Human Resources

Happier Holidays, the HR Way | CA Benefits Brokers

Most people, according to a new survey featured in HR Dive, have the greatest sense of belonging in their own homes. That may not be surprising news, but what is interesting is that one third of respondents felt the greatest sense of belonging in their workplace. A significant percentage, 40 percent, attribute that feeling to actions their colleagues and managers take to check in on them, both personally and professionally. Belonging improves employee retention and productivity, certainly, but it requires acknowledgement of diversity and efforts at inclusion.

This critical sense of belonging can be deepened, or hampered, during the holiday season. Beyond secular or national holidays like Thanksgiving and New Year's, the fall and winter months are full of faith-based holidays beyond Christmas. The Society for Human Resource Management has some tips as well as a list of celebrations for the coming months intended to help companies create inclusive workspaces for people of more faiths and cultures. When employees feel valued and known, they are more engaged.

Mutual respect is not only good for morale, it’s good for productivity. Some tips include sharing more about holidays in internal communications, creating luncheons that feature traditional dishes or are mindful of dietary restrictions or fasting practices, or sponsoring a service or volunteer day.

 

by Bill Olson
Originally posted on UBABenefits.com

 

The 80s Are Back, According to the NLRB | Cupertino Benefits Agency

On September 14, 2018, the National Labor Relations Board (NLRB) announced in the Federal Register a proposed rule to return its joint-employer standard to its 1984 standard — a standard that stood until 2017. It’s returning to the days of Footloose dancing, Sixteen Candles high school sweethearts, Karate Kid champions, and the principle that a joint-employer of another’s employees applies only if:

  • The employer possesses and exercises substantial, direct, and immediate control over the essential terms and conditions of employment; and

  • The employer has done so in a manner that is not limited and routine.

Under the NLRB’s proposed rule, indirect influence and contractual reservations of authority would no longer be sufficient to establish a joint-employer relationship.

Why Does This Matter to Your Business?

You may be asking, “What does a 1984 image of Kevin Bacon dancing in a barn with a Sony Walkman have anything to do with my business?” (By the way, I heard it wasn’t actually him dancing in that scene but that is completely unverified — so it’s off the record.)

Okay, 1980s hit movies don’t have anything to do with your business, but according to the NLRB, re-establishing the 1984 standard best meets the intent of the National Labor Relation Act’s joint-employer doctrine by not drawing third parties, who have not played an active role in deciding wages, benefits, or other essential terms and conditions of employment, into a collective-bargaining relationship for another employer’s employees.

What Happens Next?

The NLRB invites public comments on all aspects of the proposed rule; however, they must be received on or before November 13, 2018. Feel free to peruse our prior blog articles and law alerts on the joint-employer issue because apparently it is in constant flux. (I’d make a Back to the Future reference here but that movie wasn’t released until 1985.)

And here’s the proposed rule. Have at it . . . because you gotta cut loose.


by Samantha Yurman

Originally posted on thinkhr.com

Redesigned W-4 Form to Launch in 2020 | CA Benefits Partners

W-4 form.jpg

When will the new Form W-4 be released? In 2020, according to a press release published by the Treasury Department on September 20, 2018. The department announced that the IRS will implement a redesigned W-4 form for tax year 2020, a timeline that will allow for continued work to refine the new approach for the form.

As a result of the enactment of the 2017 Tax Cuts and Jobs Act, the Treasury Department and the IRS are revising the wage withholding system and Form W-4, Employee’s Withholding Allowance Certificate. In June 2018, the IRS released a draft redesigned form for public comment and received many suggestions for improvements, which they are working to integrate.

For tax year 2019, the IRS will release an update to the Form W-4 that is similar to the 2018 version currently in use. The 2019 form will be released in the coming weeks according to the usual practice for annual updates.

The Treasury Department and IRS will continue working closely with the payroll and the tax community as additional changes are made to the Form W-4 for use in 2020. The intent of these additional changes is to make the withholding system more accurate and more transparent to employees. The IRS will release the 2020 form and related guidance and information early enough in 2019 to allow employers and payroll processors ample time to update their systems.


by Samantha Yurman
Originally posted on thinkhr.com

Trust Equation | California Benefits Partners

We are currently living in a low-trust society as a whole — we keep hearing that news is fake, science is fake, and so on. That makes it hard for us to trust anyone and is why we need to work on building trust in the workplace more than ever. Human resources professionals and business leaders have an imperative to instill a culture of trust — not just because it is key to employee engagement, satisfaction, and performance, but also because it’s just the most human thing to do.

When you look at the foundations of trust, they are simple: People want to trust that they are going to be treated with respect, that their leaders are credible, and what they do matters. They want to know that they are secure.

There are three building blocks of trust: protection, presence, and progress. I call them my “Three Ps.”

