Human Resources News

When it comes to managing employee absences ? whether for vacation, sick leave or personal days ? every organization faces the delicate balance between what is best for its employees and for the company. The frustration of having adequate human resources to fill in for unexpected time off is also very common.

In Revenue Ruling 2008-29, the IRS has provided specific guidance on the proper amount of federal income tax an employer must withhold in nine different situations under the supplemental wage regulations1 that became effective January 1, 2007. Typically, states with income taxes default to following federal regulation principles for distinguishing between regular and supplemental wages. In addition to federal income tax withholdings, states also look for proper withholding on supplemental wages for state income tax purposes.

On April 22nd, a bill was introduced in both the United States House and Senate titled the Employee Misclassification Prevention Act ("EMPA" or "Act"). H.R. 5107; S. 3254. The Act would amend the Fair Labor Standards Act ("FLSA") to introduce measures designed to prevent the misclassification of independent contractors. Senator Sherrod Brown (D-OH) was one of the co-sponsors of the Senate bill. He stated that misclassified workers are "denied vital worker safeguards" and because of the recession, "workers are too often taken advantage of and lose out on the benefits they rightfully earned. . . . [m]eanwhile, employers who do right by their employees are placed at a disadvantage when competitors are cutting corners." According to the bills' sponsors, the Employee Misclassification Prevention Act aims to correct these issues.

The workplace is a reflection of society at large. Today, we see a gamut of behaviors that demonstrate a lack of respect and civility, both inside and outside the workplace. Studies and polls indicate that Americans view incivility as a serious problem that is getting worse.  One study found that 60% of employees believe that co-workers’ annoying behaviors negatively impact the workplace and, as a result, 40% reported that they are looking for new employment.  These and other findings illustrate that disrespectful and uncivil behaviors drain productivity and negatively influence both an organization’s bottom line and the overall economy.

You sometimes will find it useful to consider an applicant?s appearance or looks when you make hiring decisions. Perhaps you do not like this. But it can help you when looks impact employee productivity. Of course, you must hire applicants who possess job-related skills needed on the job. And sometimes applicant appearance or looks happens to be one job-related quality that increases odds the applicant could become a productive, profitable employee for your company.

Yes, desperation can lead to hiring mistakes, but, more often, desperation guarantees mistakes will be made. Being desperate to hire someone is like going to the grocery store after you haven?t eaten for the last three days. Everything will look delicious --- even foods you don?t normally like. When you?re hungry to hire someone, you?ll be more prone than usual to make the mistake of hiring a person who is a great applicant, but who will not be a great employee.

Although infrequent, there are times when an employer makes an overpayment to an employee. Reasons for an overpayment could stem from an accounting error, paying an employee at a rate that is too high or incorrect benefit deductions. Other reasons include terminated employees who receive vacation time before it was earned and sales people whose commission was too large. Regardless of how often or the reason overpaying an employee occurs, the employee is responsible for repaying the money when it is demanded. An error is not an automatic entitlement to keep unearned money.

Intermittent FMLA is one more challenge added to the professional plate of human resource managers. If you take your job seriously, you understand the struggle employers have with balancing leave that is guaranteed by federal law with need of the company. Dissatisfaction and confusion surrounding FMLA intermittent leave does not have to lead to headaches when you understand and evaluate the regulations. While employees have a right to take time off as needed, that right does not extend to abusing the law at the employer?s expense.

HB 8, pushed through the Illinois Legislature and ready to be signed into law by Governor Quinn, amends the Illinois Human Rights Act to add to the list of employment discrimination, an employer's failure to provide a reasonable accommodation to an employee based on conditions related to pregnancy or childbirth.

Despite a firm?s best efforts, some employees will, inevitably, be injured on the job. In 2010, over 4,500 American workers received lethal injuries at work, while millions more incurred disabling injuries (arbill1.web11.hubspot.com). Injuries not only reduce productivity, they also increase worker?s compensation rates and can affect employee morale (smallbusiness.chron.com).