In local news, eyes are focused on Costa Mesa, California, a city neighboring GHRO’s headquarter city of Irvine.  The City of Costa Mesa faces a budgetary dilemma: a dilemma it plans to solve through outsourcing many city services.  On the list to be outsourced are in-house information technology, maintenance services, employee benefits administration, and payroll staff, among others.  In six months, these employees will be looking for jobs.  It’s tough news and a tough lesson about how outsourcing has long kept the government afloat.

According to an article in Federal Computer Week, outside contractors have proved a long-indispensible government resource.  Outsourcing allows the government to perform work beyond its typical staffing, equipment, or monetary resources. It also creates a more efficient government through reduced costs and increased productivity.  In a time of budgetary concerns, outsourcing may be the only way the public sector, and even small private-sector businesses, can maintain necessary service levels.

Cost-savings occurs, in part, because contractors cost less than permanent employees.  Last year, USA Today reported that government employees received roughly $28,000 in annual benefits—over $12,000 more than their private-sector counterparts.  Data has also shown that pay rates in state and local government increase faster than private-sector rates.  Total compensation at all levels of government tends to be higher.

But lower pricing isn’t the only benefit of outsourcing services.  Outsourcing to private companies often results in new, fresh ideas beyond the government status quo.  Outsourcing is a great resource for small, private businesses, too!  It allows businesses to receive services they may not otherwise have been able to maintain or afford.  For instance, outsourcing human resources tasks to GHRO allows businesses to meet their HR needs, from hiring, payroll, employee benefits, to the latest in HR regulations and trends, at a fraction of the cost of maintaining an in-house HR department.  It is low-cost efficiency at its best.

How can HR outsourcing benefit you?  Contact GHRO today for a free quote!

Last month’s blog about the employer-employee Facebook saga scored one for employees, but the latest installment gives the edge to employers.  A recent case heard in a Georgia federal appeals court ruled that employees can be fired over their social-networking photos.

Tiffany Marshall, a Savannah probationary firefighter, lost her job over her Myspace photos.  These images featured Marshall and her coworkers in uniform, as well as several semi-clothed photos of Marshall, including one showing her bare backside.  An anonymous caller alerted Marshall’s supervisors to the photos.  Investigation found that Marshall had violated multiple Savannah Fire Department rules and regulations, particularly the section on displaying “unbecoming conduct” in her private life that discredited the department.  In response to the photos, the department gave Marshall a verbal reprimand and issued a general order reminding employees that department photos could not be used on personal websites without the fire chief’s express permission.

Marshall’s response to the reprimand led to her termination.  After she allegedly became defensive and combative, contending she’d been singled out as a female because male firefighters had not been disciplined for similar photos on their websites, she was fired for insubordination.  Marshall then sued for gender discrimination.  The court, which found no evidence of discrimination or violation of First Amendment free speech rights, dismissed her case.

What does this decision mean for employers?  A solid social media policy may be enforceable in court.  To be effective, the policy should clearly address work-related images and social postings, and disclose the employer’s right to review such media for compliance with employer regulations.  While drafting a policy, employers should remember that the National Labor Relations Act protects employees’ rights to discuss workplace activities.  Bottom line: employees’ social networking posts can’t be silenced, but can be guided by a carefully worded social media policy.

No, it’s not the latest Patricia Cornwell novel—it’s a recent court ruling on an FMLA-related lawsuit.  The ruling held that even employees on FMLA leave are required to give proper notice and to follow their employer’s call-in policies.

In 2008, Jordan To brought suit against his former employer, U.S. Bank, for violating his rights by terminating him during FMLA leave.  After months of military leave, To failed to return to his clerk job as scheduled on August 4, 2008.  He spoke to his U.S. Bank supervisors via conference call and explained he wasn’t feeling well and needed time to recuperate.  To’s supervisors asked for a doctor’s note to return to work, which To provided.  One week later, when To failed to report for work as expected, he spoke to his supervisor and sent another doctor’s note.  A week after that, To not only failed to report for work, but did not notify anyone at U.S. Bank for four days.  On the third day, U.S. Bank sent a termination letter to To, citing job abandonment.  Upon receiving the letter, To claimed a third doctor’s note had been faxed to excuse the current absence—a note U.S. Bank did not receive and a note To could not produce.  Given the status of the missing note, U.S. Bank upheld To’s termination.  To sued.