Protection

Feeling protected is a foundational need. To earn the trust of someone else, you need to provide this protection. Your employees want to feel that the organization and their bosses are looking out for them, and that they genuinely care. Underlying the protection we all need and desire are “BLT” (just like the comforting feeling of the classic BLT sandwich): balance, love, and truth. When people feel protected, they are going to demonstrate kindness, loyalty, courage, and generosity.

When you don’t instill a sense of protection, it will stifle innovation and slow down the organization.

Presence

Presence is simple. It’s literally being present in all your interactions — meetings, one-on-one discussions, and interviews. We talk a lot about mindfulness these days, but it extends beyond the personal to the relational. Today, it feels like no one is ever present — we are all tuned in to our devices all the time. So turn off your computer, phone, tablet, watch, etc. when someone comes into your office, stay focused in conversations, and don’t bring your devices to meetings. Put your attention into what you value. Enjoy the present moment and truly experience it.

Lack of presence sends a message of lack of trust.

Progress

As humans, we constantly make progress, minute by minute. We want to know that we are moving in the right direction. How are we helping our employees make progress? Are we focused on helping them move ahead? Supporting your employees’ efforts and making progress is vital to helping them feel that you care about them fundamentally.

I have a personal philosophy of growth and recommend setting weekly growth plans. I pick one personal topic, like last week was protein, and I investigate to understand it. I also pick one work topic, like running better meetings and investigate that for the week. It’s not complicated — just pick a topic and spend the week growing at it.

Ask the Right Questions

Communicating needs is important, but it takes trust to do that. One way to develop the three Ps of trust is by asking the right questions, then really listening to the answers and acting on them. It shows you care and that you want to help people not feel like they are stranded or drowning. It tells your staff it’s safe to say that they are overwhelmed or hung up somewhere, or they don’t have the answers.

Questions for one-on-ones can include:

Protection

  • How is life?
  • Do you have any decisions you are hung up on?
  • Am I giving you the resources or information you need to do your job?
  • Do you have too much on your plate?

Presence

  • What are you worried about right now?
  • What rumors are you hearing?
  • Would you like more or less direction from me?

Progress

  • If you could pick one accomplishment to be proud of between right now and next year, what would it be?
  • What are the biggest time-wasters you encounter?
  • What type and amount of feedback works best for you?

 

by Dan Riordan
Originally posted on thinkhr.com

Ask the Experts: Marijuana and the ADA | Cupertino Benefits Firm

Question:
Is medical marijuana use protected by the Americans with Disabilities Act (ADA)? If so, what accommodations would be considered reasonable?

Answer:
You are not required to accommodate medical marijuana use under the Americans with Disabilities Act (ADA). Even though medical marijuana is legal in many states, under the federal Controlled Substances Act (CSA), marijuana is still illegal. The ADA expressly excludes people who use illegal drugs from its definition of “qualified individual with a disability.”

However, as a best practice, you should still engage in the ADA interactive process if a request for a reasonable accommodation for medical marijuana use is made. Under the ADA, employers are required to provide reasonable accommodation to qualified individuals with disabilities unless doing so would cause an undue hardship on the employer. Any request for a reasonable accommodation triggers an interactive process with the employee to determine:

  1. Whether the employee or applicant is a qualified individual with a disability, meaning they can perform the essential functions of the job with a reasonable accommodation; and
  2. What the employee’s needs are, and which appropriate accommodations could be made.

If the employee’s physician has determined that medical marijuana is the most effective treatment, a possible reasonable accommodation would be a waiver of your anti-drug policy. However, if the employee is in a safety-sensitive position, it may pose an undue hardship to make that accommodation and you should consider any other possible accommodations before denying the request.

There are no reasonable accommodations that would work in every circumstance. You will need to review the essential functions and safety requirements of the job with the employee to determine what types of reasonable accommodations may be acceptable while not imposing an undue hardship.

The Courts May Not Concur

While medical marijuana use is not protected by the ADA, this is being challenged at the state level. For example, in July 2017, the Massachusetts Supreme Judicial Court held in Barbuto v. Advantage Sales and Marketing that an employee who was fired after testing positive for marijuana could proceed with a “handicap discrimination” claim under the Massachusetts Fair Employment Practices Act.

In allowing the employee’s discrimination claim to go forward, the Court expressly rejected the employer’s argument that, because marijuana is illegal under federal law, requiring an employer to accommodate medical marijuana use is per se unreasonable.

Instead, the Court held that, at a minimum, the employer was obligated to engage in an interactive dialogue concerning the employee’s ongoing medicinal marijuana use before terminating her employment. The Court did not rule out the possibility that accommodating medicinal marijuana use could pose an undue hardship, leaving that issue open for the employer to address at a later date.


Originally posted on thinkhr.com