?Documenting employee actions and behaviors is a vital responsibility for managers, so much so that one leading employment attorney encourages employers to include it in managers’ job descriptions.
Allison West, Esq., SHRM-SCP, principal at Employment Practices Specialists in Pacifica, Calif., explained why and offered valuable guidelines for the documentation process during her “Seven Steps for Creating Bulletproof Documentation” concurrent session at the SHRM Annual Conference & Expo 2022 in New Orleans on June 14.
“Managers are repeatedly told, ‘You need to document,’ but too often they don’t know exactly what to document and how, and that becomes a problem, particularly if an employee-employer case reaches a trial,” West said.
Including dates and drilled-down specifics about a worker’s performance when it comes to things such as arriving on time, meeting deadlines, behavior toward team members or following any company policies is just as important as avoiding bias, opinions and accusations, West said. Once managers notice something troubling, they need to start writing it down.
“We are often told you need to be consistent in how you document, but that doesn’t mean doing it exactly the same for everyone in every case,” she said. “What it means is that you must do so within a range, be fair and have the documentation over a long period of time, and not just the past few weeks or month.
“And whatever you do, don’t back-date anything. You’d be surprised, but defense lawyers might subpoena your office’s copy machine or hard drives to find out what and when it happened.”
What’s Considered ‘Important?’
Managers are told to document what’s important, West said. “But even that isn’t exactly clear. One guidepost would be [to document] the things that happen more than once and being able to pinpoint when they happened first.”
In the documentation, West offered many words to avoid: weakness, shortcomings, inadequate, failure, failing and fail. “Those words can be construed as opinions, and they have different meanings to different people,” she said. “Describe the conduct, not the individual.”
Instead, offer facts and details about what happened. Being vague or nonspecific is a losing proposition.
Be sure to describe employee expectations. For this, managers may use phrases from the employee handbook, job description, or policies and procedures manual.
For example, instead of writing “Show up on time,” write, “Your job begins at 8 a.m., at which time you are expected to be at your desk and ready to answer customer calls.”
Avoid slang and absolute words such as always, every time, never or invariably.
Include All Perspectives
Effective documentation includes both sides of the issue. “Always get the employee’s explanation about why the expectations aren’t being met,” West said. “This shows that you had a two-way conversation, were fair, and it could give you a chance to correct the situation based on new facts that are presented.”
When devising an action plan, be sure it is loaded with details and that the employee signs off on it in agreement, she said. It also should include a timeline for when the new directives should be met and how the manager will evaluate the progress. Avoid using specific time frames such as 30, 60 or 90 days, because then the employee could hold the manager to that exact date.
And don’t say it must begin “immediately” or “right away.” Instead present a realistic timetable for it to be carried out.
Also include any further discipline or consequences if the specific improvements are not met.
Paul Bergeron is a freelance writer based in Virginia.
Mostbet canl? bahis ve online casino mobil uygulamas?n? indirmek isterseniz e?er bu i?lem de çok basit ve a couple of yöntemle gerçekle?tirile biliyor. MostBet Casino’nun mobil oyunlar?n? oynamas? u kadar kolay ki, yak?nda mobil cihaz?n?zdan keyfini ç?karacaks?n?z. Slot yelpazemiz, NetEnt oyunlar? gibi en popüler oyun platformlar?ndan baz?lar?n? içerir ve her bütçede tüm oyuncular için bir ?eyler vard?r. Herhangi bir kumarhanenin geliri bir faktördür çünkü büyük oyunlar? oynay?p oynayamayaca??n?za karar vermenize yard?mc? olur.
Bu bahis ?irketi, mü?terilerine kazançlar?n? daha da art?rma f?rsat? veren düzenli promosyonlar sunmaktad?r.
MostBet ekibi the girl gün ürünlerini geli?tirmek için çal???r, böylece dünyan?n her yerinden kullan?c?lar bu özel bahisçiyi seçmekten memnun olurlar.
Son zamanlarda para yat?rmak için kulland???n?z yöntemlerle Mostbet240 paran?z? çekebilirsiniz.
Bunu yapmak için “Profil” bölümüne girin, ard?ndan sa? üstteki ülke bayra??na t?klay?n.
Dünyadaki casino siteleri genellikle kullan?c?lar?na az miktarda bedava bonus vermektedir.
Mostbet güncel giri? adresine eri?meden önce BTK taraf?ndan k?s?tlamalara tabi tutulaca??n?z? söyleyebilirim.
Bak?? aç?s? asl?nda k?r?lm?? hesaba göre “yukar?dan yukar?ya denge” alternatiflerini seçmeniz gerekiyor. Ayr?ca a?, oyunun çe?itli alternatif bahislerin co?kulu olmas?n? sa?lad???nda haine, masalar ve portlar istenildi?i kadar çe?itlendirilmemi?tir. Sonunda, mü?terinize izin veren yepyeni “kal?n konu?ma” hizmeti haz?r hale gelir empieza size farkl? dillerde yard?mc? olabilir. Bu nedenle, oyuncular?n endi?elerinin yan?tlanmamas? konusunda endi?elenmelerine gerek yok.
Türkiye’nin Ilk Bahis Mahkemesi
Portaldaki slot seçimi çok büyüktür ve farkl? türlerdeki slotlar? içerir. Bahis siteleri arac?l??? ile oyun oynamak bahis sevenlerin en s?k ba?vurdu?u yollardan bir tanesidir. Ancak hepsi bu kadar de?il, sitede ayr?ca çevrimiçi slot makineleri var. Yasa d??? bahis sitesi reklamlar?n?n TV8’de kaynakl? olmad???n? söyleyen Il?cal?, bu reklamlardan herhangi bir gelir elde etmediklerini belirtti.
Daha küçük bir kumarhane olmak, büyük nakit ödüller kazanma konusunda kesinlikle kârl?l???n?z? etkiler. Çevrimiçi kumar yolculu?una ba?lamak isteyen oyuncular için en iyisidir. Firma kurallar?ndan en ölçülüsü faturalar?n?z?n güncel olmas?, üye ol içeri?inde önemli haklar?n?z detayl? olarak yaz? olarak sunulmu?tur. Giri? yapt?ktan sonra, bakiye yükleme seçene?ini seçin empieza Visa kart? veya Master Card’dan herhangi bir seçene?i seçin. Bir seçene?i seçtikten sonra, ekran?n?zda yat?rmak istedi?iniz tutar? girmenizi isteyen bir ileti?im kutusu belirecektir.
Bonus Almak Için Yat?rmam Gereken Minimum Miktar Nedir?