Is this a case of wrongful termination under FMLA law?

The answer lies in U.S. Bank’s employment policies at the time of To’s absence.  As explained in the “Reporting Absences” provision of its employee handbook, U.S. Bank’s call-in policy stated that absence requests must be reported as soon as the employee becomes aware of such a need—that is, the employee provides reasonable notice.  The policy also stated that all absences must be reported by speaking directly to the employee’s supervisor, not through voicemail or e-mail.  The handbook also contained a “Job Abandonment” provision, which stated that after two consecutive days, an unreported absence would be considered voluntary job abandonment.  Both provisions specifically included FMLA absences under their umbrellas.

Giving To the benefit of the doubt, assume U.S. Bank legitimately failed to receive his faxed doctor’s note.  In that case, the note should have satisfied the “reasonable notice” requirement of U.S. Bank’s absence-reporting policy.  But note or no note, To violated the “call-in” requirement when he failed to directly notify his supervisor.  The FMLA angle of his case had no bearing, because FMLA absence requests are legally expected to follow employer policy on standard absence requests.  Clearly, To did not comply with his employer’s call-in policy.  The court thought so, too—it ruled against To and upheld his termination.

It’s Valentine’s Day and love is in the air.  If you’re in the office today, you’re likely to see coworkers receiving heart-shaped boxes of chocolates and lavish bouquets of lilies from their loved ones.  But what if such a display of affection occurs between coworkers?

Workplace relationships can pose a wealth of potential problems, from discrimination to sexual harassment.  These issues can be especially complicated for businesses that don’t clearly address workplace relationships in their employee handbooks.  If it’s too late to set policy amidst burgeoning love, supervisors and HR representatives will have to rely on their common sense to handle workplace relationships.  To make that process easier, remember to PREP by being:

Professional: When talking to employees, keep comments business related by addressing productivity, performance, and professional conduct.  Don’t discuss anything personal, and remember that any personal information confided in you should be kept strictly confidential.

Reasonable: Be reasonable about the demands placed on your employees.  They spend a lot of time together, which can naturally foster closeness.  Without a written policy to address workplace relationships, your response can only extend so far.  You can’t ask employees not to date, and even if you could, more problems could be created by enforcing unrealistic rules.

Equitable: As a matter of good HR practice, it’s important to treat all employees (and all workplace relationships) the same.  This applies even if the relationship involves an extramarital affair.

Proactive: After a relationship problem arises, it’s too late to implement a formal company policy, so don’t attempt enforcement beyond what federal, state, or local laws require.  Instead, talk with management about establishing a written policy to address workplace relationships.  A clear policy will be the best way to manage future workplace relationship issues.

With or without a formal policy, when a workplace relationship ends, things could get messy for both the former couple and the HR Department.  What was once welcome personal attention could now be considered unwelcome sexual harassment.  During the relationship, it may have been common for one partner to frequent the other’s desk to chat, but that chat may now make the other partner uncomfortable.  If left unaddressed, this unwanted conduct could easily snowball into a sexual harassment issue.

That’s why it’s best to catch these issues early.  As an HR representative, start by sitting down separately with each employee to clarify what professional behavior means to them and to your business.  Outlining professional standards may be enough to stop the unwanted conduct, but if the behavior continues, these conversations are a good starting point for potential disciplinary action.  Remember, everything should be documented, from the complaint to the sit-down conversations, to create a solid base for future action.  It’s important to take these issues seriously as professional matters and not just private conflicts.

Times are looking up for the once-struggling American auto industry, which means good news—and shared profits—for industry employees.

