Be Part of the Ultimate Safety & Compliance Community
Trending news, knowledge-building content, and more – all personalized to you!
Positive employee relations begin with first impressions and continues through to all stages of employment. When it comes to employee relations, employers can either choose to control employees as much as possible, or they can choose to trust employees and deal with any “bad apples” as they are discovered. Moving from a culture of control to a culture of trust requires a shift in organizational thought patterns, but it can be done.
Positive employee relations begin with first impressions made during the advertising, interviewing, and onboarding process. The employment relationship then continues, from maximizing performance and minimizing conflict to developing employees for future success. Of course, employee relations will suffer if employees do not feel appreciated, so rewards and recognition are also important. If conflict develops, the employer may have to manage the problems and possibly impose discipline or take corrective action.
When it comes to employee relations, employers can take one of two approaches: they can choose to control employees as much as possible because they believe they inherently can’t be trusted, or they can choose to trust employees and deal with any “bad apples” as they are discovered. Moving from a culture of control to a culture of trust requires a shift in organizational thought patterns, but it can be done.
Workplace diversity refers to the characteristics, beliefs, perspectives, abilities, traits, and experiences people bring to the workplace.
Characteristics include:
Beliefs and perspectives include:
Abilities is a broad category and may vary between:
Diversity exists wherever there are differences among a group of people. All employees share similarities and differences, and every workplace is diverse because everyone is unique. Just like no two people are 100 percent identical, no two workplaces are 100 percent identical.
Workplace inclusion is defined as the sense of belonging, connection, and community while at work. Employees in an inclusive organization commonly say they feel:
The Equal Employment Opportunity Commission (EEOC) requires organizations with more than 100 employees to report demographic data. Demographic data includes the gender, race, and ethnicity of employees. Federal contractors have similar reporting obligations.
Other organizations simply understand the benefits of diversity and choose to voluntarily collect and monitor demographic data to gain greater insight and a better understanding of the makeup of their workforce.
There are many benefits of a diverse and inclusive workforce, including:
Employers are not required by law to provide a company handbook to employees. However, providing the workforce with an overview of company policies and procedures is considered a best practice. This can be done in a printed handbook or on line. Policies that are made available electronically are easier to keep up-to-date. Make sure all employees know how and where to access the policies.
During employee orientation, refer to the handbook or online library of policies as the company’s rule book or code of conduct. Provide contact information in case the new employee has questions about the various policies in the future.
While specific policies are generally not required by federal law, developing a policy may be a condition of a government contract. For example, federal contractors may need an equal employment policy.
Similarly, federal law does not specifically require employers to have a sexual harassment policy, though some states do require this.
In most cases, however, where a state or federal agency wants to make employees aware of rights under a law, the agency will require a poster or other notice be placed in a conspicuous location, rather than mandate that an employer develop a policy.
For example, all employers must post notices about workplace safety as well as wage and hour laws, and most employers must post notices about equal opportunity employment, harassment, and workers’ compensation laws.
The Equal Employment Opportunity Commission recommends that in addition to posting any required notices, employers should have written policies on:
Additionally, employers may want policies on:
There are several ways to get employees to read the company handbook, such as:
Avoid having employees sign a statement that says they “have read” the handbook if they have not done so. If there is a later dispute, a statement that says they “agree to read” the handbook more accurately reflects the situation and places responsibility on the employee.
The National Labor Relations Board (NLRB) has found that employee activity on social media can be protected activity under the National Labor Relations Act (NLRA). The NLRB has often found that policies which restrict employee use of social media are overly broad and constitute an unfair labor practice by chilling employees’ rights to discuss wages, hours, and working conditions.
Employers may not instruct employees to refrain from discussing any company matters or the terms and conditions of their employment on social media. While employers can expect employees to refrain from simply badmouthing the company online, a policy must leave room for employees to engage in protected activity.
Given previous enforcement efforts, constantly changing interpretations, and the need to monitor NLRB activity and update the policy regularly, some employers (and attorneys) find social media policies are not worth the effort. If the prohibited conduct is covered in other policies, such as professional conduct, off-duty conduct, or email and internet use, employers may opt to forgo a social media policy altogether. If employers do not have access to legal counsel to review their policy, this may be a safer option.
Alternatively, a social media policy might be pared down to the bare bones. It might simply clarify that the employment relationship continues to exist when employees are away from work, and that policies on discrimination, harassment, threats of violence, or other conduct remain enforceable when employees are not on the premises. This allows the employer to address conduct violations and protect other employees, but may avoid the potential pitfalls of imposing limitations that are later deemed to be overly broad.
Many employers implement dress codes to maintain and present a professional atmosphere. Some organizations need to restrict the type of clothing that can be worn for safety reasons (such as loose-fitting clothing that could be caught in machinery). However, safety is a legitimate concern for clothing restrictions, and generally doesn’t bring up the same issues as a general dress code. Dress codes may also involve the use of uniforms.
