If you’re new to human resources or need to strengthen your employee management skills, this program is for you!

Learn the basics of HR to improve valuable on-the-job effectiveness, protect your business from needless litigation, and help advance your career.

Topics covered include:

1. Human Resource Management
2. Employment Law
3. Recruitment and Selection
4. Compensation and Benefits
5. Employee Development
6. Performance Management

Most companies pay for this course through tuition assistance or professional budgets; ask your employer if you qualify!

Registration begins June 15, 2012. Class size is limited.

Course Title: HRPO-1000-31369 Essentials of HR Management (Synonym: 0248591) Schedule: Thursday/Friday, October 11–12, 2012 8:00 a.m.–4:30 p.m. Location: TCC Corporate Training Center Alliance Texas 13600 Heritage Parkway, Suite 100 Fort Worth,TX 76177 Course Investment: $475 (Includes classroom instruction and SHRM Essentials of HR Management materials)

HOW TO REGISTER Online: Go to http://www.tccd.edu/Continuing_Education/Career_Programs/SHRM.html Fax: Send the completed registration form and credit card information to 817-515-7094. Mail: Mail the completed registration form and check, P.O., or credit card information to: Tarrant County College Northwest Campus Office of Continuing Education Services, WADM 120A 4801 Marine Creek Parkway Fort Worth, TX 76179

Registration ends September 28, 2012.

For additional information, contact Marisa Reyes at 817-515-7049 or email marisa.reyes@tccd.edu

Call 817-343-0066 for a free telephone consultation to discuss Human Resources at your company.

• They engaged in a protected activity
• They experienced an adverse employment action
• There was a causal connection between the protected activity and the adverse action.

Companies, to protect themselves against retaliation claims, should have documentation that the true reason for the adverse employment action was a legitimate and a non-discriminatory reason.

What Can Protected Activity Include?

• Complaints of discrimination or harassment (Title VII, ADA, ADEA, GINA, USERRA, state statutes)
• Denials of fair pay and leaves (FLSA, EPA, ERISA, state statutes)
• Health and safety violations (OSHA and state equivalents, Workers’ Comp, HIPAA)
• Whistleblowing (Sarbanes Oxley, Dodd Frank Act, state whistleblower acts)
• Reporting false claims to the government (False Claims Act and state statutes)
• Concerted activity (LMRA, NLRA; includes union and nonunion employers)
• Actions covered by other state statutes and city ordinances.

Retaliatory Conduct Can Include the Following:

• Ignoring or ostracizing
• Leaving out of formal or informal meetings
• Threatening
• Changing pay, changing workload, changing shifts
• Refusing reasonable requests
• Issuing verbal or written warnings
• Suspending/Transferring/Demoting/Terminating
• Withholding opportunities for advancement
• Punishing an employee
• Punishing the complaining person’s family or close friends
• Giving negative references

What Is Not Retaliation?

• The employee did not act in good faith when making the complaint or engaging in opposition.
• The adverse employment action was not a material action that would deter an employee from engaging in or supporting a protected activity.
• The person who made the decision to impose the adverse employment action did not know that the employee engaged in a protected activity.

References:

• Jody Katz Pritikin, HR Daily April 11, 2012, Retaliation—Shoulda Put a Ring on It!
• Burlington Northern and Santa Fe Railway Co. v White (2006). This case established the broad view of what constitutes “adverse action,” including conduct that dissuades a worker from making or supporting a claim.
• Crawford v. Metropolitan Govt. of Nashville (2009). This case established that a witness who participated in an internal investigation engaged in a “protected activity.”
• Kasten v. Saint-Gobain (2011). This case established that a verbal complaint about time clock placement was sufficient “opposition” for FLSA retaliation claims.
• Thompson v. North American Stainless LP (2011). This case showed that Thompson had 3rd party standing to sue when his fiancée engaged in a protected activity and the adverse consequence was Thompson’s termination. This case also established the concept that “firing a close family member” would almost always meet the retaliation standard.