Last month, Ford Motor Co. paid $5,000 in profit sharing to each of its hourly workers, which was more than its contract with the labor union required.  And though Chrysler Group LLC did not make any money last year, the company still paid $750 to each of its hourly workers to thank them for standing by during recovery efforts.  Following suit, General Motors Co. is poised to pay each of its 45,000 hourly workers at least $3,000 in profit sharing.  This will mark GM’s largest ever payout, crushing 1999’s previous record of $1,775.

GM’s move comes as 2010 saw the company solidly back in the black for the first time since 2004, and just one year after a highly publicized $50 billion government bailout.  In those darker days, GM was forced to restructure by closing domestic factories and slicing more than 20,000 jobs, including much of its white-collar workforce.  Moving into the future, GM executives have expressed interest in compensating hourly workers according to their performance, much like the way salaried workers are compensated.  It should also be noted that salaried workers will not be receiving across-the-board raises.

As businesses gradually return to hiring new employees, they may feel out of practice when developing recruitment strategies.  This is a good time to revisit how to attract the best and brightest with effectively written job descriptions.  It goes without saying; the best job description will clearly lay out the duties and expectations of the position.  The information that should not be included in a job description may be less obvious.  Job descriptions should be free of errors and potentially misleading statements that could upset employees and pose potential legal troubles.

To make sure your latest round of job descriptions isn’t saying more than you mean, be careful to avoid these common wording mistakes.

1. Elaborate Job Titles – To prevent misunderstandings, it’s important to use plain English in job descriptions, particularly in job titles.  It may be tempting to reword job titles to sound more attractive to candidates.  That’s how a secretary can become an office administrator or a janitor can become the director of waste management.  This seemingly innocent reinvention could mislead candidates, or worse, affect the position’s overtime eligibility under the Fair Labor Standards Act.
2. Excessive Physical Requirements – Every job has some sort of physical requirement.  An office worker may be required to move boxes of office supplies or copy paper, while a warehouse worker may be required to regularly lift and carry heavy loads of inventory.  The typical problem is, nobody really knows the realistic lifting limit for those jobs.  An arbitrary figure, such as 50 pounds, is often used in the job description.  This may seem like a good idea to cover the bases, but a candidate who can’t fulfill that requirement won’t see it that way.  Any arbitrary physical requirement opens the door for discrimination lawsuits, so be certain any physical requirements in a job description are accurate.
3. Promises of Advancement – Job descriptions should describe the available position, not tout future advancement opportunities.  This includes avoiding language such as, “This position is the first step toward [a higher position],” as this may imply a future promise of advancement or an employment contract.  To avoid this potential pitfall, keep the job description simple and focused on the position at hand.

This week’s record-breaking winter weather has walloped over 30 states and affected one in three Americans.  In weather this severe, emergency officials advised people not to travel unless absolutely necessary, lest they get stuck in blinding conditions or massive snow drifts.  To many, the thought of curling up under a blanket beats going out in a blizzard any day.  So the kids get to stay home on snow days, but when do their parents get to stay home from work?

The truth is, employment law doesn’t dictate when a business must close for weather—closing a business is solely the employer’s judgment call.  Many businesses may choose to stay open in severe weather, depending on demand for their goods and services.  This is especially true of grocery stores, gas stations, hotels, and public-service industries like police and fire departments, hospitals, and snow plow operations.  It makes business sense to stay operational if there is legitimate work to be done, even in a blizzard.  Plus, businesses in areas that are used to winter snow will be less inclined to close due to weather, thanks to efficient snow removal.

But what happens to employees when businesses make the call to close?  From a human resources standpoint, businesses that close for weather are not required to pay hourly or non-exempt workers.  Like any other workday, these employees must be compensated only for the hours actually worked.  Exempt employees are another matter.  Businesses that close for a few days due to weather must pay their exempt employees who were ready and able to report to work.  On the flip side, businesses do not have to pay exempt employees who were unavailable to report to work, for example, due to the weather, transportation, or child care issues.  An exception occurs when businesses close for an entire payroll week because of weather, flood, or power outage.  Under these circumstances, exempt employees who perform no work for the week—not even checking e-mail from home—are not required to be paid.