It is recommended that employers have a written dress code policy. Enforcing expected standards for clothing and appearance can be challenging if employees have never received any notice or indication that such standards exist. Without a formal policy, employers are more likely to face resistance about whether an individual’s appearance is inappropriate.
How can an employer create a dress code policy that will allow employees flexibility in their appearance, but still allow the company to present a professional image and determine that a particular outfit is not acceptable? Consider:
If employees arrive wearing inappropriate clothing, an employer might:
In addition to safety, employers should consider factors such as:
If employees display a disheveled and untidy appearance, address it in private as a performance issue and reiterate the company’s expectations of professional attire. However, keep in mind that if this is a recent change, they could be suffering from depression or other problems. Without getting too personal or asking for details, simply state that the change has been noticed, and that if there is anything going on in their personal life that is causing stress, they might want to consider using the Employee Assistance Program (if available) or seek counseling. Ensure them that the company is supportive, but must still insist upon professional appearance at work.
Individuals may take criticism personally. Employers have the right to correct employees, and correcting them promptly will help avoid problems in the future and set the right example for other employees. But employers should be sensitive to avoid hurting employees’ feelings and making them feel uncomfortable. For any potentially embarrassing topic, especially one that might result in discipline, it’s a good idea to correct employees in private and reinforce that the company has no desire to embarrass them, but needs them to remedy the situation.
An exception might be if there’s a concern that correcting an employee’s attire could be construed as sexual harassment. While it’s rare that asking an employee to observe the dress code would result in a bona fide harassment claim, take extra time to consider how to approach the situation, and consider having another individual in the room. For example, if a male supervisor must address complaints about a female employee’s low-cut blouse, it may be a good idea to request the help of a female manager or HR representative.
There are times when an employer may not want to follow the dress code to the letter. For example, employers may be required to make exceptions as a religious accommodation. Religious expressions that may need to be accommodated might include, but are not limited to, beards, tattoos, or head scarves.
Most employees who aren’t following the dress code won’t put up a fight or feel as though they’re being harassed when questioned about their attire. When possible, reference the company policy when correcting employees. If the particular issue doesn’t appear in the dress code, try to explain why the issue is problematic in the workplace and that the dress code isn’t meant to be all-encompassing. Most employees will agree to remedy the situation without much of a fuss.
Because employment laws don’t specifically protect employees or applicants from discrimination based on tattoos, employers are generally able to discriminate. However, a considerable portion of the U.S. population has tattoos, so companies may want to consider the following questions before adopting a policy that prohibits employees from having visible tattoos or ruling out an applicant with ink:
An EAP provides a confidential counseling and referral service to employees and their families for dealing with personal problems. These problems may include:
The EAP represents an alternative that will help both the employee and the supervisor address personal problems which may affect job performance.
Referrals to an EAP (or to community resources, if an EAP is not available) may be formal or informal. An informal referral may not involve much more than letting employees know that assistance is available, and that taking advantage of the program may help them resolve personal problems—which not only helps employees, but should help address the impacts on the workplace. Employees should be educated on EAP resources and how to access them during onboarding, and reminded of them frequently throughout their employment.
A formal referral might require the employee to attend counseling sessions, perhaps even as a condition of continued employment. For example, if an employee has regular conflict with coworkers, anger management counseling or conflict resolution courses might be required as part of the disciplinary process.
Keep in mind that if an employee is mandated to attend counseling as a condition of employment, that time will have to be considered paid working time. Under the Fair Labor Standards Act, “hours worked” generally includes all time spent acting under the direction or control of the company.
Employers have many options when establishing an EAP program. The most common EAP delivery models are:
Absenteeism refers to lost productivity when employees don’t report for work, while presenteeism refers to lost productivity due to illness, fatigue, or other conditions that keep employees from working at peak performance. Perhaps managers overhear employees say things like:
The most common causes of presenteeism include:
Often, the symptoms aren’t serious enough for an employee to miss work entirely. However, these conditions can distract employees, reduce productivity, and lead to increased accidents. Fortunately, the company can take steps to help the afflicted employees by using anonymous questionnaires that might include “distracted worker” factors during health risk assessments. The goal is not to identify “slackers,” but to try and learn how many workers suffer from common conditions, how often they have symptoms, how many hours they were affected by each condition in the last two weeks, and how many days they were affected in the last year. The list of conditions might include:
Targeting issues with the most hours or most days of lost productivity will show the largest return on investment. For example, if numerous employees report migraines, the company might offer a seminar on the causes, symptoms, and treatments for migraines. Treatments and counseling are also available for conditions like sleep disorders, asthma, and depression. In addition, the employee assistance program (EAP) may have resources available.
Some employees might have been suffering for years. They may have never told their personal physician, and they might be reluctant to seek help. Bringing up the issue and making employees think about the impact on their health and work can encourage them to do so, and letting them know that their condition is not unusual and that confidential help is available can give them the confidence to help themselves.