Ücretsiz bahisler ve ücretsiz döndürmeler sayesinde birçok ki?i büyük bir ikramiyeyi yakalamay? ba?ar?r. Mostbet, 2009 y?l?nda kurulan 1 milyondan fazla üyesi olan 93 ülkede hizmet veren popüler ve lisansl? bir bahis sitesidir. Oyunçular? narahat ed?n ?sas sual budur ki, Mostbet arizona da m?rc etm?k t?hlük?sizdirmi. Mostbet 240, 2020’de hangi Mostbet240 ödülleri’nde en iyi Mostbet240 sitesi için k?sa listeye oy veren oyuncular aras?nda s?k? bir favori. Btk taraf?ndan uygulanan giri? engellemelerinde son güncellemesi ile Mostbet240 giri? adresini olu?turmu?tur. Günümüzde the girl bahis sitesinin sahtesi yap?labildi?i için Mostbet240’in do?ru giri? adresini kullanman?z gerekiyor.
Lütfen, baz? oyunlar?n yaln?zca bu demonstration modunda oynat?labilece?ini unutmay?n, gerçek parayla mümkün de?ildir.
Bundan dolay? birçok bahis sitesi gibi Mobilbahis kullan?c?lar?ndan gerek görülmesi durumunda belge talep etmektedir.
Mostbet’te kaydolmak için kullanmak istedi?iniz sosyal a?? empieza para birimini seçin.
Bundan dolay? birçok bahis sitesi gibi Mobilbahis kullan?c?lar?ndan gerek görülmesi durumunda evrak talep etmektedir. Casino, hiçbir kullan?c?n?n hesap olu?turmadan ve para yat?rmadan oyun oynamas?na izin vermez mostbet. Mostbet, spor bahisleri hizmetleri ile tan?nmaktad?r, ancak ayn? zamanda çe?itli kumarhane oyunlar? da sunmaktad?r. Oyun seçimi bahis bölümünden daha küçüktür, ancak mevcut Mostbet mü?terileri için uygundur. Mostbet sitesinin kay?tl? üyesi olarak kazanaca??n?z faydalardan birisi bonus program? olacakt?r. Öncelikle yapaca??n?z ilk ?ey Mostbet yeni giri?adresine ula?arak siteye güvenli bir eri?im sa?lamakt?r.
The 5-minute Principle For Marijuana
MostBet Sportsbook, her hafta 15. 000’den fazla oyun, son derece yüksek oranlar ve tüm büyük sporlar için ücretsiz canl? ak?? sunuyor. Mostbet, canl? casino oyunlar? oynayabilece?iniz ve canl? masa oyunlar?na özel eri?imin keyfini ç?karabilece?iniz VIP bölümüne sahip bir bahisçidir. Mostbet, Cashback’in yan? s?ra, kazançlar?n?z? istedi?iniz zaman nakit olarak çekmenizi sa?layan cashout adl? bir özelli?e de sahiptir.
Mostbet vebsitesinin güleryüzlü ve çözüm odakl? mü?teri hizmetleri çal??anlar? diye adlar?ndan söz ettirmeyi ba?arm??lar.
11 y?ld?r, oyun kulübü sadece Türkiye’de de?il, ayn? zamanda Mostbet Azerbaycan dahil birçok ülkede de yayg?n olarak tan?nd?.
Elektronik kumbaralar aras?nda PayTm cüzdan?, Qiwi cüzdan?, ecoPayz ve di?er baz? cüzdanlar bulunur.
Oyun stratejileri, kap?c?lar?n kazanma ?anslar?n? art?rmalar?na ve bahis yaparken hata yapmaktan kaç?nmalar?na izin verir.
Sitemize ajanslar üzerinden aktar?lan haberlerin hukuki muhatab? Kocaeli Koz de?il haberi geçen ajanst?r.
Üstelik site sizlere ilk olarak %100 de?er ta??yan Mostbet ilk üyelik bonusu kampanyas? sunacakt?r. Ayr?ca Lucky Fish 3D, Thunderstruck 2 ve daha fazlas? gibi bonus özelliklerle deneyebilece?iniz baz? heyecan verici oyunlar bulacaks?n?z. Ücretsiz ve h?zl? destek için Canl? Sohbetimize ba?vurun veya ileti?ime geçmek için bir e-posta gönderin.
Mostbet: India’s Leading Sportsbook In Addition To Casino Destination
Bu, para yat?rman?n en uygun yoludur ve hamlenizi yapt?ktan sonra, kazanc?n?z? çekmek için birkaç seçenek vard?r. Ho?geldin bonusu mobilde de mevcuttur ve MostBet Casino giri? bilgilerinizi kullanarak herhangi bir cihazda oynayabilirsiniz. Tüm mobil casino oyunlar?m?z ho? geldin bonusu sunar ve bonuslara do?rudan oyunlardan eri?ilebilir.
Servislerin ço?u için bekletme süresi 15 dakikadan fazla olmayacak ama kredi kart? kullan?ld???nda bekleme süresi daha uzun olabilir.
Bir elektron kumbara varsa, bunu Mostbet’te ödeme yapmak veya pra yat?rmak için sobre kullanabilirsiniz.
Güvenilir oldu?u kadar kullan?c?lar?n kimlik bilgilerini kimselerin eri?emeyece?i bir ?ekilde muhafaza ettiklerini de söyleyebiliriz.
Bundan dolay? olu?an engellemeler kapsam?nda bu gibi ayr?cal?klar günümüzde ülkemiz taraf?ndan izin verilen e kadar oldukça uzak durmaktad?r.
Engellilik bahisleri her zaman en yeni tavsiye edilen ki?ilere güvenecektir, aksi takdirde olumlu veya olumsuz de?er sayesinde aktar?laca?? için. Tam burada, ayn? anda tahmin edebilece?iniz ?eylerle ilgili siber spor etkinliklerini de görme kapasitesine sahip olacaks?n?z. Gerçek bir hikayeden esinlenilen film için 7000 kostüm haz?rland? empieza 4000 metrekare dekor yap?ld?. Art?k herkes tüm i?lerini yerlerinden kalkmadan, evlerinde, i? yerlerinde ya da herhangi bir yer de h?zl? bir biçimde yapabilmektedir. Mobil uygulama, bahis ?irketinin tüm özelliklerini empieza tekliflerini tüm bireylere açar.
Deposit Mostbet
Son zamanlarda pra yat?rmak için kulland???n?z yöntemlerle Mostbet240 paran?z? çekebilirsiniz. Baz? bonuslar yaln?zca kay?t s?ras?nda kullan?labilir, baz?lar? ise herhangi bir zamanda kullan?labilir. mostbet Kay?t olurken bir ho?geldin bonusu geçerlidir, depozitonun 125%’i, maksimum tutar? 1250 lirad?r. Zaten kay?tl? kullan?c?lar, kay?t s?ras?nda bir bonus için MostBet promosyon kodunu da kullanabilirler.
Mostbet kullan?c?lar?n s?k tercih etti?i siteler aras?nda yer almaktad?r.
??te MostBet Casino’da tad?n? ç?karabilece?iniz farkl? slot machine oyunlar?ndan küçük bir seçki.
