june 2019 volume 23issue 6 issue in this issue >>> help us ... · mike maintains his...
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Issue
FIVE
PHRA PRESIDENT’S MESSAGE
in this issue >>>
The Journey of HR
PHRA President’s Message
2018 Excel Platinum Award Information
June Meeting Details
Legal Update
July Meeting Details
Save the Dates
HR – Humor Minute
HRSW Update
Chapter Awards & Information
By: Teresa Morris
Teresa Morris is the Human Resource Generalist with Herring Bank. You can reach Teresa at [email protected].
About the time that you think that you have got “this.” New information comes along that make you rethink the way you are doing things. The article I wrote last month had to do with job descriptions and what you should add to them.
This month my article is about the Essential Functions of the job description. I read an article in “What’s Working in HR” about an ADA case that the employer won. In the Essential Functions, it was listed that punctuality was required. The person who started the suit stated she was not accommodated but terminated for attendance. She was consistently late at least an hour, due to her medical condition; the eye drops she used caused blurry vision for an hour or so. Her supervisor suggested she get up earlier; she stated she already was up early enough. After going through the attendance policy disciplinary steps, she was terminated for attendance. The company had accommodated the employee in many other ways.
Website for the Article: https://www.whatsworkinginhr.com/fired-worker-admitted-shes-always-late-can-she-still-sue-for-discrimination/
The Judge ruled in the case that it was an Essential Function of the job to be on time and punctual, because it was listed in the essential functions of the job description.
Cite: Colonna v. UPMC HAMOT and UPMC, U.S. Dist. Crt., W.D. PA, No. 1:16-cv-0053, 9/25/17.
I have added to my list of things to do; update the essential functions on all my job descriptions. I will be adding these three items to each job description.
Must be organized, self-motivated and team player
Ability to operate a personal computer
Punctuality is imperative
Just an FYI, punctuality may not be imperative for every job, but if it is, the employee must know their schedule.
Going the Extra Mile
A Monthly Insight into Human Resource Happenings The Resource Newsletter - A Monthly Insight into Human Resources Happenings
June 2019 Volume 23 Issue 6
June Chapter Meeting
Details on Page 2
RSVP: Click Here
Wednesday, June 12th
11:45am – 1:00pm
Amarillo Botanical Gardens
1400 Streit Drive
$25 – Members
$30 – Non-Members
We are pleased to announce
SHRM has awarded PHRA the
2018 Platinum Excel Award!
This award recognizes
outstanding achievements in
chapter operations and a
commitment to providing
meaningful programs and
services to our members. It
also is recognition of our
continued growth and
development as a business
leader, capable of developing
strategies that lead to
business success!
PHRA.wildapricot.org [email protected] Page 2 of 6
The Resource Newsletter - A Monthly Insight into Human Resources Happenings June 2019
Volume 23 Issue 6
May Meeting Details "Why and How to Legally Monitor Off-Duty Conduct" Presented by:
Mike Coffey, SPHR, SHRM-SCP
Don’t get caught flat-footed when an employee gets caught red-handed!
Employees’ off-duty conduct is often relevant to their on-duty responsibilities. Even minor criminal behavior or traffic infractions may be advance warning that an employee’s decision-making, safety awareness, or credibility may be compromised, making the individual an “insider threat.”
Ignoring such insider threats can damage an employer’s ability to mitigate liability if an employee commits an unsafe or criminal act in the course of their employment.
At the same time, many employers are hesitant to delve unnecessarily into their employees’ personal lives or are uncertain as to how to respond when an employee is arrested.
In this presentation, Mike Coffey, SPHR, will review the kinds of insider threats about which employers may need to be aware. He will also review policy considerations to ensure that red-flag incidents are identified and evaluated fairly. These considerations include employee self-reporting of certain incidents, periodic background checks, evaluating job-specific risks suggested by incidents, and appropriate responses to job-relevant incidents.
The learner will understand:
1. The kinds of off-duty employee conduct that may affect a business’ operations.
2. The laws governing employers’ consideration of off-duty conduct.
3. The elements of an incident self-reporting policy.
4. The legal and practical considerations concerning periodic background checks.
5. How to investigate suggestions of red-flag off-duty conduct.
6. How to evaluate off-duty conduct against a position’s risk profile.
7. How to fairly and compassionately respond to job-relevant off-duty conduct.
BIO:
Twenty years ago, Mike Coffey was an HR manager frustrated by the low quality and poor customer service he was receiving from his company’s background screening partner. In order to better manage that relationship, Mike became an expert in background checks from the HR side of the desk.
In 1999, that expertise led to the creation of Imperative, a premium background investigations firm delivering fast and friendly service.
Mike has also been involved in retail and property management startups and consults with small businesses about people and process issues.
Mike maintains his certification as a Senior Professional in Human Resources (SPHR) through the HR Certification Institute. He is also a SHRM Senior Certified Professional (SHRM-SCP).
Mike serves as the newly-created Director for Business and Education Initiatives for Texas SHRM and is a past-president of the Fort Worth Human Resource Management Association.
He is also a board member for the Texas Association of Business, which is Texas’ state chamber of commerce.
Mike lives in Fort Worth with his very patient wife and three sons. He maintains his sanity by practicing yoga and improv comedy, often unintentionally at the same time.