Strategies that offer self-help or self-care options allow employees some control over their treatment, which usually increases participation and helps reduce costs. An EAP or health care provider should be able to provide suggestions on what to offer.
Healthier employees are generally happier and more productive. Many will appreciate the employer’s concern for their well-being. Also, these screenings can identify potentially serious conditions before they fully develop, which can reduce health insurance and medical costs. When these savings are combined with increased productivity and reduced accidents, addressing presenteeism positively affects the company’s bottom line.
Find out more about how to handle difficult conversations with employees here.
The presence of an employee with an offensive body odor is a surprisingly common occurrence in the workplace, and the matter should be handled with sensitivity. First, address the problem in private. Employers should tell the employee it has come to their attention that the employee emits a strong odor. The employee may or may not be aware of it. Ask if the employee can come up with solutions to the problem and go over some possibilities together.
While it’s usually assumed an odor is caused by poor hygiene, that’s not always the case. For example, it could be:
There may be easy remedies, depending on the nature of the problem. If it is a case of a product interacting with a person’s body chemistry to produce an unwanted odor, the solution may be as simple as switching to a different soap or laundry detergent. It may be something in the person’s diet, like an overabundance of garlic. Or it could be a personal hygiene issue, such as infrequent bathing. If necessary, remind the employee of the company’s dress code or personal grooming policy.
If there appears to be no easy solution, suggest that the individual see a doctor for any potential causes, then check back with the employee in a few weeks. It is a trickier situation if it is related to a medical issue. For example, an odor may be caused by a colostomy bag or certain medical conditions, such as:
Tread cautiously, because the condition may be a disability and fall under the Americans with Disabilities Act, which may require making an accommodation and cannot be discriminated against.
Some employees may not bathe or may eat different foods during certain religious holidays. If an odor is due to a religious practice, an employer has an obligation to accommodate the employee, so long as it does not unduly interfere with other employees’ rights or with the legitimate needs of the business.
Whatever the case, express the desire to simply make sure the employee is well. The key is to show respect and compassion. As embarrassing as this conversation is for a manager or HR representative, it’s doubly so for employees, so try to minimize their embarrassment as much as possible. It’s also best to keep the discussion as confidential as possible. Simply monitor the situation or discuss it with the employee privately in a couple of weeks to see if any progress has been made.
The way in which recognition is given is important. A good idea can be ruined by a poor presentation, such as tossing a certificate on someone’s desk as recognition for years of service. Be sure the way in which recognition is given is appropriate.
Unless a company is small and all positions are similar, an employer will likely need more than one type of reward program. For example, a reward system that is applicable for a sales team probably isn’t applicable for a manufacturing team. While some reward programs can apply across all levels of the organization, such as profit-sharing plans, these programs tend to lack the individual recognition that a targeted reward program can provide and the individual appreciation that the company hoped to show.
A reward program may therefore have to be based on the goals of an individual or team, rather than the overall goals of the company. The connection to the company goals should still be maintained, but a targeted reward will have a bigger impact on employee morale and motivation. Also, the reward need not involve cash or equivalent compensation.
Studies have shown that rewards which provide something more tangible may go further in motivating employees. Consider that the traditional gold watch given at retirement is intended, in part, to remind employees of their service to the company whenever they check the time. A reward need not be as elaborate as a gold watch, but the concept of providing a constant reminder remains the same.
The following are guidelines and suggestions to help make personal recognition of employees as effective as possible. Make sure the recognition is:
A service award, or milestone recognition, is when an employer celebrates an employee’s longevity with the company. The reasons for implementing a service award program can vary, but the most common reason is to publicly demonstrate to employees how much they are appreciated — either through a gift, a certificate, or a service award dinner. A service award is the most common and expected method of appreciating employees, and studies have shown that implementing an employee service award program can have significant impact on employee loyalty, morale, and turnover, while at the same time promoting the company’s culture.
The following factors should be considered when creating a service award program:
There are companies with experts available to design a service award program for employers. Their involvement can be very limited, like supplying a catalog of items for the employer to choose from, or more complex, like offering online ordering to employees for flexibility and paperless administration. These specialized companies can also help an employer communicate the recognition program to employees. Awards are often imprinted with the company logo.
Awards can range from traditional merchandise, like:
To lifestyle gifts, like:
A small company may choose to administer the program in-house, keeping track of service milestones on a spreadsheet and purchasing suitable gifts as needed.
The amount of money budgeted for a customized program is all that limits the possibilities.
Once a company has found good, quality employees, it wants to keep them. Bringing in new employees almost always has an associated cost in both productivity and profits.
Employers use a variety of methods to lessen the risk of losing good employees. Some laws dictate certain treatment of employees, such as:
However, for the most part, the strategies that an employer uses to retain employees are left to the employer’s discretion. Many employers offer certain benefits to help increase employee retention, such as:
This list is not at all comprehensive, and outside of offering traditional benefits, employers can use other strategies to entice employees to stay, like:
Good communication is at the core of employee relations. Both employers and employees must know where the other side is coming from, and both must be willing to adjust, as needed and as is reasonable and good for the organization, to the others’ feedback. Either side’s failure to meet expectations is guaranteed to hamper employee relations.