Di?er rakip ?irketlerde rastlad???n?z sorunlarla da Mostbet web sitesi dahiliinde kar??la?m?yorsunuz.
Büyük bir miktar için ücretsiz bahisler verilir, bu da kar??l?k gelen kazançlar için bir ?ans verir.
Sporlar?n?z için yepyeni tebrik bonusu, harika bir 5x çevrimiyle bir ay içinde bahse girilebilir.
But a person never believed that you’re gonna have to escape of this person and this will getting incredibly exhausting and haunting to.
Siteyi deneyimleyen ki?iler siteye dair olan bilgilerini ve deneyimlerini bu ?ekilde di?er kullan?c?lara aktarabilmektedir. Com base simply no método que você escolher, os saques podem levar de um minuto a sete dias. Dünyadaki casino siteleri genellikle kullan?c?lar?na az miktarda bedava bonus vermektedir. Therefore, the grill of choosing genuinely reliable resources for playing on typically the Internet remains open. Servislerin ço?u için bekletme süresi 15 dakikadan fazla olmayacak ama kredi kart? kullan?ld???nda bekleme süresi daha uzun olabilir.
Mostbet India: Online Cricket Betting, Bonus Around 25, 000 2023
Bonusu daha önce aktifle?tirmediyseniz, para yat?r?rken alaca??n?z miktar görüntülenecektir. Ard?ndan kart numaras?, isim, son kullanma tarihi ve CVC kodu gibi kart bilgilerinizi girmenizi isteyen yeni bir pencere aç?lacakt?r mostbet yorum.
Yine de deneme bonusu ile paran?z? katlayarak Mostbet bahis sitesinden gelir elde edebilirsiniz.
Mostbet giri? adresi, üyelik bonuslar? ve daha fazlas? için sitemizi takipte kal?n.
Gördü?ünüzü be?endiyseniz, Mostbet çevrimiçi kumarhanesini ziyaret etmelisiniz.
Visa, MasterCard, Bank Wire, Neteller, Skrill, Webmoney, Entropay, ecoPayz ve Bitcoin gibi güvenli ödeme yöntemlerimizi kullan?yoruz.
Selma Yaz?c? Twitter, 6 percent of their total Las Vegas gambling revenue that will year. Mostbet uzmostbet uz.
Mostbet Kazinosu
Güvenilir oldu?u kadar kullan?c?lar?n kimlik bilgilerini kimselerin eri?emeyece?i bir ?ekilde muhafaza ettiklerini de söyleyebiliriz. E-mail detaylar?nda ise, hangi sebeplerden dolay? hesab?n?z? silmek istedi?inizi world wide web bir ?ekilde belirten aç?klay?c? metin yazman?z gerekmektedir. Ayn? zamanda mail içerisinde site kullan?c? ad?n?z, kullan?c? hesap numaran?z ve telefon bilgileriniz gibi farkl? detaylar?nda aktar?lmas? gerekmektedir. Kalifiye olmak, en dü?ük 1 . cuatro olas?l???na sahip bir hisse bahsi ve üçüncü ad?mdan itibaren tek bir kupondaki olay miktar? veya belki daha fazlas?d?r.
Ancak bir oyun hesab? banka açmak için, w tamtym miejscu mü?teri do?rulamas?n?n geçi?i ile kay?t yap?lmas? gerekecektir.
Lisansl? bir bahis sitesi olarak hizmet veren online bahis siteleri aras?nda yer al?yor.
Herhangi bir kumarhanenin geliri bir faktördür çünkü büyük oyunlar? oynay?p oynayamayaca??n?za karar vermenize yard?mc? olur.
Bahis ?irketi yönetimi bonusun kötüye kullan?ld???ndan ?üphelenirse, promosyon kodunun geçerlili?i sona erecektir. Promosyon kodu bonusunuzu kullanmak için lütfen Promosyonlar bölümüne bak?n. Mostbet’te para yat?rma bonusu almak yeterince kolayd?r, ancak kay?t olmadan yapamazs?n?z. Ara vermek içinizdeki h?rs? hafifletir ve ba?ka bir gün çok daha keyifli bir ?ekilde oyuna oturabilir, kazanma h?rs?n?z? hafiflemi? bulabilirsiniz. Di?er rakip ?irketlerde rastlad???n?z sorunlarla da Mostbet web sitesi dahiliinde kar??la?m?yorsunuz.
Mobilbahis Para Yat?rma Seçenekleri
Yine de deneme bonusu ile paran?z? katlayarak Mostbet bahis sitesinden gelir elde edebilirsiniz. Bu kapsamda weil kullan?c?lar s?kl?kla Mostbet üzerinden bahis oynamay? tercih mostbet promosyon kodu etmektedir. Haliyle Mostbet bahis güncel giri? adresine tekrardan eri?mek isteyenler oluyor mostbet android.
Para yat?rma i?lemleri h?zl? ve güvenlidir ve Mostbet çe?itli ödeme ?ekillerini kabul eder.
Avrupabet yeni giri? 2020 i?lemini her türlü taray?c? üzerinden çok kolay bir biçimde gerçekle?tirebilirsiniz.
Her biriyle etkile?imi yüksek bir ?ekilde Mostbet240 yeni adresine kolay eri?imde bulunabilirsiniz.
Betboo Para Çekme ve Para Yat?rma Yöntemleri Bu hafta sonu için kolej basketbol bahis, Poker nasl oynanr video RMN13I kitanima.
Türkiye’deki di?er onlayn kumar operatörlerine k?yasla Mostbet’te ödemeler empieza para çekme i?lemleri en h?zl?d?r.
Bu, kayb?na yard?mc? olan ancak tüm mevduatlar? bo?altmayan bir nakit rezervidir.
Bu durumda, verileri yazman?za gerek yoktur, bunlar zaten oyuncunun ki?isel hesab?na kaydedilmi?tir. ?lk yapman?z gereken Mostbet bahis sitesinin güncel giri? adreslerini bulup siteye giri? yapmakt?r. Betboo Para Çekme empieza Para Yat?rma Yöntemleri Bu hafta sonu için kolej basketbol bahis, Poker nasl oynanr video RMN13I kitanima. The tendency of online video gaming in the UAE is forward improving as land centered casinos are banned. Lütfen, baz? oyunlar?n yaln?zca bu demo modunda oynat?labilece?ini unutmay?n, gerçek parayla mümkün de?ildir.
Mostbet Online Betting Company » Login In Addition To Place A Bet
Alternatif seçenekse bir sonraki afin de yat?r?m? için riski aradan kald?rma ya da bireysel bonus ko?ullar? hakk?n? sunan Mostbet gelen promosyon kodudur. Mostbet incelemesi kapsam?nda de?erlendirilecek birçok kriter oldu?unu söylemek önemlidir. Kullan?c?lar için de?erli olan bahis portföyü, Mostbet incelemesi kapsam?ndaki önemli kriterlerden biridir.
