The OFCCP is preparing to send out a new round of Corporate Scheduling Announcement Letters (CSALs). These letters provide the federal contractor with advanced notice that they are targeted for an audit. Although this round of letters is primarily targeted toward contractors with multiple facilities, other federal contractors and subcontractors may also be on the list as potential recipients of a notice of desk audit (generally without benefit of receiving one of the advanced scheduling announcement letters).
Notice of desk audit and CSALs are typically addressed to the company CEO. We recommend HR staff members advise their CEOs to keep a close eye on any letters from the Department of Labor, Office of Federal Contract Compliance Programs. All contractors are encouraged to review your current Affirmative Action Plan documents and adverse impact analysis reports, particularly hires/applicant flow and compensation. As is the intent of Affirmative Action, be proactive in identifying and addressing potential issues before receiving the audit notice. This work now will help ensure a positive outcome if your company is selected for audit.
As a reminder, if your company receives a notice of desk audit, you only have 30 days to respond. If you need any assistance or have any questions, please contact a Cascade staff member at 503-585-4320.
Question: We have an employee who has had performance problems that recently went out on Family Medical Leave. Since she has been gone, things have actually improved in her department. When she comes back, we would like to put her in a different position that we feel would better suit her strengths. Is there any risk if we do this?
Answer:Yes. According to both federal and state family medical leave laws, the employee is entitled to her exact same job when she returns from leave. When the employee returns from leave, you are required to restore her to her same position and manage her performance, as you would any other employee. If she is unable to meet your expectations, then you can take action based on your documentation of her performance.
AnswerSource is a free helpline for Cascade Members and one of your most valuable membership benefits. Call 866.232.7378 or e-Mail firstname.lastname@example.org for fast answers to frequently asked questions.
Can an employee's derogatory and negative comments about their supervisor on their personal Facebook account be considered "concerted activity" protected under the National Labor Relations Act? The National Labor Relations Board seems to think so.
The case at issue involves an employee from American Medical Response who was fired for posting extremely negative comments about her supervisor on her own personal Facebook account. The Company claims she was fired for a long history of poor behavior which resulted in multiple complaints. The National Labor Relations Board found that the employee's posts should be considered protected activity and that the firing was unlawful.
This case has serious implications for all employers in the ever developing world of social media. For a thorough discussion about this case and what it means for your workplace, attend our annual Compliance Update on December 2. A hearing on this case is set for January 25, 2011.
The EEOC recently released regulations implementing the Genetic Information Nondiscrimination Act. GINA prohibits use of genetic information in decisions about health insurance and employment, and also limits acquiring and disclosing such information.
Under the final regulations, employers are prohibited from receiving any of an employee's genetic information from health care providers, except in specific circumstances such as family medical history acquired as part of the certification process for FMLA leave (or leave under similar state or local laws) where an employee is asking for leave to care for a family member with a serious health condition.
Consistent enforcement of policies is one of the most common frustrations we hear about. Are you familiar with that frustration? Are you tired of saying "No" to your supervisors and managers? A supervisor manual may be just what you need. What problems can a supervisor manual solve? What should it include? Attend our upcoming Webinar to learn the answers to these questions and how it can help you, your supervisors, and your managers.
This Webinar is for you if any of the following apply to your organization:
Supervisors and/or managers make decisions based on personal relationships
Supervisors and/or managers in different departments do not enforce policies in the same way
Supervisors and/or managers don't have a tool explaining company expectations in enforcing policies
You have received employee complaints about fairness
You have a lot of informal and unwritten policies and practices
You have high turnover - maybe only in specific departments
Employee morale is a concern
You have supervisors and/or managers who have moved up through the ranks with little or no training on the basics of supervision and leadership
There is no incentive for supervisors and/or managers to consistently enforce policies
Supervisors and/or managers regularly ask what the policy or practice is regarding employee issues
You know the feeling: that sense of being completely swamped and overwhelmed. The other side of the coin, overload, leaves you feeling used up and burned out, unavailable and oddly apathetic. No matter which side you're on, you've got too much to handle and too few resources, internally or externally.
Overwhelm and overload are not the same thing. Overwhelm happens when you're rushed, panicked, and out of control; you're running, but not in a particular direction or toward a particular goal. Overload stops you in your tracks and leaves you standing still, blocked, or procrastinating. Both are hazardous to your productivity and your self-esteem. It's hard to feel good about yourself when you're trying to drink through a fire hose or burned to a crisp.
Because overwhelm and overload aren't the same thing, you can't fix them in the same way. Overwhelm responds well to getting everything out of your head and onto lists, exercising, and taking time out to breathe. Overload requires carefully thought-out action, engaging in routine, and getting perspective on why you took on these tasks in the first place.
Being discerning about what you take on prevents both overwhelm and overload. If you can't see how an opportunity fits in your wheelhouse—that sweet-spot intersection of your strengths, non-negotiables, passion, time, energy, and resources—then that's a huge red flag indicating potential trouble ahead.
Are you feeling overloaded or overwhelmed? Tara will be recording a webinar that will be released in January that specifically addresses the tools you can use to conquer being overwhelmed or overloaded. Click here for more information.
Bio: Known as The Productivity Maven, Tara Rodden Robinson is an author, coach, and educator. You can learn more about her by visiting her website: www.theproductivitymaven.com.
According to Cascade’s October Dollars & Sense poll results, 71% of all participants answered "Annually" when asked, "How often do you conduct formal performance appraisals?" These results are similar to other data collected both in Oregon and across the United States (see chart below)*.
Contact Cascade to see if other elements of your performance appraisal system align with competitive practices or if your organization would like to be advised on conducting formal performance appraisals.
This is the time of year when the world of Human Resources is jolted into looking at the beginning of the next year. Where does the time go? It has flown by for many of us, and that realization brings us back to the hub that the wheel of HR turns around - compliance. Before the end of the year, make sure you check that your handbook is ready for 2011 with any compliance and organizational changes that have occurred in 2010.
When was your employee handbook or policy manual last reviewed? Employment relationships are continually redefined by state and federal legislation, administrative regulations and court decisions. An employee handbook represents, in part, an Employer's definition of its relationship with employees. Periodic legal review of policies is a prudent practice.
Cascade's team can offer a variety of solutions to bring your handbook current. Many companies want to begin from scratch and put a brand new handbook in place while some organizations only request a legal review of the handbook that they already have. Contact Cascade for your update. It's time to feel confident in your handbook.