To identify the state of employee relations, it may be a good idea to conduct a survey or institute some other means of obtaining feedback. Ideally, employees will share any concerns they have as they arise. However, some employees may not voice their concerns (or ideas for improving an already good situation) unless they are asked. When requesting employee feedback, make sure the company can follow through appropriately to address it.
A survey should obtain information for developing an action plan, not just serve as an outlet for frustrations. Acknowledging a problem is fine, but if the company might not be able to fix a problem, don’t create the expectation that it can. Be honest about this, because employees might get even more frustrated if their concerns are collected and then, seemingly, ignored.
Some methods of asking for feedback provide more valuable results than others. Three tips to keep in mind when seeking feedback are:
Employees have perspectives that their employer may not have ever considered. If employers don’t ask them for their input, they will never benefit from the myriad of perspectives that are often ripe with innovative ideas.
To ensure the company is conducting effective meetings, they should share these characteristics:
A defined purpose — Whether the purpose of the meeting is to solve problems, generate ideas, share information, create buy-in, discuss options, make decisions, or develop plans, the leaders are responsible for keeping the meeting on track.
Preparation — Is a meeting necessary, or could input be gathered more efficiently via email or a brief one-on-one? Once leaders decide on a meeting, they develop an agenda and distribute it, giving participants time to prepare.
A schedule — Communicating how long the meeting will take and then sticking to the schedule helps keep the meeting on track. Starting and ending meetings on time shows respect for participants' time and establishes a pattern of punctuality.
Skilled facilitators — Leaders know how to use active listening, probing, and an understanding of body language, conflict management, and consensus building to engage participants and achieve the purpose of the meeting within the allotted time frame.
Accountability — When the meeting adjourns, leaders make sure assigned tasks, responsibilities, and deadlines are understood.
Continuous improvement — Leaders follow up and conduct an assessment with attendees of how well the meeting went and what could be improved.
Nearly all employers establish expected working hours when employees are required to be in the workplace, performing their job duties. Some employers may have flexible working arrangements or allow employees to work from home by telecommuting, but in all cases, employees who don’t put in the required time are less likely to meet other job expectations.
Some absences are protected by laws like the Family and Medical Leave Act (FMLA) and will have to be excused. However, unless otherwise protected, employers can take action against employees who regularly call in sick, show up late, go home early, or take extra time during meal and break periods.
The disciplinary actions will depend on the degree of the problem, company policy, and other factors. As with any disciplinary problem, employers generally begin with verbal and written warnings, then progress through other stages of the company disciplinary policy. Employers may need to determine if some absences are legitimate and others are unexcused.
Legitimate absences may be pre-approved, such as vacation, or beyond employees’ control, such as illnesses or injuries. Although legitimate absences can become excessive, employers must be careful addressing the issue with disciplinary action, especially if the employee has a disability protected under the Americans with Disabilities Act (ADA), or if the absence is covered by the FMLA.
Dealing with recurring legitimate absences should begin with interviews and counseling. If necessary and possible, consider a transfer to another position that supports the employee’s availability. Be aware that forcing a lower position on an employee might be construed as discipline and subject to challenge if the employee is protected by the ADA, FMLA, or similar state statutes.
Unexcused absences might include abuses of company policy, such as sick leave, and can be addressed with appropriate disciplinary action. For example, if an employee has a habit of calling in sick on days that she was denied vacation, the employer can take action based on suspicion of sick leave abuse, even without proof.
A pattern of absenteeism, as well as actions taken, should be documented. Also, the employer should have proof, or some reasonable evidence or suspicion, that the employee is abusing privileges. Employers should not violate the employee’s privacy in obtaining this evidence.
If the employee is unable to fulfill the duties and obligations of employment, termination may become an option. In some states, the employer may need to show not only that the missed work is excessive, but that the employee will continue to miss work.
Remote work, also called telecommuting, is performing work at a location other than an “official duty station,” most likely one’s home. With portable computers, high-speed internet, and smart phones, many employees can work almost anywhere at least some of the time.
Telecommuting provides benefits for both employers and employees. Research shows that working remotely often:
Employing remote workers also creates flexibility in hiring. If the company is restricted by location, it can hire the best and brightest individuals from just about anywhere.
While many organizations quickly pivoted employees to remote working temporarily in 2020, experts agree that a permanent switch to remote working should not be implemented casually. Top management support is critical. If the company wants to reap the benefits telecommuting offers, the first step is to put a policy in place. Before drafting a policy, consider the following:
When it comes to supervising remote employees, out of sight should not mean out of mind. On the other hand, out of sight should not mean constant micromanaging, either. Some tips for managing remote workers, whether they are working from home every day or only occasionally, are:
Should a position be classified as part time? For the most part, state and federal laws only define an employee as a person “employed by an employer.” Otherwise, there aren’t any legal definitions to these terms. Employers may include them in the handbook, but the extent to which employee classifications should be mentioned really depends on how the company defines those categories, and whether they are or are not eligible for certain benefits.