Deneyimli bir ekip taraf?ndan yürütülen i?lemler Mostbet’in her an geli?im içerisinde olmas?n? aç?klar.
Ho?geldin bonusunun bir parças? olarak, yeni bir kullan?c? para yat?r?r ve bir ödül al?r.
Mostbet sitesi hakk?nda bilgi verdi isek ?imdi de geçelim Mostbet vebsitesinde bir hesap olu?turmaya.
Hesap yenileme için çok çe?itli ödeme sistemleri, kullan?c?lar için uygun ko?ullar yarat?r.
2018 tarih ve30295 say?l? Resmi Gazete’de yay?mlanarak yürürlü?e girmi?tir.
Bu, ek para kazanma veya özel oyun f?rsatlar? kazanma riski olmadan uygun bir f?rsatt?r. Spor bahisleri ho? duygular kazanman?n empieza kazanman?n harika bir yoludur. Mostbet bahis sitesi 2009 y?l?ndan bu yana bahis severlere güvenilir ve kaliteli bahis deneyimi sunmaktad?r. Mostbet240 hesab?n?za para eklemek istedi?inizde bunu skrill, neteller, paysafecard, ?nterac on the internet veya apple shell out kullanarak yapabilirsiniz.
?The Department of Homeland Security (DHS) announced it plans to issue a proposed rule this month allowing virtual document examination options for reviewing the Form I-9 “in certain circumstances or with respect to certain employers.”
The proposal is currently being reviewed by the White House Office of Information and Regulatory Affairs, the last step before publication in the Federal Register.
A practice that started during the pandemic, virtual reviews of the Form I-9 can help employers that are hiring remote workers. Many employers want a remote review option, but they are also calling for better remote examination methods.
Employers must complete an I-9 form for all workers to verify employment eligibility. During the pandemic, DHS waived requirements that employers inspect documents in person in workplaces that were operating remotely, and those employers have been allowed to use alternatives like videoconferencing, fax or e-mail. That flexibility was most recently extended through the end of October.
Last fall, DHS published a request for public comment on alternatives to physical document examination during the I-9 review process. Virtual alternatives could reduce burdens on employers while still maintaining the integrity of the employment verification process, according to the department.
“Not surprisingly, many SHRM members strongly desire to have a permanent virtual I-9 option,” said Emily Dickens, chief of staff and head of government affairs for the Society for Human Resource Management (SHRM). “Not only have the burdens and hazards of in-person I-9 preparation grown, but technology has advanced to a point where the believed benefits of in-person I-9 preparation are now equaled or exceeded by remote or virtual methods. Moreover, a remote I-9 preparation option would transform the entire onboarding process, enabling the process to be accomplished remotely.”
Dickens added that even before the COVID-19 pandemic, many SHRM members indicated they would benefit greatly from virtual alternatives to complete the I-9. “It is frequently impractical for remote employees to travel many miles to a company’s or an agent’s location for the sole purpose of presenting documents to complete an I-9,” she said.
And while using third-party authorized representatives was the common recourse for remote review, that “required significant effort by employers to obtain the remotely prepared form and ensure that the preparer, who is typically unfamiliar with the myriad I-9 compliance requirements, has not made errors,” she said.
Modernizing the employment verification system, which includes offering permanent virtual review options, among other structural changes to the form and process, “is an important and promising step to respond to the needs of the future of the U.S. workplace and leverage the vast transformation of information technology” since the Form I-9 requirements were first introduced in 1986, Dickens said.
Scott Corley, executive director of Compete America, a coalition advocating for high-skilled immigration reform, also supports making remote document examination a permanent option for employers, in addition to an in-person review option.
“Both companies and their employees would benefit from the flexibility to elect to complete the entire Form I-9 process electronically without a follow-up physical review requirement,” he said.
“Remote document examination improved the onboarding experience for both employers and their employees by introducing operational efficiencies. Employers found the remote process much more efficient and cost-effective than the traditional in-person procedure, which required face-to-face meetings with every new hire and existing employee who required reverification, … and employees were able to complete their onboarding process more quickly and easily from home.”
Patrick Duffy, director of global labor relations and workforce policy at computer chip-maker Intel, based in Santa Clara, Calif., said the biggest foreseeable challenge in remote document examination is the method used for the transmission of documents to the employer.
For the few months when Intel was conducting remote document review in early 2020, new-hire employees sent documents to Intel via e-mail. “E-mail, however, is not an ideal solution,” he said. “While new hires were told to password-protect documents, a more secure online transmission process would be needed for longer-term use. Given the sensitive and private nature of I-9-related documents, we suggest that DHS implement baseline security requirements for the transmission of documents such as access management controls and data encryption.”
Duffy said that Intel will likely continue to use in-person review, “but welcomes the addition of a remote document review option. A remote option provides greater flexibility and would allow Intel to organize its remote worker onboarding process as it sees fit without having to rely on authorized representatives. We think the onboarding experience will be enhanced by being able to switch easily from orientation to I-9 review without workers having to leave their workspace at home.”
Faxing documents is also problematic, according to Alice Jacobsohn, director of government relations at the American Payroll Association, based in San Antonio, Texas. “Some virtual communication technologies are not conducive to compliance with Form I-9 document examination,” she said. “These technologies have limitations that could prevent an employer from determining whether a document is genuine. For example, a document faxed to an employer does not allow for the employer to view an original document. At best, a faxed copy could show that a document does not reasonably relate to the individual.”
Screen-sharing is also not an effective way to examine documents, Jacobsohn said. “If using a virtual platform such as Zoom, Webex or FaceTime, the employee and employer representative should have their cameras open and working. The employee should hold the documents in front of the camera lens.”
?The Massachusetts Supreme Judicial Court recently rejected two proposed ballot initiatives that would have kept gig workers designated as independent contractors and given them some of the benefits that employees receive.
On June 14, the state’s top court found that Massachusetts Attorney General Maura Healey should not have certified the signatures on the petitions and they can’t be placed on the ballot in November because they address more than one policy decision. The two versions were almost identical except Version A required paid occupational safety training for drivers.
App-based platforms like Uber, Lyft, DoorDash and Instacart typically consider their drivers independent contractors who can set their own hours.
The ballot initiatives proposed extra protections for gig workers, including:
Guaranteed compensation of 120 percent of the Massachusetts minimum wage ($18 per hour in 2023) for time spent completing ride requests, but not time between rides.
Per-mile expense reimbursement, starting at 26 cents per mile driven.
A health care stipend.
Paid sick time.
Paid family and medical leave.
Accident insurance.
Protection against discrimination.
A right to appeal any termination of their contract.
Drivers’ earnings that fail to meet the minimum compensation amount, not including tips and gratuities, would be plussed up to the minimum threshold.
In July 2020, Healey filed a lawsuit, asking the court to rule that all Uber and Lyft drivers are employees under Massachusetts wage and hour laws, which would give drivers access to labor rights, minimum wage, overtime and earned sick time.
