What is the legal definition of harassment? At least a few times a year, one of your managers, or one of their employees, will get into a situation and need to ask, “What is the legal definition of harassment?” Now, while this is usually a very loaded and stress inducing question to be asked by a manager, this article will just focus on giving you an overview of the legal definition.   So, what is the legal definition of harassment? Harassment is a kind of discrimination that can erupt from a handful of different categories. First, let’s highlight a few of the different types: Sexual harassment Unwanted sexually explicit words or advances, gestures and images. Applying a positive or negative personnel action based on accepting or refusing sexual advances. Can also be based on negative treatment on the basis of gender. Race harassment Most often occurs as offensive comments, jokes, gestures. Includes even when the victim and harasser are the same race. Religiou ...

Types of workplace harassment Workplace harassment comes in a variety of deliveries and categories.   The harassment delivery mediums include: In person In writing By telephone Via e-mail Types of workplace harassment can also occur through any other means of communication. (text messaging, instant messaging) Harassment can be physical, verbal or visual. Examples of verbal harassment include but are not limited to unwelcome comments, jokes, insults and name-calling. It can include any other words and conduct that demean, stigmatize, intimidate, or single out a person because of his or her sex, race, color, religion, national origin, age, disability or other legally protected status.   Examples of physical or visual types of workplace harassment include but are not limited to unwelcome physical contact, damaging personal property, possession or display of derogatory pictures or other graphic materials.   The most frequent types of workplace harassment occur ...

  U.S. Child Labor Laws - Changes that may affect your business   The Fair Labor Standards Act (FLSA) Child-Labor Regulations have recently been revised. On July, 19, 2010, the final revisions to the child-labor regulations under the Fair Labor Standards Act will become legally effective.   The Department of Labor has been receiving comments on these most recent suggested regulation changes to the U.S. child labor laws since 2007. The DOL states that these revisions are supposed to make it easier for people under that age if 18 to get a job. These revisions only apply to non-agricultural positions. The Department of Labor (DOL) is scheduled to revise the provisions concerning minors in agricultural employment. The revisions single out industries like banking, information technology and advertising.    While the regulations offer an array of rules to follow, the most recent revisions address specific issues:   There is a provision permitting 14 and 15 year olds to wo ...

  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 ...

Designing an Internship Program   Designing an Internship Program can create a great way to pave the way to create relationships with local schools and pave the way to boosting your recruiting program. It’s not uncommon for over 20% of a company’s new-hires to come from its internship program.   Then designing an internship program, several factors should be considered:   Strategic Planning Will your internship program be available year-round? Post openings at least eight weeks from the start date. Will they need workspace? Will they need computer access? What kinds of meaningful projects will they participate in?   Supervising Since internships are generally a training type of program, they will typically need a greater amount of supervision than the normal employees. Each intern will need to be welcomed to the company and taken through many of the normal employee orientation efforts, like security, facility accommodations, punch in/out procedures, etc. ...

Federal Employment Posters Update – Use the new NLRA poster by June 21st to stay in compliance. Now, under the National Labor Relations Act (NLRA), most federal contractors and subcontractors, by law, must inform employees of their rights.    The Department of Labor's regulations implement Executive Order (E.O.) 13496 E.O. 13496 advances the Administration's goal of promoting economy and efficiency of Federal government procurement by ensuring that workers employed in the private sector and engaged in activity related to the performance of Federal government contracts are informed of their rights to form, join, or assist a union and bargain collectively with their employer. Knowledge of such basic statutory rights promotes stable labor-management relations, thus reducing costs to the Federal government.   Pursuant to Executive Order 13496 and its implementing regulations, 29 C.F.R. Part 471, Federal contractors and subcontractors, beginning on June 21, 2010, must notify employees about t ...

Fair Labor Standards Act (FLSA) and nonpaid internships: Quiz   The Fair Labor Standards Act (FLSA) requires that nonexempt employees receive at least minimum wage for all hours worked and must also receive time-and-a-half pay for all hours worked more than 40 during the workweek.   While the FLSA doesn't define what an intern is, nor provide an exemption from minimum wages or overtime for interns, it does define an employee as "any individual employed by an employer." The definition of "employ" under the FLSA "includes to suffer or permit to work."   Under federal law, for-profit organizations must pay workers unless the position fits six criteria. The following quiz helps to illustrate the six criteria.   Would the employee be correctly classified as a “Coordinator”, “Trainee”, or “Intern”? For an unpaid internship to be lawful under the Fair Labor Standards Act (“FLSA”), the intern must be classified as a “trainee” rather than an employee.    Does the training nee ...

Health Reform Bill HR3590 Update - Simple Cafeteria Plans

The American Society of Pension Professionals & Actuaries published an article summarizing "Simple Cafeteria Plans" that are available starting January 1, 2011, under the health reform bill (HR 3590).  Please use the link below to access:

 

http://www.asppa.org/Document-Vault/PDFs/ASAPs/2010/10-13.aspx

 

  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 ...