The number of hours worked by an employee is generally at the employer’s discretion, and the company can determine whether to classify someone as full time or part time. Often, these distinctions are used by employers to determine eligibility for discretionary benefits, and there is no maximum or minimum number of hours that employers are required to apply. The number of hours an employee will be expected to work is a matter to be worked out by the company. A full-time employee might be expected to work five eight-hour days a week, and anyone who is regularly scheduled for fewer hours could be deemed part time.
In some cases, part-time employees will end up working longer hours (even overtime) for several weeks, or even several months. However, there is no obligation to consider them full time during that period. If the expected working hours over the course of a year still support the part-time status, the employee can remain classified as part time, even while working overtime. However, if the company expects the extended schedule to continue for a considerable amount of time, it should consider reclassifying the employee as full time.
Employers can certainly have part-time exempt employees. The minimum required salary of $684 per week still applies and cannot be reduced for part-time employment. However, there is no requirement for an exempt employee to work 40 hours in order to qualify for the exemption, nor is there a requirement to pay the same salary to all exempt employees, regardless of how many hours are expected for the position.
The Wage and Hour Division’s opinion letter FLSA2008-1NA says the minimum salary cannot be prorated for part-time hours. However, if the employee is paid at least the minimum required salary per week, the exemption can still apply. Another opinion letter, FLSA2006-6, clarifies that “the number of hours worked by an employee who is exempt under Section 13(a)(1) of the FLSA is a matter to be determined between the employer and the employee.”
So, an employee whose primary duty consists of exempt work, and who is paid at least the minimum required salary per week, could qualify for an exemption. The number of hours worked each week (whether 40, 32, 24, or even more than 40) is simply a matter to work out based on the needs of the position. It does not affect the application of the exempt status. Presumably, the salary will be appropriate for the expectations of the position.
For instance, if a 40-hour job (five days per week) pays $80,000 per year, then a part-time job (four days per week) might have a salary of $64,000 per year to reflect the lower demands. The salary would still exceed the minimum requirement for an exemption.
Employers may also reduce or prorate the salary of an exempt employee, as long as they still pay at least the minimum required salary per week. For example, suppose a full-time employee experiences a personal emergency and requests to work part-time, or 32 hours per week. Employers do not have to continue paying the full salary, but they could reduce it by an appropriate amount (such as 20 percent to account for the 20 percent reduction in expected working hours). This is perfectly acceptable, assuming the reduction is not a short-term change (only a few weeks), since that might appear to be an improper deduction (although full-day personal absences can be subject to salary deductions as well).
When employees are exempt, they only get the same salary each week, and the amount was likely established based on the expectations of the position. They might sometimes need to work longer hours, but the employer does not have to increase the salary or provide extra compensation during such weeks (just like full-time exempt employees might sometimes work longer hours without extra pay).
Essentially, the minimum salary requirement is only based on a workweek, not on a particular number of hours, and does not require a 40-hour week. Some exempt employees might be expected to work 50 or more hours (and would presumably have a higher salary), while others might be expected to work 40 or only 30 hours, and would reasonably have a lower salary. The salary compensates the employee for the position and the expectations established, and can certainly be lower for less demanding positions, as long as it stays at or above the minimum required salary per week, or the applicable requirement under state law.
Workplace diversity refers to the characteristics, beliefs, perspectives, abilities, traits, and experiences people bring to the workplace.
Characteristics include:
Beliefs and perspectives include:
Abilities is a broad category and may vary between:
Diversity exists wherever there are differences among a group of people. All employees share similarities and differences, and every workplace is diverse because everyone is unique. Just like no two people are 100 percent identical, no two workplaces are 100 percent identical.
Workplace inclusion is defined as the sense of belonging, connection, and community while at work. Employees in an inclusive organization commonly say they feel:
The Equal Employment Opportunity Commission (EEOC) requires organizations with more than 100 employees to report demographic data. Demographic data includes the gender, race, and ethnicity of employees. Federal contractors have similar reporting obligations.
Other organizations simply understand the benefits of diversity and choose to voluntarily collect and monitor demographic data to gain greater insight and a better understanding of the makeup of their workforce.
There are many benefits of a diverse and inclusive workforce, including:
The Equal Employment Opportunity Commission (EEOC) requires organizations with more than 100 employees to report demographic data. Demographic data includes the gender, race, and ethnicity of employees. Federal contractors have similar reporting obligations.
Other organizations simply understand the benefits of diversity and choose to voluntarily collect and monitor demographic data to gain greater insight and a better understanding of the makeup of their workforce.
There are many benefits of a diverse and inclusive workforce, including:
Employers are not required by law to provide a company handbook to employees. However, providing the workforce with an overview of company policies and procedures is considered a best practice. This can be done in a printed handbook or on line. Policies that are made available electronically are easier to keep up-to-date. Make sure all employees know how and where to access the policies.