In March 2021, a Superior Court judge denied Uber and Lyft’s motion to dismiss the attorney general’s lawsuit. That case continues to move through the courts.
On Jan. 18, opponents of the ballot initiatives filed a lawsuit with the Massachusetts Supreme Judicial Court, arguing that Healey should not have certified the petitions and that Secretary of State William Galvin should not be allowed to set them before voters.
Ride-hailing and food-delivery companies are fighting to keep their drivers classified as independent contractors. Employers don’t have to shoulder the cost of payroll taxes and employee benefits for independent contractors.
California has a law similar to the measure proposed in Massachusetts.
Criteria for Classification
Figuring out how to classify workers isn’t always a simple matter.
“It is important to take care in properly classifying workers in Massachusetts, as there can be potentially significant consequences for misclassifying them as independent contractors,” said Sean O’Connor, a lawyer with Morgan, Brown and Joy in Boston. “Massachusetts has a stringent three-part test where all three of the factors must be met in order for an individual to properly be classified as an independent contractor.”
Under this three-part test, called the ABC test, workers are considered employees unless:
They are free from the company’s direction and control.
They are customarily engaged in an independent business of the same nature.
The work takes place offsite or outside the usual course of business for the company.
“One of the most common mistakes that is made on this issue is ignoring these requirements and instead assuming that because other companies may classify workers as independent contractors, or perhaps that approach is common in a particular industry, that it is legal to do so,” O’Connor said. “Ultimately, the fact that others may be misclassifying workers is not a valid legal defense for you doing so as well.”
HR professionals should “think long and hard about whether they want to risk a misclassification,” Fritz advised Jeffrey Fritz, an attorney with Fisher Phillips in Boston. “The penalties for misclassification can be severe, including tax penalties and automatic treble damages [three times actual damages] on wage and hour violations.”
Looking Broader
The proposed ballot initiatives in Massachusetts applied only to drivers, not to other types of independent contractors. It’s too early to tell what might happen with independent contractors in various other industries, such as media, entertainment and health care.
“Ultimately, the outcome of this ballot initiative will not have any immediate effect one way or another on independent contractors in other industries,” O’Connor said. “They’ll remain subject to the same legal standards as they currently are. However, if the ballot measure had been successful, it is safe to assume that it could create momentum for an expansion of similar initiatives for other independent contractors.”
The state laws “are a bit behind the times generally, trying to force a 20th century model upon 21st century work practices, mindsets and logistics,” Fritz said. “My guess is broader change will have to come through legislative means, not through a ballot question.”
The voices of childless workers regarding unfair treatment by employers are growing louder. In this recent study, employees told ResumeLab about how managers treat parents vs. non-parents at work.
“Come on, if you had kids, we would let you take the extra time you needed.”
“What personal reason? You don’t have kids to pick up from school.”
“Parents need that day off more.”
Raise your hand if you’re a childfree employee who has never heard some version of the sentences above. No volunteers? Well, not surprising.
These people are both men and women, college graduates, and people without a degree. And above all, these are employees. So it’s a logical assumption that as the number of childless people increases, the number of childless workers also rises. And some researchers believe that soon the number of non-parents may overtake the number of parents in the workplace.
And here come the problems. Unfair treatment of the growing childfree community is becoming more and more visible. And with increasing awareness of our rights and condemnation of discrimination and unequal treatment, the voices of unsatisfied childless employees are growing stronger.
At ResumeLab, we heard them. But at the same time, we didn’t ignore parents. Read on to listen to both perspectives on how childfree workers are treated.
Parents vs. Childfree Employees
Bigfoot. Yeti. Childfree by choice. Unicorns. The Loch Ness Monster.
Does any element of this list stand out? Once, it probably wouldn’t, but now it does.
Childfree by choice.
We have come a long way to understand that some people don’t want children. Or, for various reasons, they can’t. And they shouldn’t be considered fantastic beasts. Nor should we ask where to find them. They’re in every workplace.
But as research shows, like fantastic beasts, they are misunderstood, their needs are marginalized, and their activities and responsibilities outside of work are baffling. Why? Because they don’t have children. So it’s clear that they have nothing to do after work, true? Well … no.
Childfree employees have hobbies, a second job, or sick parents they need to take care of. They participate in courses and postgraduate studies or go for physiotherapy. Whatever. But they still know how to spend their personal time after work.
So why are we willing to increase their workload, make them do overtime, or deny them a day off? Do parents need it more?
At ResumeLab, we assume that both sides need it equally.
Hope that the above data grabbed your attention. Let’s take a look once again.
Unfair treatment applies to everybody, both childfree workers and people with children. According to our respondents, 72% noticed that childfree workers were mistreated because they don’t have children. The same goes for parents. 67% observed that parents were mistreated because they have children.
Parents strive to maintain the balance between being productive employees and responsible parents. They still worry that employers may not extend their contracts or fire them because of their family responsibilities. But non-parents face difficulties balancing their job (or two jobs) and family too.
If we wanted to satisfy both sides and remain neutral so as not to offend anyone, we could’ve stopped there. But we didn’t. And as we asked more questions, the responses became less neutral.
74% of respondents believed that people with children are treated better in the workplace. And surprise! This wasn’t the opinion of people without children only. Actually, our respondents were dominated by employees with kids. 8 out of 10 survey takers were parents.
But why do both parents and non-parents believe this? As sociologist Amy Blackstone at the University of Maine said, “there’s very little that protects their [childfree] time to care for themselves and their families and enjoy work-life balance.” So, “I have children” as the best excuse at work isn’t just a myth?
Well…
Our respondents say that in their workplace, because of not having children, childfree coworkers at least once:
were denied time-off – 63%
had to work overtime – 69%
were given a greater workload – 70%
So can we say the fair treatment of employees without children is a fairy tale? Not so fast. We can conclude that the situation is very personal for both childfree and parents. But there is much more to discover.
The Hidden Benefits (or Lack of Them)
For a long time, society believed that parents and children come first. A career was of secondary importance. Thus, parents-only benefits are not a myth. This child-centered approach may overwhelm non-parents. Especially childfree women who may be worried that these “family-friendly” workplace policies are “collapsing women’s identity into motherhood.”
So, now childfree workers start to ask: what about us?
Well, nothing. Has anyone ever heard of benefits only for employees without children?
And here we come to some aspects that our respondents observed (and let me remind you of this – they’re mostly people with children).
49% of respondents believe that employees with children are more likely to be promoted in their workplace. In the minority, 29%, we have survey takers who say that people without children are more likely to be promoted. At the same time, 22% are convinced that having children or not doesn’t matter. In their workplaces, both are equally taken into consideration.
The situation is not bad, but it’s leaning toward the parents.
But what about a pay rise? Similarly.