SHRM PDCs and HRCI credits pending
PHRA.wildapricot.org [email protected] Page 3 of 6
The Resource Newsletter - A Monthly Insight into Human Resources Happenings June 2019 Volume 23 Issue 6
On March 28, 2019, the Department of Labor proposed changing the definition of the “regular rate” of pay, which could greatly affect employers’ calculation of overtime hours. This marks the first time in over fifty years, since 1958, that the Department of Labor has proposed any change in the definition of “regular rate.” The effect of this change could be that employers would pay far less in overtime than is currently required. Currently, when calculating overtime under the Fair Labor Standards Act (“FLSA”), employers must play non-exempt employees an overtime rate of 1.5 times their “regular rate” of pay for all hours worked beyond forty a week. The current definition of “regular rate” under the statute includes hourly wages or salary, most bonuses, shift differentials, on-call pay, and commissions. It excludes benefits, paid leave, Christmas bonuses, discretionary bonuses, and other gifts. However, unless a particular payment is specifically excluded by statute in the FLSA, the payment must be included when calculating the “regular rate.” The proposed rule would exclude all of the following from the “regular rate”: (a) tuition reimbursement; (b) the value of an employee discount; (c) the cost of an employer-provided gym; (d) the cost of providing wellness programs and onsite specialist treatment; (e) reimbursed expenses, including travel expenses that do not exceed the maximum travel reimbursement under the Federal Travel Regulation system; and (f) benefits plans, including accident, unemployment, and legal services benefits plan. The proposed rule change would also vitiate current litigation in which employees have alleged violations of the FLSA for employers’ failure to include the costs of perks, such as fitness club membership reimbursements, in the employees’ “regular rate” when calculating overtime pay. The proposed rule also clarifies the types of bonuses included in the definition of “regular rate.” Bonuses announced to employees to induce them to work more quickly or efficiently or remain with the organization would be included in the overtime calculation. However, spot bonuses and employee-of-the-month awards or bonuses would not be included in the definition of “regular rate.” If the proposed rule is finalized, employers would have peace of mind that offering their employees benefits such as tuition reimbursement or wellness programs would not affect the “regular rate” overtime payments they are required to pay to their employees. Further, this rule clarification would prevent litigation under the FLSA against employers who offer these types of perks and do not include the perks in employees’ “regular rate” for overtime payments.
DOL Proposed Changes to Calculating Overtime Could Mean Good Things for Employers
Legal
Update
By: Allison L. Davis
Allison Davis is an Attorney with Brown & Fortunato, P.C. and you can reach Allison at [email protected].
If you are interested in serving as a volunteer for an event, please contact
Jessica - [email protected]
or Christine - [email protected]
PHRA.wildapricot.org [email protected] Page 4 of 6
The Resource Newsletter - A Monthly Insight into Human Resources Happenings June 2019
Volume 23 Issue 6
Upcoming Meetings
&
Save the Date
To Register for July:
Click Here
Save the date for these two upcoming events!
More details to come.
Stay Tuned!
HR – A Day in the Life:
HR: I see you were on a production line at your previous employer. What did you make? Applicant: Mostly mistakes.
HR: Why did you leave your last job? Applicant: The company relocated and didn’t tell me where.
HR: I see that you are late again. Employee: Yes, it makes the day seem shorter.
PHRA.wildapricot.org [email protected] Page 5 of 6
The Resource Newsletter - A Monthly Insight into Human Resources Happenings June 2019 Volume 23 Issue 6
Register Today!
HRSWC 2019 Conference Fort Worth, October 27 - 30
The HRSouthwest Conference (HRSWC) invites you to be part of the largest regional educational and networking event
for human resource professionals. HRSWC is organized by DallasHR, the Dallas-based SHRM Affiliate Chapter, and has
been designated as the official State of Texas SHRM Conference hosting more than 2500 attendees, speakers,
sponsors and exhibitors annually. Join us in Fort Worth, TX for this can’t miss event!
Check out the Highlight Video from 2018!
Register Now Before Rates Increase!!
Keynote Speaker
Monday, October 28
David Horsager, CEO and Best Selling Author of "The Trust Edge"
Shares which organizations are the most trusted in their industry and how
that trust drives business results.
Closing Keynote Speaker Announced Soon.
Meet and share best practices with more than 1,400 liked minded HR professionals.
See who has already registered.
Visit with product and service providers in the Marketplace and get business done.
Check out who will be there.
See the Schedule at a Glance for more details and timing of events and education.
Reasons To Attend
Subject matter experts deliver educational sessions on the most current, relevant HR topics including
employment law, healthcare and talent management, to name a few.
Networking opportunities abound throughout the 2 1/2–day event.
200+ solution providers display and demonstrate their latest products and services.
Earn SHRM PDCs and HRCI recertification credit hours simultaneously.
https://hrsouthwest.com/
PHRA.wildapricot.org [email protected] Page 6 of 6
Issue
FIVE
A Monthly Insight into Human Resource Happenings
Issue
FIVE
A Monthly Insight into Human Resource Happenings
June 2019 Volume 23 Issue 6 The Resource Newsletter - A Monthly Insight into Human Resources Happenings
Chapter Awards & Information
Find PHRA online:
https://phra.wildapricot.org
www.facebook.com/PanhandleHR
Like our page for information on upcoming events, seminars, and tidbits of other information.