During employee orientation, refer to the handbook or online library of policies as the company’s rule book or code of conduct. Provide contact information in case the new employee has questions about the various policies in the future.
While specific policies are generally not required by federal law, developing a policy may be a condition of a government contract. For example, federal contractors may need an equal employment policy.
Similarly, federal law does not specifically require employers to have a sexual harassment policy, though some states do require this.
In most cases, however, where a state or federal agency wants to make employees aware of rights under a law, the agency will require a poster or other notice be placed in a conspicuous location, rather than mandate that an employer develop a policy.
For example, all employers must post notices about workplace safety as well as wage and hour laws, and most employers must post notices about equal opportunity employment, harassment, and workers’ compensation laws.
The Equal Employment Opportunity Commission recommends that in addition to posting any required notices, employers should have written policies on:
Additionally, employers may want policies on:
There are several ways to get employees to read the company handbook, such as:
Avoid having employees sign a statement that says they “have read” the handbook if they have not done so. If there is a later dispute, a statement that says they “agree to read” the handbook more accurately reflects the situation and places responsibility on the employee.
The Equal Employment Opportunity Commission recommends that in addition to posting any required notices, employers should have written policies on:
Additionally, employers may want policies on:
There are several ways to get employees to read the company handbook, such as:
Avoid having employees sign a statement that says they “have read” the handbook if they have not done so. If there is a later dispute, a statement that says they “agree to read” the handbook more accurately reflects the situation and places responsibility on the employee.
The National Labor Relations Board (NLRB) has found that employee activity on social media can be protected activity under the National Labor Relations Act (NLRA). The NLRB has often found that policies which restrict employee use of social media are overly broad and constitute an unfair labor practice by chilling employees’ rights to discuss wages, hours, and working conditions.
Employers may not instruct employees to refrain from discussing any company matters or the terms and conditions of their employment on social media. While employers can expect employees to refrain from simply badmouthing the company online, a policy must leave room for employees to engage in protected activity.
Given previous enforcement efforts, constantly changing interpretations, and the need to monitor NLRB activity and update the policy regularly, some employers (and attorneys) find social media policies are not worth the effort. If the prohibited conduct is covered in other policies, such as professional conduct, off-duty conduct, or email and internet use, employers may opt to forgo a social media policy altogether. If employers do not have access to legal counsel to review their policy, this may be a safer option.
Alternatively, a social media policy might be pared down to the bare bones. It might simply clarify that the employment relationship continues to exist when employees are away from work, and that policies on discrimination, harassment, threats of violence, or other conduct remain enforceable when employees are not on the premises. This allows the employer to address conduct violations and protect other employees, but may avoid the potential pitfalls of imposing limitations that are later deemed to be overly broad.
Many employers implement dress codes to maintain and present a professional atmosphere. Some organizations need to restrict the type of clothing that can be worn for safety reasons (such as loose-fitting clothing that could be caught in machinery). However, safety is a legitimate concern for clothing restrictions, and generally doesn’t bring up the same issues as a general dress code. Dress codes may also involve the use of uniforms.
It is recommended that employers have a written dress code policy. Enforcing expected standards for clothing and appearance can be challenging if employees have never received any notice or indication that such standards exist. Without a formal policy, employers are more likely to face resistance about whether an individual’s appearance is inappropriate.
How can an employer create a dress code policy that will allow employees flexibility in their appearance, but still allow the company to present a professional image and determine that a particular outfit is not acceptable? Consider:
If employees arrive wearing inappropriate clothing, an employer might:
In addition to safety, employers should consider factors such as:
If employees display a disheveled and untidy appearance, address it in private as a performance issue and reiterate the company’s expectations of professional attire. However, keep in mind that if this is a recent change, they could be suffering from depression or other problems. Without getting too personal or asking for details, simply state that the change has been noticed, and that if there is anything going on in their personal life that is causing stress, they might want to consider using the Employee Assistance Program (if available) or seek counseling. Ensure them that the company is supportive, but must still insist upon professional appearance at work.
Individuals may take criticism personally. Employers have the right to correct employees, and correcting them promptly will help avoid problems in the future and set the right example for other employees. But employers should be sensitive to avoid hurting employees’ feelings and making them feel uncomfortable. For any potentially embarrassing topic, especially one that might result in discipline, it’s a good idea to correct employees in private and reinforce that the company has no desire to embarrass them, but needs them to remedy the situation.
An exception might be if there’s a concern that correcting an employee’s attire could be construed as sexual harassment. While it’s rare that asking an employee to observe the dress code would result in a bona fide harassment claim, take extra time to consider how to approach the situation, and consider having another individual in the room. For example, if a male supervisor must address complaints about a female employee’s low-cut blouse, it may be a good idea to request the help of a female manager or HR representative.