According to our respondents, employees with children are more likely to get a pay rise, 53%. The belief that childfree people are more likely to get a pay rise is shared by 23%. The rest, 24%, think that having children doesn’t really matter.
So again, no children means smaller chances for a pay rise.
What else are childfree workers complaining about? Vacations and days off.
85% of respondents say that people with children have priority when planning vacations and days off. At this point, talking about the unfair treatment of non-parents is quite reasonable.
Anything else to back up such statements?
Respondents themselves admit that working parents have more benefits. This view is shared by 87%. Also, 81% assume that child-related reasons for absences at work are more important for their employer than the reasons of childfree employees.
Let’s make a case here for parents. Parenthood serves as a full-time job, 24/7, always on duty. There is no greater responsibility than equipping the little ones to live a good life. Whatever effort it takes. No doubt here.
But nevertheless, can we be blind to the needs of the childless? Where would it take us?
A case study of Facebook and Twitter illustrated this for us. After introducing COVID-related policies, Facebook employees argued that those have primarily benefited parents, while Twitter childfree workers accused parents of not pulling weight.
Both companies quickly corrected their mistakes, but the distaste remained.
This leads us to paraphrase the wisdom of Yoda: Unfair treatment leads to employee dissatisfaction, dissatisfaction leads to anger, and anger leads to the cold war between employees.
So let’s not go down that road leading to…
Unspoken Pressure
People without children are often taken for granted when there’s a need for extra hours or postpone vacation because “parents need more time.” Society still assumes that childfree are more readily available compared to parents. So their justifications for why they cannot work are often considered less meaningful and trivial.
Are people with children aware of that?
Hopefully, our respondents are aware of this hidden pressure on the childfree. They note some benefits that only people with children can enjoy. At the same time, these areas create pressure on the childless to work longer and harder because the “job must be done.”
Respondents admit that:
Parents take precedence when it comes to applying flexible work policies (86%)
Child-related reasons for being unavailable to work are more valid (77%)
Employees with children have priority when planning a vacation, and other days off (76%)
Employees should be able to take a day off because of a child’s illness (84%)
People with children should have the right to take more days off than the childfree (72%)
These are examples of special treatment of parents. We asked our respondents if they agree with particular concepts that take place in some workplaces. The vast majority agree with them. This is both good and bad. On the one hand, it’s good that people notice the different approaches to employees with children, with the childfree being aggrieved. On the other hand (especially from a parent’s point of view) they don’t necessarily think it’s a bad thing.
Let’s stop here for a minute and look at the last bullet. 72% believe that people with children should have the right to take more days off than the childfree. What about single people with children or men and women with children? Does this apply to them too?
Watch out because we’re going to reveal information not included in the graphic. Also, single moms or dads need special consideration. According to respondents:
77% think single women with children should have the right to take more days off than those who share parental duties with a partner.
74% admit that single men with children should have the right to take more days off than those who share parental duties with a partner.
We find some equality here. But this equality applies to parents. The childless, unfortunately, still have much to complain about.
74% of our respondents believe that:
It’s ok to frequently ask a childfree coworker to stay longer or work more because a parent needs to care for the children.
Childfree employees are expected to work overtime more frequently than their coworkers who have children.
Employers and coworkers assume that childfree people are more readily available because they don’t have children.
It doesn’t give much hope to people without children.
And more is coming. The majority (65%) also see no problem asking childfree why they do not have children.
Is this actually not a big deal? When, according to CDC, about 10% to 20% of men and women report infertility problems in the United States, some may not agree. And those who use medical help additionally spend thousands of dollars to be able to have a child. What if the treatment doesn’t work?
At the same time, 48% of couples admit to having difficulty with conceiving. In their case, we are not yet talking about fertility problems, but the topic is still sensitive.
Considering the above cases, a simple question can be painful. What else, the whole idea of special treatment of parents might be difficult.
Moreover, have you ever considered that such a question might be sexist? Especially asked a woman by a man. Particularly when she can’t have children.
Any neutral ground? Yes. Our respondents believe it’s ok to talk about children in the workplace (82%). Unless you are upsetting people who are trying to have a child and are medically unable to do so.
And here we are. On the one hand, we have parents for whom children are a massive part of life, affecting work. On the other hand, we have childless employees who also have a life outside of work, although without children.
Can we call the situation a deadlock? Any winners?
Should childfree people do nothing, following Google’s former head of human resources Laszlo Bock’s criticism?
Or should they strive for communication, as Krystal Wilkinson, a Manchester Metropolitan University lecturer, advises?
The conversation is vital. It’s easy to accuse childless people of being selfish or parents of acting entitled. But there is a third party in this dispute who should act like a judge—the employer. It’s their job to support all workers and ensure equality.
Let’s Talk About Equality
If we remain silent, we risk being told that these policies are justified… because everyone supports them; if we speak out about our concerns or our exclusion, we risk being accused of selfishness, pettiness, indifference to the plight of hardworking parents and innocent children, or worse.
Childfree or parents, we all want to be equal. And the good thing is that we don’t want to take that equality away from others to make it better for us. And that very sentence is the key summary of the information presented in the infographic.
Equality is a key, as:
92% of respondents are convinced that all employees should be equally treated regarding flexible working hours.
87% think that employers should have the exact expectations for employees with children and childfree workers.
Equality between parents and childless people is also found when talking about the mode of work (remote or office-based). 86% believe that employees should be equally treated regarding how they choose to work.
Most of the respondents, 85%, share the view that employees with the same role should be equally treated when it comes to workload, regardless of whether they have children.
And last but not least, 84% agree that employees should be equally treated when it comes to time off work.
As you can see, in the end, we found aspects that apply both to people with and without children. And both sides agree here, attributing great importance to equality. This is good because it is an essential aspect of our lives, especially our professional lives.
Ideal Worker vs. Ideal Parent
There are no winners or losers. But there is a win-win situation. It assumes a perfect scenario in which:
Employees without children understand that parents need more time and flexibility to take care of their kids.
Parents understand that childfree coworkers have a life outside work, and they don’t use “I have children” as an excuse.
We should stop embracing two conflicting norms: the “ideal worker” sacrificing for work and coworkers, and the “ideal parent” thinking only about family and ignoring the needs of childfree colleagues.
So, let’s travel the road of mutual understanding, choosing the scenario that currently fits our situation.
Methodology
The findings presented were obtained by surveying 938 respondents using a bespoke online polling tool. All respondents included in the study passed an attention-check question. They were asked a series of questions related to their opinions on differences in how parents and childfree employees are treated at work. These included yes/no questions, scale-based questions relating to levels of agreement with a statement, questions that permitted the selection of multiple options from a list of potential answers, and questions that allowed open responses.
Limitations
The data we are presenting rely on self-reports from respondents. As experience is subjective, we understand that there are many potential limitations with self-reported data as some participants and their answers might be affected by recency, selective memory, attribution, exaggeration, self-selection, non-response, or voluntary response bias.
