5 Best Practices for Compliant and Consistent Employee Relations

March 26, 2013

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Housekeeping

• This webinar is approved for 1.0 hours of recertification credit.

• You MUST attend for the entire 60 minutes to receive credit.

• Emily Lewis (elewis@dovetailsoftware.com) will email you the program id # within 24 hours.

• The webinar is being recorded and the slides and recorded presentation will be emailed to you as well.

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Who is Dovetail?

• Delivers SaaS-based HR Case Management & Help Desk solutions

• Helps HR pros better communicate with each other & employees

• Supports HR Pros through education and technology

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Dwane Lay, SPHR Head of HR Process Design

Dovetail Software

@DwaneLay

Today’s Speakers:

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Mike Haberman, SPHR Consultant & Co-founder

Omega HR Solutions

@MikeHaberman

What We’ll Cover

• Meeting the need of Federal statutes

• Why documentation is important

• How documentation will get you in trouble

• What is necessary for good documentation

• What tools can be used

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“I would prefer to have one page of documentation rather than 10,000 words of testimony” - said by an Employment Law Attorney

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Bane and Blessing

Documentation is both a bane and a blessing for HR. Difficult to get people to do it, but it is preferred by attorneys and believed by judges and juries.

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Why documentation is good

Helps you meet the requirements of Federal Statutes

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What is needed under the ADA

Applications for hiring

Requests for accommodation

Record of interactive discussions on requested accommodation

All records pertaining to promotion, demotion, transfer,

lay-off or termination, rates of pay or other terms of compensation, and selection for training or apprenticeship for one year after making the record or taking the action described

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What is needed under the FMLA

Dates FMLA leave is taken

Leave must be designated in records as FMLA leave

Hours of the leave if less than 1 full day

Copies of employee notices of leave furnished to the employer under FMLA

Copies may be maintained in employee files

Documents (including written and electronic records) describing employee benefits or employer policies

Premium payments of employee benefits.

Records of any dispute between the employer and an eligible employee regarding designation of leave as FMLA leave

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What is needed under the FLSA

Employee's full name and social security number

Address, including zip code

Birth date, if younger than 19

Sex and occupation

Time and day of week when employee's workweek begins

Hours worked each day

Total hours worked each workweek

Basis on which employee's wages are paid (e.g., "$9 per hour", "$440 a week", "piecework")

Regular hourly pay rate

Total daily or weekly straight-time earnings

Total overtime earnings for the workweek

All additions to or deductions from the employee's wages

Total wages paid each pay period

Date of payment and the pay period covered by the payment

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What is needed under OSHA

OSHA logs 300/300A

Training logs

First report of injury

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Why documentation is good

“The palest ink is better than the best memory.”

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Why documentation is good

Helps knowledge retention.

You do not need to have the original parties to have a recollection of the event or conversation.

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Why documentation is good

Provides the legal documentation needed to defend the company in a lawsuit

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How documentation will get you in trouble

Emails and memos that show you knew you were doing something wrong.

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How documentation will get you in trouble

The supervisor’s “secret file” that HR didn’t know about.

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How documentation will get you in trouble

Statements that show bias against a protected category

“Due to his age John seems to be slowing down a bit.” “Her pregnancy has her distracted.”

“Fred gets around well for someone missing one leg.”

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The Four Steps Necessary for Good Documentation

1 • Definitions everyone understands

2 • Training for everyone on

documentation

3 • Consistent application

4 • Consistent timeliness

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Tools

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Case Management

Sensitive Case Safeguards

Sensitive Note Safeguards

Documentation Process

• Who owns it?

• Who tracks it?

• Who does it?

• Who reviews it?

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Congratulations!

You’ve earned 1.0 hour of general

recertification credit

Your program ID will be emailed to

you within 24 hours.

The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute's criteria to be pre-approved for recertification credit.

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What’s Coming!

HCI Webinar: How to Run HR Shared Services Like a Thriving Business

• April 24th – 12pm EDT

• Panel Discussion

• Hosting Jointly with cFactor

• 1.0 hour of HRCI Recertification Credit

• Register at www.dovetailsoftware.com/hr-webinars

Ebook: 5 Essentials for Making HR Service Delivery Look & Feel Effortless

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Thank You

Dovetail Software

(800) 684-2055

@dovetail

dovetailsoftware.com/dovetailconnectblog

dovetailsoftware.com

info@dovetailsoftware.com

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