There are times when an employer may not want to follow the dress code to the letter. For example, employers may be required to make exceptions as a religious accommodation. Religious expressions that may need to be accommodated might include, but are not limited to, beards, tattoos, or head scarves.
Most employees who aren’t following the dress code won’t put up a fight or feel as though they’re being harassed when questioned about their attire. When possible, reference the company policy when correcting employees. If the particular issue doesn’t appear in the dress code, try to explain why the issue is problematic in the workplace and that the dress code isn’t meant to be all-encompassing. Most employees will agree to remedy the situation without much of a fuss.
Because employment laws don’t specifically protect employees or applicants from discrimination based on tattoos, employers are generally able to discriminate. However, a considerable portion of the U.S. population has tattoos, so companies may want to consider the following questions before adopting a policy that prohibits employees from having visible tattoos or ruling out an applicant with ink:
If employees arrive wearing inappropriate clothing, an employer might:
In addition to safety, employers should consider factors such as:
If employees display a disheveled and untidy appearance, address it in private as a performance issue and reiterate the company’s expectations of professional attire. However, keep in mind that if this is a recent change, they could be suffering from depression or other problems. Without getting too personal or asking for details, simply state that the change has been noticed, and that if there is anything going on in their personal life that is causing stress, they might want to consider using the Employee Assistance Program (if available) or seek counseling. Ensure them that the company is supportive, but must still insist upon professional appearance at work.
Individuals may take criticism personally. Employers have the right to correct employees, and correcting them promptly will help avoid problems in the future and set the right example for other employees. But employers should be sensitive to avoid hurting employees’ feelings and making them feel uncomfortable. For any potentially embarrassing topic, especially one that might result in discipline, it’s a good idea to correct employees in private and reinforce that the company has no desire to embarrass them, but needs them to remedy the situation.
An exception might be if there’s a concern that correcting an employee’s attire could be construed as sexual harassment. While it’s rare that asking an employee to observe the dress code would result in a bona fide harassment claim, take extra time to consider how to approach the situation, and consider having another individual in the room. For example, if a male supervisor must address complaints about a female employee’s low-cut blouse, it may be a good idea to request the help of a female manager or HR representative.
There are times when an employer may not want to follow the dress code to the letter. For example, employers may be required to make exceptions as a religious accommodation. Religious expressions that may need to be accommodated might include, but are not limited to, beards, tattoos, or head scarves.
Most employees who aren’t following the dress code won’t put up a fight or feel as though they’re being harassed when questioned about their attire. When possible, reference the company policy when correcting employees. If the particular issue doesn’t appear in the dress code, try to explain why the issue is problematic in the workplace and that the dress code isn’t meant to be all-encompassing. Most employees will agree to remedy the situation without much of a fuss.
Because employment laws don’t specifically protect employees or applicants from discrimination based on tattoos, employers are generally able to discriminate. However, a considerable portion of the U.S. population has tattoos, so companies may want to consider the following questions before adopting a policy that prohibits employees from having visible tattoos or ruling out an applicant with ink:
An EAP provides a confidential counseling and referral service to employees and their families for dealing with personal problems. These problems may include:
The EAP represents an alternative that will help both the employee and the supervisor address personal problems which may affect job performance.
Referrals to an EAP (or to community resources, if an EAP is not available) may be formal or informal. An informal referral may not involve much more than letting employees know that assistance is available, and that taking advantage of the program may help them resolve personal problems—which not only helps employees, but should help address the impacts on the workplace. Employees should be educated on EAP resources and how to access them during onboarding, and reminded of them frequently throughout their employment.
A formal referral might require the employee to attend counseling sessions, perhaps even as a condition of continued employment. For example, if an employee has regular conflict with coworkers, anger management counseling or conflict resolution courses might be required as part of the disciplinary process.
Keep in mind that if an employee is mandated to attend counseling as a condition of employment, that time will have to be considered paid working time. Under the Fair Labor Standards Act, “hours worked” generally includes all time spent acting under the direction or control of the company.
Employers have many options when establishing an EAP program. The most common EAP delivery models are:
Employers have many options when establishing an EAP program. The most common EAP delivery models are:
Absenteeism refers to lost productivity when employees don’t report for work, while presenteeism refers to lost productivity due to illness, fatigue, or other conditions that keep employees from working at peak performance. Perhaps managers overhear employees say things like:
The most common causes of presenteeism include:
Often, the symptoms aren’t serious enough for an employee to miss work entirely. However, these conditions can distract employees, reduce productivity, and lead to increased accidents. Fortunately, the company can take steps to help the afflicted employees by using anonymous questionnaires that might include “distracted worker” factors during health risk assessments. The goal is not to identify “slackers,” but to try and learn how many workers suffer from common conditions, how often they have symptoms, how many hours they were affected by each condition in the last two weeks, and how many days they were affected in the last year. The list of conditions might include:
Targeting issues with the most hours or most days of lost productivity will show the largest return on investment. For example, if numerous employees report migraines, the company might offer a seminar on the causes, symptoms, and treatments for migraines. Treatments and counseling are also available for conditions like sleep disorders, asthma, and depression. In addition, the employee assistance program (EAP) may have resources available.