Some questions and responses have been rephrased or condensed for clarity and ease of understanding for readers. In some cases, the percentages presented may not add up to 100 percent; depending on the case, this is either due to rounding or due to responses of “neither/neutral/unknown” not being presented.
Dominique is a career expert specializing in resume and cover letter writing advice. Having worked for both start-ups and corporations, she knows all the ins and outs of the recruitment process. At ResumeLab, Dominique shares her knowledge with job seekers at all stages of their career paths, from interns to directors to C-suite members.
?”Busy does not equal results,” admonished Julie D. Burch during her laughter-filled, standing-room-only concurrent session at the SHRM Annual Conference & Expo 2022 in New Orleans on June 13.
“It’s about [being] efficient, effective and productive” and thinking about how we spend our time. “We do not find time in big chunks. We find it in small pieces—it’s minutes here and minutes there,” she pointed out during her presentation, “Crash Course to Effectiveness: Time Management for the Overworked, Overstressed and Overwhelmed.”
Burch is an author, training and development expert, and president of Julie Burch Speaks, based in Flower Mound, Texas.
People tend to fall into one of four destructive time-management styles, she said:
The Busy Bee. This person has their hands in everything, doing a little bit of everything and finishing nothing.
The Fire Chief. This person is constantly reacting to the next crisis, taking care of everyone else while not getting their own work done.
The Superhero. This person zooms in with good intentions to help others, leaving little time for their own tasks. “The reality is, the superhero is super-stressed,” Burch said.
The Procrastinator. This person is always in deadline mode. People typically procrastinate by diverting their time to less important tasks, rationalizing “it’ll just take 10 minutes.” Pretty soon, all those 10 minutes add up and there is no time left to tackle the big project, which gets pushed aside.
Tips and Techniques
“Everybody only gets 24 hours in the day. If we’re going to invest our time in something, it needs to be a good investment of our time. Pay attention to what you’re spending your time on,” Burch advised.
She shared the following recommendations for how to do that:
Batch. Perform similar tasks together and at regularly scheduled intervals.
Break tasks into small pieces.
Be accountable. Tell someone else what you plan to work on today, and then have them check in with you later to ask if you followed through with your intentions.
Reward yourself when you accomplish a task.
Create two to-do lists—a master list extending far into the future and a focused daily to-do list. Use them to prioritize and track what you need to accomplish. “Learn to schedule your priorities, not prioritize your schedule,” Burch said. Consult your master list and daily list first thing in the morning, and update the daily list throughout the day. As you tackle the items on your list, ask yourself this power question, Burch advised: “Is this a ‘today’ task or an ‘after-today’ task? If today, it goes on the focused to-do list.”
Establish a weekly block plan on how you will use your time. Chip away at a large goal, for example, by dedicating time for it on your calendar, closing your door and treating that time as inviolate. “We bounce from thing to thing, reacting to the urgent demands of others. Learn to set boundaries. It’s not about telling people ‘no’; it’s about telling people ‘yes … later. I’m happy to help you. Here’s when [I’m available],’ ” she advised.
Take action. “You can’t spend your whole day saddlin’ up and not riding,” Burch said, invoking a Texas saying.
Jennifer Costa, HR manager at Roots Community Health Center, an Oakland, Calif.-based company with 200 employees, expects that these tips will help her prioritize at work.
“There’s a project I’ve been putting off that I’m [now] looking forward to tackling,” she said. “It’s a handbook I’ve been putting off for a year.”
Some prominent U.S. companies are being sued by remote workers alleging that their employers had a legal obligation under state law to reimburse them for work-related expenses.
The issue of paying for remote workers’ expenses, whether because of legal obligations or as a way to attract and keep talent in a tight labor market, isn’t going away as the pandemic recedes, even as some big-name employers, such as Tesla, demand that employees return to the worksite. According to new research by the Society for Human Resource Management (SHRM) Research Institute, 48 percent of about 1,700 surveyed workers in the U.S. said they will “definitely” seek a remote position for their next job.
“Close to a quarter of respondents currently working in an onsite position say that they definitely want a remote role in the future,” said Mark Smith, Ph.D., SHRM’s director of HR thought leadership.
Lawsuits Seek Remote-Cost Reimbursement
On the legal front, a class-action lawsuit brought by California workers against Amazon claims that the online retail giant violated state laws by failing to come up with a policy to compensate employees for remote-work-related expenses, such as monthly Internet costs, phone and personal computer use, and office supplies, Bloomberg reported.
“These suits raise questions over employers’ obligation to pay for things like cellphone and Internet connections, supplies, and even a portion of the employees’ utility bills,” wrote Jonathan M. Crotty, a partner with Parker Poe in Charlotte, N.C.
There are no federal laws requiring remote-work reimbursement unless these expenses drop employees’ pay below the minimum wage. “However, a number of states require employers to reimburse employees for necessary business expenses,” Crotty noted. “Exactly what constitute necessary expenses remains unclear, especially when the items involve things like Internet connections that employees also use for non-business reasons.”
If employers decide to adopt reimbursement policies, Crotty advised, these policies should:
Clearly define and provide reimbursement for legitimate expenses associated with telecommuting.
Include proportional reimbursement for expenses that have dual business and personal uses.
“Documentation of such expenses and reimbursements could help avoid later disputes with employees who claim that they incurred unexpected costs associated with their work-from-home arrangements,” Crotty said.
Danielle Lackey, chief legal officer at Boston-based Motus, which provides reimbursement apps for businesses, noted that a California judge denied Amazon’s request to dismiss the lawsuit.
“The court rejected Amazon’s reasoning that where employees are working from home because of government mandates, the reimbursement obligation need not apply,” Lackey said. “This is a reminder to employers that there is real risk and meaningful exposure for companies that fail to reimburse their workers in compliance with the applicable laws, as the penalties associated with failure to properly reimburse employees can add up very quickly.”
Reimbursing Expenses
There is evidence that reimbursing work-from-home expenses is good for employers as well as employees. A 2022 survey of more than 1,000 U.S. workers by payroll and HR services firm Paychex found that the benefits most desired by employees include those for remote-work expenses, including home office stipends (cited by 31 percent of respondents) and Internet reimbursement (30 percent).
Some employers are responding to this desire in an effort to attract and keep in-demand talent. Business advisory firm Deloitte, for example, announced earlier this year that it was rolling out $500 work-from-home subsidies as part of an expanded compensation and benefits package.
“We initiated a work-from-home technology subsidy of $500 and a temporary expansion of reimbursable commuting expenses to enhance hybrid work, further enable the transition to new ways of working, and to help our professionals feel safe connecting with each other in person,” the company said.
SHRM Benefits Survey Looks at Remote Work Reimbursement
The SHRM Research Institute’s 2022 Employee Benefits Survey found that 62 percent of organizations said they offer employees a subsidy or reimbursement for at-home office or work equipment. Among those organizations:
Employers, on average, provided about $891 to employees to cover costs related to working from home.
