’s entitles “SUBJECT: Section 3(o) of the Fair Labor Standards Act, 29 U.S.C.  203(o), and the definition of clothes.” (Administrator's Interpretation No. 2010-2)   Under the Fair Labor and Standards Act, you don’t have to pay employees for their time spend changing clothes or washing at the beginning or end of each workday. But, this new Administrator’s Interpretation explains that safety equipment is going to be treated separately, and that changing into and out of protective equipment required by law is now time that your employees will be compensated for.   So, if your employees are just putting on uniforms, then it’s prob ...

  Restaurant Employee Benefit Service Tips For the Small Restaurant   Small restaurant owners often find it difficult to compete for talent with larger restaurants regarding employee benefits. In an industry where 100-precent yearly turnover is the norm, most independent restaurants do not offer extensive benefits packages. By outsourcing your payroll and HR responsibilities to a professional employer organization (PEO), a small restaurant can level the playing field, and offer its employees the same benefits as a chain.   Frequently, things as small as direct deposit and a small benefit plans for dental and vision contribute to increased employee retention. Many restaurants see a change by letting an employee benefits service focus on these things for them. Lower Premiums The economies of scale provided by PEOs are helpful when procuring and administering health insurance benefits. By pulling all of its clients’ insurance premiums together and aggregating all of its worksite employ ...

  Employee Benefits Cost Advantages to Restaurants that outsource HR When a restaurant considers outsourcing its HR functions, it normally takes into account some estimated employee benefits cost advantages. But many of the advantages go beyond having your employees take advantage of group benefits rates through the PEO company.   By using an outsource, restaurant owners can relieve themselves of the costly administrative burdens of managing:   Claims management Direct Deposits Payroll Taxes Applying the complex laws governing wages and tips that can make managing restaurant payrolls extremely difficult to manage.   A PEO can help reduce the employee benefits cost and the risk of compliance penalties through: Arranging for competitive health coverage. Creating a I-9 compliance evaluation, which ensures that all employees are compliant with INS regulations and avoiding penalties. Performing a payroll process audit to make recommendations to st ...

Slip and Fall Workmans Comp – Tips for Risk Management for Restaurant Business Owners Slip and Fall Workmans comp insurance covers the slips and falls, as well as occasional accidents, but accounts for one the fastest growing labor costs. Premiums for workmans comp have risen 50 percent nationwide in the last three years - the fastest pace in a decade, according to the New York City-based Insurance Information Institute.   Due to food handling and preparation, restaurants have to comply with more regulations and compliance issues than ninety percent of the general business population.   Today workplace health and safety is more crucial than ever before to a small business’s long-term success. Dealing with the unexpected, the Swine Flu scare, along with constant recession-driven layoffs, is driving the cost of workers’ compensation premiums.   Workmans Comp accidents cost money such as direct costs: Medical expenses Compensation expenses There are indirect costs as w ...

Are your discrimination claims going up? You need a HR partner. Here’s why. USA Today recently ran an informative article, based on recently release EEOC data, on why your discrimination claims are going up. Understanding the effects of recent market and discrimination law changes will help you better prepare for what’s ahead for you. Contributing Factors to more claims: Changes to the Americans with Disabilities Act last year made it easier for people with treatable conditions to say they are disabled (epilepsy, diabetes, etc.) Legislation signed into law by President George W. Bush before he left office directs courts to apply the definition of disability more generously. We have a more diverse workplace with people from all over the world and made up of many races. The economic environment seems to be contributing to employees being more aware of their rights. Changes at the EEOC filing processes (and EEOC website) have been made it easier for an employees to learn abou ...

Why national unemployment levels mean legal hassles for you. As a business owner, you should understand that a significant level of unemployment is the largest predictor of an increase in employee lawsuits relative. Understandably, employers face difficult questions and concerns during a weakened economy What is the process for an employee’s layoff? Which employment laws are relevant? How can I avoid an employee lawsuit? How do I combat lowered employee morale? A downsizing employer is expected to navigate a complex legal and human resources minefield, and must get its answers right the first time. Employers will increasingly seek legal guidance to minimize risk when answering these critical questions and dealing with laws. You may need compliance assistance (or a shoulder to cry on) during an isolated layoff, You should develop a strategic reduction-in-force plan while consulting your legal resources. In this way, you can avoid looming legal hassles that are charac ...

What does PEO stand for? What is a PEO? If you’re asking yourself, “What does PEO stand for?”, then you should know that, professional employer organizations (PEOs) are in the business of being an outsource for companies that want to focus on their core business model. PEOs provide the ability to outsource: Human Resources Employee Benefits Payroll Workers’ Compensation Many businesses today see the value in outsourcing the parts of their business that don’t focus on their expertise at revenue-producing and operational efforts. A few benefits of using a PEO are: Lower payroll processing costs with higher reliability concerning documentation and regulatory requirements Using their HR legal resources to lower their risk of employee lawsuits Professionally dealing with compensation and unemployment insurance claims. Improved employment practices, compliance and risk management to reduce liabilities. Access to a comprehensive employee benefits packag ...

Having an employee sign a separation agreement doesn’t cover you completely. If you offer a severance, a separation agreement and general release is essential to secure the release of employment-related claims. Keep in mind that not all claims can be released by an employee, Including: Wage and hour claims Certain workers' compensation-related claims Family and Medical Leave Act (FMLA) claims (courts are split over this issue). Additionally, an employer cannot bar an employee from filing a charge of discrimination (although it can prevent an employee from obtaining related monetary relief thereunder). Because of varying local/state employment laws, employers should be encouraged to seek outside counsel for separation agreement drafting and review. A separation agreement should be clearly written and must comply with local, state, and federal law. Important factors must be considered when negotiating severance and drafting a separation agreement. Modern Business Associ ...

Employee discipline documentation is your friend when preparing for a layoff. Documentation of employee discipline is critical when building a list of potential candidates for a lay off. Employee discipline documentation is one of the most important aspect to adding credibility to recommending an “inflexible” or “weak link” employee for a layoff list. However, it is too often the case that management cannot support its rationale with documented employee discipline. In those instances, the employer's decision about who to include in the lay off can be used by former employees to bolster discrimination allegations. Document your poor performers before considering a layoff. Fighting costly legal battles can quickly offset savings achieved during a layoff. A June 2008 Supreme Court decision has made lay offs even riskier for employers. In Meacham et al. v. Knolls Atomic Power Laboratory, the court determined that an employer must bear the burden of proving the "reasonableness" of factors other ...