Call 817-343-0066 for a free telephone consultation to discuss Human Resources at your company.

An oral complaint of a Fair Labor Standard Act (FLSA) violation is protected conduct under the statute’s anti-retaliation provision.  The act protects employees who have filed any complaint, whether oral or written with their employers.  

Per the Supreme Court:
“A complaint must be sufficiently clear and detailed for a reasonable employer to understand it, in light of both content and context, as an assertion of rights protected by the statute and a call for their protection.”

Employers should document its response to oral complaints and remember it is a prudent defense to potential retaliation claims.  

References: Smith, A. (SHRM, 3/22/2011). Supreme Court: FLSA Anti-Retaliation Provision Applies to Oral Complaints., New York Times (3/22/2011) Justices Back Employee in Wage Complaint Case., (Kasten v. Saint-Gobain Performance Plastics Corp., No. 09-834).

Call 817-343-0066 for a free telephone consultation to discuss Human Resources at your company.

Here are the Strategic Planning Steps and Phases:

• Define where the Company wants to be (i.e. business goals)
• Gather information (internal and external)
• Develop alternative strategies, then select a strategy that will provide the best chances of meeting Company goals
• Implement the plan
• Evaluate and revise when needed

 Phase I: Strategy Formulation – vision, mission and values developed.

Phase II: Strategy Development – SWOT Analysis (internal strengths and weaknesses, external opportunities and threats).

Phase III: Strategy Implementation — Short term objectives established, action plans and resources allocation.

Phase IV: Strategy Evaluation – strategy review and measurement (scorecard).

References: SHRM.org

Call 817-343-0066 for a free telephone consultation to discuss Human Resources at your company.

Here is an outline of what I covered in my speech:

• Hispanic vs. Latino – which is correct?
• Hispanization of America
• Latino Values, Needs and Expectations
• Expectations of Employers
• Recruitment Strategies
• Performance & Employee Cultural Considerations
• Rewards and Motivation
• Unionization and Employee Relations
• Overcoming Communication Barriers

Note: our firm now provides management training regarding this critical employer topic. 

Call 817-343-0066 for a free telephone consultation to discuss Human Resources at your company.

This federal law binds most employers and the Civil Rights Act of 1991 allowed for jury trials where plaintiffs could seek compensatory punitive damages.

Title VII of the Civil Rights Act includes:

• Prohibits sexual harassment.
• Prohibits segregation based on above protected classes.
• Prohibits discrimination based on pregnancy, childbirth, or related conditions.
• Prohibits discrimination in compensation practices.

References; Shrm.org

Call 817-343-0066 for a free telephone consultation to discuss Human Resources at your company.

Do you have challenges communicating with others?

If so, finding out why will help your business and relationships flourish!

There are four primary communication styles. Learning and understanding these styles can unleash powerful team effectiveness, enhance relationships, and increase customer loyalty.

The DISC Profile Assessment tells us what communication tendencies a person has and their desired work environment. It also identifies what a person needs from others and what they need to be effective.

10 Benefits of DISC training:

1. Deal with conflict more effectively
2. Increase sales by understanding how potential customers communicate and make decisions
3. Enhance teamwork and reduce team conflict
4. Develop strategies and awareness to deal with diversity
5. Understand behavioral strengths and challenges in yourself and others
6. Learn to appreciate the differences and strengths of others
7. Improve customer relationships and customer satisfaction
8. Reduce personal and organizational conflict, stress, and turnover
9. Improve communication skills through determining communication styles
10. Enhance and develop your coaching and mentoring skills

The DISC profile was developed in the 1920’s by American Psychologist William Moulton Marston. Hundreds of companies in the United States use this tool to measure the four communication preferences.

Call 817-343-0066 for a free telephone consultation to discuss Human Resources at your company.

The Department of Labor (DOL) released new Family Medical Leave Act (FMLA) certification forms with an expiration date of February 28, 2015.