Some employees might have been suffering for years. They may have never told their personal physician, and they might be reluctant to seek help. Bringing up the issue and making employees think about the impact on their health and work can encourage them to do so, and letting them know that their condition is not unusual and that confidential help is available can give them the confidence to help themselves.
Strategies that offer self-help or self-care options allow employees some control over their treatment, which usually increases participation and helps reduce costs. An EAP or health care provider should be able to provide suggestions on what to offer.
Healthier employees are generally happier and more productive. Many will appreciate the employer’s concern for their well-being. Also, these screenings can identify potentially serious conditions before they fully develop, which can reduce health insurance and medical costs. When these savings are combined with increased productivity and reduced accidents, addressing presenteeism positively affects the company’s bottom line.
Find out more about how to handle difficult conversations with employees here.
The presence of an employee with an offensive body odor is a surprisingly common occurrence in the workplace, and the matter should be handled with sensitivity. First, address the problem in private. Employers should tell the employee it has come to their attention that the employee emits a strong odor. The employee may or may not be aware of it. Ask if the employee can come up with solutions to the problem and go over some possibilities together.
While it’s usually assumed an odor is caused by poor hygiene, that’s not always the case. For example, it could be:
There may be easy remedies, depending on the nature of the problem. If it is a case of a product interacting with a person’s body chemistry to produce an unwanted odor, the solution may be as simple as switching to a different soap or laundry detergent. It may be something in the person’s diet, like an overabundance of garlic. Or it could be a personal hygiene issue, such as infrequent bathing. If necessary, remind the employee of the company’s dress code or personal grooming policy.
If there appears to be no easy solution, suggest that the individual see a doctor for any potential causes, then check back with the employee in a few weeks. It is a trickier situation if it is related to a medical issue. For example, an odor may be caused by a colostomy bag or certain medical conditions, such as:
Tread cautiously, because the condition may be a disability and fall under the Americans with Disabilities Act, which may require making an accommodation and cannot be discriminated against.
Some employees may not bathe or may eat different foods during certain religious holidays. If an odor is due to a religious practice, an employer has an obligation to accommodate the employee, so long as it does not unduly interfere with other employees’ rights or with the legitimate needs of the business.
Whatever the case, express the desire to simply make sure the employee is well. The key is to show respect and compassion. As embarrassing as this conversation is for a manager or HR representative, it’s doubly so for employees, so try to minimize their embarrassment as much as possible. It’s also best to keep the discussion as confidential as possible. Simply monitor the situation or discuss it with the employee privately in a couple of weeks to see if any progress has been made.
The way in which recognition is given is important. A good idea can be ruined by a poor presentation, such as tossing a certificate on someone’s desk as recognition for years of service. Be sure the way in which recognition is given is appropriate.
Unless a company is small and all positions are similar, an employer will likely need more than one type of reward program. For example, a reward system that is applicable for a sales team probably isn’t applicable for a manufacturing team. While some reward programs can apply across all levels of the organization, such as profit-sharing plans, these programs tend to lack the individual recognition that a targeted reward program can provide and the individual appreciation that the company hoped to show.
A reward program may therefore have to be based on the goals of an individual or team, rather than the overall goals of the company. The connection to the company goals should still be maintained, but a targeted reward will have a bigger impact on employee morale and motivation. Also, the reward need not involve cash or equivalent compensation.
Studies have shown that rewards which provide something more tangible may go further in motivating employees. Consider that the traditional gold watch given at retirement is intended, in part, to remind employees of their service to the company whenever they check the time. A reward need not be as elaborate as a gold watch, but the concept of providing a constant reminder remains the same.
The following are guidelines and suggestions to help make personal recognition of employees as effective as possible. Make sure the recognition is:
The following are guidelines and suggestions to help make personal recognition of employees as effective as possible. Make sure the recognition is:
A service award, or milestone recognition, is when an employer celebrates an employee’s longevity with the company. The reasons for implementing a service award program can vary, but the most common reason is to publicly demonstrate to employees how much they are appreciated — either through a gift, a certificate, or a service award dinner. A service award is the most common and expected method of appreciating employees, and studies have shown that implementing an employee service award program can have significant impact on employee loyalty, morale, and turnover, while at the same time promoting the company’s culture.
The following factors should be considered when creating a service award program:
There are companies with experts available to design a service award program for employers. Their involvement can be very limited, like supplying a catalog of items for the employer to choose from, or more complex, like offering online ordering to employees for flexibility and paperless administration. These specialized companies can also help an employer communicate the recognition program to employees. Awards are often imprinted with the company logo.
Awards can range from traditional merchandise, like:
To lifestyle gifts, like:
A small company may choose to administer the program in-house, keeping track of service milestones on a spreadsheet and purchasing suitable gifts as needed.
The amount of money budgeted for a customized program is all that limits the possibilities.