Most employers (95 percent) cover costs related to work technology, such as computer monitors, keyboards or headsets.
Over two-thirds (68 percent) cover costs related to general office supplies like pens or notepads.
Nearly one-fourth (24 percent) said they cover the cost of chairs for employees working from home.
The survey was conducted from Jan. 11 to Feb. 28, 2022, with responses from 3,129 HR professionals at organizations across all sizes, industries and sectors.
Employer Considerations
“Whether or not employees should be reimbursed for their personal assets can depend on where the employee lives,” Lackey said. States such as California, Illinois, Montana and others require employers to reimburseemployees for necessary expenses that benefit the employer, including mixed-use assets like mobile devices. In these jurisdictions, “employees with unlimited personal phone plans who use their phone for work must be reimbursed a reasonable percentage of those costs—even though the outlay by the employee hasn’t changed.”
Beyond the legal obligation, Lackey noted, employers often elect to reimburse their employees for work-related expenses “because it is the fair thing to do.”
When doing so, she explained, “there are a lot of variables that go into making fair and accurate reimbursements. Geography is a key factor. People living in San Francisco know that their costs are higher than co-workers’ [costs] in Boise, so employers should regionalize their reimbursement strategies.”
Mobile device use results in both fixed costs, such as carrier fees, and variable costs, such as data usage, Lackey pointed out. “The same thing applies to expenses associated with any asset that employees might use to support their employer’s business: vehicles, Internet, home office, etc. To ensure fair and accurate reimbursement for every employee, employers need to take all of these factors into account.”
Reimbursement Advice from SHRM22
Some states, such as California under Labor Code section 2802, mandate employee reimbursement for remote workers’ business expenses, said Brenda S. Kasper, SHRM-SCP, speaking June 15 at the SHRM Annual Conference & Expo 2022 in New Orleans.
Nationwide, the Fair Labor Standards Act (FLSA) provides that mandated employee expenses cannot reduce employee wages below minimum wage or cut into overtime wages, said Kasper, founding member of the law firm Kasper & Frank LLP in San Diego, in her concurrent session “Managing Employees in the Virtual/Hybrid and In-Person Worlds: Avoiding Wage and Hour Pitfalls.”
Reimbursement may not be necessary if the expense “is only for the convenience of the employee, even in California,” Kasper said.
In addition to statutory requirements, “check whether a contractual entitlement to expense reimbursement exists under the employer’s expense reimbursement policy,” as employers can be held to their policies if employees sue, Kasper advised.
Internet service and use of a cell phone may be “necessary” but a printer and paper may not be, depending on the job. A camera-equipped device may be required for Zoom calls but a ring light probably isn’t.
Some employers may require keeping files secure, so file cabinets with locks could be a necessary expense for some jobs.
What about reimbursements for business and personal “mixed use” items? Employer requirements could vary depending on how state statutes are written, Kasper said.
Rather than reimbursing employee expenses, many employers choose to deliver necessary work materials to remote workers. “They send them the equipment,” Kasper noted.
Others choose to provide a fixed monthly stipend based on good faith and a reasonable estimate of the employee’s reimbursable expenses.
Otherwise, reimbursement should be provided based on receipts or other documentation, Kasper said. Review and update expense reimbursement policies, keep track of expenses being paid and establish guardrails so reimbursements don’t get out of hand and strain budgets.
Fully remote employers who live beyond a normal commuting distance may be entitled to travel reimbursement if employers request that they visit the office.
As for mileage reimbursement for those who use their personal vehicles to conduct business, “follow the IRS standard mileage rates,” which have recently been raised for the second half of 2022, Kasper advised.
?Colorado recently expanded whistleblower protections at the state law level, and employers need to make sure their health and safety protocols are fully compliant if they want to avoid costly litigation.
Under the new law signed by Gov. Jared Polis on May 31, both employees and independent contractors may now file a complaint with the Colorado Department of Labor & Employment (CDLE) if they have a reasonable, good faith belief that that their employer is committing a workplace violation of a government health or safety rule or a significant workplace health or safety threat.
The law, which went into effect immediately, expands Colorado’s Public Health Emergency Whistleblower (PHEW) law into broad new territories.
What do you need to know about this new law, and what should you to do to prepare?
Summary of Key Elements
The PHEW law was initially enacted in 2020, permitting employees to raise workplace health or safety concerns related to the COVID-19 pandemic to the CDLE. Now the law has been expanded to include any violation of a health or safety rule, regulation, or other significant health or safety threat.
Employers with at least five independent contractors or workers are subject to the expanded PHEW law.
The new law does not obligate employers to address a worker’s health or safety concern. But businesses cannot fire or take other adverse action against the worker for raising such a concern, as long as the concern was reasonable and in good faith.
The law permits workers to voluntarily wear their own PPE, as long as they are still able to perform their job duties safely.
Costly Whistleblower Complaints
The recently enacted PHEW law permits whistleblowers to file complaints with the CDLE and then ultimately in state court. Whistleblowers also have a host of federal laws that they can file under with the U.S. Department of Labor.
Under Section 105(c) of the Mine Act, miners who believe they have been discharged or otherwise discriminated against in retaliation for voicing health or safety concerns may file a complaint with the U.S. Secretary of Labor.
Under Section 11(c) of the OSH Act, employees at an OSHA-covered worksite who believe they have been discharged or otherwise discriminated against can file a similar safety and health complaint.
If an employee believes that there are multiple reasons for their discipline or termination, they may also file with the federal Equal Employment Opportunity Commission or local state discrimination agency. These complaints do not typically involve safety concerns, but allege that in addition to safety, the employee’s discipline or termination was due to their race, gender, or religion.
Whistleblower complaints can be costly and time-consuming for a company. They typically involve many managers or front-line personnel and can raise a multitude of specific incidents, requiring many witnesses to refute or defend against.
An employee may raise the same incidents or other incidents involving the same witnesses in multiple complaints filed with various state or federal agencies.
An employer may have to defend themselves in front of multiple agencies at the same time, filing multiple position papers and subjecting the same witnesses to various interviews covering similar topics.
What Employers Can Do to Prepare
No employer is immune from a whistleblower complaint. Disgruntled employees can use the various administrative processes to try and force a settlement payment.
Employers can defend against these types of complaints by thoroughly documenting the basis for a disciplinary decision or termination decision. Being able to illustrate consistency with other employee decisions, and that any decision was unrelated to an employee’s prior safety complaint, will be critical in establishing a defense to any complaint.
Furthermore, there are multiple efficiencies with having one firm handle both your whistleblower and discrimination cases. The documents have been pulled, witnesses interviewed, and defenses developed. This approach helps maintain consistency and avoid duplication of effort. Perhaps most importantly, any inconsistencies in the employee’s arguments are quickly discovered and can be used in both administrative proceedings.