The new forms do not have the “safe harbor” language required by the Genetic Information Nondiscrimination Act (GINA), which informs employees that they should not provide any genetic information when responding to an employer’s request for medical information. All employers are advised to include the safe harbor notice with requests for medical certification.

The Equal Employment Opportunity Commission (EEOC) has suggested the following language:

The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, we are asking that the employee not provide any genetic information when responding to this request of medical information. “Genetic information” as defined by GINA, includes an individual’s family medical history, the results of an individual’s or family member’s genetic tests, the fact that an individual or an individual’s family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual’s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.

The new forms are:

• Certification of Health Care Provider for Employee’s Serious Health Condition
• Certification of Health Care Provider for Family Member’s Serious Health Condition
• Notice of Eligibility and Rights and Responsibilities
• Designation Notice
• Certification of Qualifying Exigency for Military Family Leave
• Certification for Serious Injury or Illness of Covered Service member—for Military Family Leave.

All forms can be found at the link below:

Reference: http://www.dol.gov/whd/fmla

Call 817-343-0066 for a free telephone consultation to discuss Human Resources at your company.

1) While companies are not legally required to maintain job descriptions for every job, it is in an employer’s best interest to do so since job descriptions are one of the most effective tools to establish which job functions are essential. Job descriptions outline the necessary knowledge, skills, and abilities each position must have to complete work tasks successfully.

2) Job descriptions clearly identify the expectations and responsibilities of the job. This will support Employers’ when addressing exempt/non-exempt status under the Fair Labor Standards Act’s (FLSA) for wage and hour purposes.

3) Job descriptions outline the working conditions, tools, and equipment necessary to complete the job. This can aide Employers’ with OSHA requirements as well as potential Workers Compensation concerns. Knowing what job functions, expectations, responsibilities, and working conditions are essential is critically important to many employment decisions businesses make on a daily basis. Job descriptions can facilitate employers in recruiting, training, development, compensation, performance evaluations, promotions, discipline and terminations.

4) Job descriptions document the mental, physical, and environmental factors necessary to complete the position. Job descriptions help the employee understand the essential functions of the job and attest to understanding what is expected of them. This also provides an opportunity for the employee to ask for any accommodations under Americans with Disability Act Amended (ADAAA).

Job descriptions should include the following:

• Heading information – include job title, pay grade or range, reporting relationship (by position, not individual), hours or shifts, and the likelihood of overtime or weekend work, and exempt or non-exempt position status.
• Summary objective – list the general responsibilities and descriptions of key tasks and their purpose, relationships with customers, coworkers, and others, and the results expected of the employee.
• Qualifications – state the education, experience, training, and technical skills necessary for the position.
• Special demands – include any extraordinary conditions applicable to the job (i.e. heavy lifting, exposure to temperature extremes, prolonged standing, or travel).
• Job duties and responsibilities – identify task that comprise about 90 to 95 percent of the work done and listing tasks with approximate time demand (i.e. 1/3 or 2/3 of the day expected to stand).

References: February 23, 2012 HR Daily Advisor, 5 Critical Components Every Job Description Must Contain; February 22, 2012, HR Daily Advisor, Backburner Job Descriptions? You’d Like to, But You Can’t.

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Did you know that employee wellness can reduce your Company’s costs?

Its true! Employees who live more healthy lifestyles translate to cost savings for their Companies.

Workplace wellness programs focus on the physical and mental well being of the employees. Wellness initiatives or programs include exercise programs, healthy choices in the employer vending machines, stress management courses and nutrition advice. For small to medium employers, wellness programs can be an option through your health benefits program.

Employers should considered these top 5 reasons for implementing a Wellness Program in their Company

1. Controlling Health costs and in Some Cases Decreased Costs
2. Reduce Absenteeism
3. Increased Productivity
4. Reduce Injuries
5. Improved Morale, Retention and Loyalty

References; Miller, Stephen (4/20/2011) Declining Health of U.S. Workers is Driving Up Employer Costs. SHRM.org

Call 817-343-0066 for a free telephone consultation to discuss Human Resources at your company.