I’m assuming that many of you are active Human Resources professionals, and as such you’re responsible for everything from evaluating candidates, posting job descriptions, to handling employee’s questions regarding their retirement, and making sure their benefits are in order. However, for the focus of this post, I’d like to offer some insights regarding the hiring process from the perspective of a candidate who has been searching for a job for quite a while. Anyhow, take from my thoughts what you will! I hope I can be of some help.

The first area I’d like to offer my advice in is to say this: avoid confusing job descriptions. Now, I’m sure you do your best to write good job descriptions, but I still want to counsel you to try to look at what you’re writing from the perspective of a desperate job hunter. The vague job descriptions bring in all sorts of desperate people, many of whom are unqualified, who justify their applying for a job they’re clearly not capable of doing because the job description is unclear.

Secondly, you should try to make the interview process as easy as possible for the candidate to navigate. This means telling the candidate the basic information up front. You’d be surprised at how many interviews I’ve been invited to attend, only to have to call back later and ask for directions, for the names and positions of the people who will be interviewing me, and how long I can expect the interview to last and any other special considerations. Job candidates who are asked to interview are already stressed as it is; try to make the process easy on them.

Finally, once the interview is over, be in touch with the candidate, regardless of the outcome. I’ve sat through interviews that I thought were going well, only to leave without knowing what the process going forward is. I’ve had several places not call me to inform me of their decision. If you invite someone in for an interview, it’s only right that you follow up, even if that person did not make the cut.

I realize that many of you are already doing your jobs well, and probably do these things above all the time. So this isn’t a criticism at all. Instead, it’s just a gentle hello from the other side of the job application website, saying “Don’t forget about me!”

By-line:

This guest post is contributed by Alisa Gilbert, who writes on the topics of bachelors degree.  She welcomes your comments at her email Id: alisagilbert599@gmail.com.

So far, you’ve learned when to update your business’ employee handbook and how to avoid potential handbook horrors.  In our third and final entry into our employee handbook series, you’ll find out key points to include in any effective handbook.

When properly prepared, the employee handbook should be a critical communication tool between your business and its employees.  Your handbook should explain your business’ expectations from its employees and establish what your employees can expect from the business.  This information should be presented in a clear and easy-to-understand fashion.

Here are ten essential items that should be included in every employee handbook:

1. A form acknowledging the employee’s receipt of the handbook
2. A disclaimer reserving the employer’s right to change the handbook’s content in the future
3. The organization’s mission statement
4. Recruitment practices, including how open positions are posted and filled
5. Salary administration practices, including merit increases and performance reviews
6. Computer and Internet use policy
7. Employee code of conduct
8. Absence policy, including maternity leave, bereavement leave, and jury duty
9. Complaint and grievance procedures
10. Guidelines for employment termination

It’s 2011, and with a new year brings a new way to steer your small business toward success!  One strategy you might not have considered: enlisting a professional employer organization (PEO) like Global Human Resources Outsourcing to take care of your business’ Human Resources needs.  By partnering with a PEO like GHRO, your business will benefit from a skilled and efficient Human Resources team at a fraction of the cost of maintaining an internal HR department.

So what can GHRO do for your business?  Our experienced specialists provide all the services of complete HR and payroll departments.  We’ll act as your personal staffing agency; start to finish, from developing a customized recruitment strategy, to screening potential candidates, to assisting with employee selection and negotiations.  Additionally, we’ll function as your payroll department, keeping abreast of the latest payroll laws and regulations.  We’ll also act as HR consultants and risk managers, monitoring safety and workers’ compensation law, government compliance, and employee benefits.  We can also help you establish an employee wellness plan, an employee handbook, and other strategies to best fit your business’ unique needs and goals.  With GHRO, you can efficiently outsource the employee relations that can stress your business’ time and budget.

With GHRO on your side, you’ll be gaining a trusted business advisor, just like your CPA or attorney.  So let us assume the risks and responsibilities of maintaining your employees while you concentrate on your core business.  We have a package to meet the needs of any small business.  Contact us today to see how your business can benefit from GHRO!