Frequently Asked Questions
How do I know my HR policies are in compliance with the new employment law revisions?
There has never been another time in modern day history when so many employment law changes have been made or proposed. Just since January, 2009, both FMLA (Family and Medical Leave Act) and ADA (American's with Disabilities Act) have gone through major amendments. Landrum's Human Resources Assessment will help determine where you stand in this ever changing world of employment law, and can help give you a peace of mind about your employment practices.
Do my employees fall under the Family and Medical Leave Act (FMLA)?
You are a covered entity if you have 50 employees who work within 75 miles of each other. The 50-employee requirement need not be isolated to one business entity. If there are multiple businesses that are commonly-owned, it is possible your employees are covered under FMLA. Landrum's Human Resources Assessment can take the guess-work out of the equation so you'll know if you need to be complying with this and other major employment laws.
Is my employee handbook out of date?
A fact of life is that law changes from day to day. Federal and state employment law is certainly not immune to change, as we have seen in the many revisions and proposed amendments made to major employment laws in 2009. Your employee handbook should reflect those changes so that your handbook can serve both as a communication tool for your employees, as well as a source of protection for your company. With our Employee Handbook review, Landrum's experts can make sure your employee handbook does both.
Are my HR forms getting too old?
As with employee handbooks, any employment forms you use should reflect current rules and regulations. For example, you wouldn't want to use a form that asks an applicant to indicate marital status or whether he/she has been arrested, which could inadvertently place your company in a vulnerable position for a discrimination claim. With our Human Resources Assessment, Landrum will make sure your employment forms avoid asking questions that could get you in trouble, as well as to provide you with the pertinent data you need.
What is an I-9 form?
Form I-9 is a form required by the U.S. government that shows your employees are legally eligible to work in the United States. Many government entities have authority to review I-9's, and fees and sanctions can add up quickly if there are any mistakes or omissions. Through our Human Resources Assessment, Landrum can show you the right way to complete the I-9 on each employee, so that you can avoid costly fees.
What if one of my employees complains they weren't paid properly?
Wage and hour laws require employees to be paid according to the Fair Labor Standards Act. There are many nuances of this law which often makes it difficult to know how to appropriately pay an employee. For example, if an employee works overtime and earns bonuses or commissions in addition to their regular pay, there are steps that must be taken to ensure overtime pay is calculated correctly. Landrum's Human Resources Assessment can give you peace of mind to know if you are paying your employees correctly so you won't have to be concerned if your company is audited by the Department of Labor. With ongoing HR assistance, Landrum On-Call can also be available if and when a question arises regarding wages.
What if I have some employee relations issues?
There are many types of employee relations issues ranging from basic employee counseling, coaching, conflict resolution or resolving complaints, to name a few. The range of potential issues is endless. Through Landrum On-Call, expert advice is just a phone call away! We'll be there to walk with you through those sticky employment issues.
What if I only need an HR Manager every once in a while?
Landrum-On Call is the answer to your needs! When you need us, we'll be there to help. Your business will have a Landrum HR expert dedicated to knowing your business so that when you call, we'll be familiar with your operations and can respond to your specific needs.
Can Landrum be available when I have an employee issue?
Yes! There are many ways in which Landrum can serve your specific needs, even if it's just the peace of mind to know you have an expert ear to talk to when needed. Landrum-On Call is our way of meeting your needs, when you need us!
What do I do if I know there's a problem concerning my employees, but I don't know what it is?
Unlike morale issues and high turnover, sometimes you can tell something is "off" with your employees but you have no way to define the problem. Our focus groups and surveys are able to pinpoint real issues that may not be uncovered any other way. We'll convey your employees' issues to you, and provide guidance on how to address those issues.
What do I do if I think my company has a morale problem?
There may have been a specific event that sparked a morale issue, or things may just seem "not right"; therefore, you suspect there may be low morale among your employees. Landrum's focus groups and surveys are proven to help determine the exact nature of the issue(s), and take the guess-work out of the equation.
Why do I have such a hard time finding and keeping good employees?
Do you have high turnover but don't know why? Are you losing your top people? Landrum's focus groups and surveys can show you why this is happening. Landrum's process not only shows you the issue(s), but we provide insight and guidance on action steps you can take to turn around your turnover problem.
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Do my supervisors need training?
Your supervisors represent you in everything they do. In other words, if a supervisor doesn't handle a situation appropriately, it is you and your company that doesn't handle the situation appropriately. Therefore, supervisors should be periodically trained in the many different areas in which their decisions and actions (or inactions) can affect your business. Landrum's customized approach is different than other "cookie cutter" training programs, and we design a meaningful and effective plan to meet your specific training needs.
Is it important for supervisors/managers to do things the same way?
Treating your employees consistently, appropriately and with dignity and respect are some of the best ways to avoid a claim of discrimination, harassment, hostile work environment, or even wrongful termination. If one supervisor treats employees differently than another supervisor, it could potentially place your company in a position to receive such a complaint. Landrum has an effective training program than can help you and your supervisors protect your company.
How often should job descriptions be updated?
There are a few different answers to this question. Job descriptions should definitely be changed when the responsibilities of the position change. They should also be changed when significant operational and procedural changes are made that affects a particular job position. Landrum recommends that job descriptions be reviewed annually to ensure the description accurately matches the job.
Why do I need job descriptions?
Job descriptions, job performance and pay go hand-in-hand. Employees are paid based on how well they perform a job. How well someone performs a job can't be determined without knowing the job responsibilities. So ultimately, a job description is the heartbeat of a job position. Accurate and thorough job descriptions serve a vital role in determining whether a position qualifies to be exempt from overtime, and also provides important information to employees' physicians in order for them to determine if an employee can perform the essential functions of job.
How can I be sure my employees are classified properly?
Many employers believe that by simply paying an employee a salary instead of an hourly wage, it does away with the obligation to pay overtime. It is not the job title or solely the method of payment that determines if a job position meets the Department of Labor requirements to be exempt from overtime. A person may have "Manager" or "Supervisor" in their job title, but if certain criteria aren't met the employee may be entitled to overtime even if they are paid a salary. Accurate and thorough job descriptions play a vital role in determining whether a position qualifies to be exempt from overtime. Through Landrum's Human Resources Assessment, a certified HR expert can also review (or create) your job descriptions and provide valuable feedback regarding the appropriate classification according to the Fair Labor Standards Act.
As an employer, what must I do to comply with OSHA regulations?
Most businesses are required to comply with the Occupational Safety and Health Administration (OSHA) General Industry Standards, 29 CFR 1910. There are several OSHA standards that are applicable to most companies such as but not limited to: Record Keeping; Hazard Communication, Means of Egress and Portable Fire Extinguishers. Additionally, there are industry-specific OSHA standards in which an employer may be required to comply. Landrum's Risk Management Department can provide your company guidance to OSHA compliance by conducting a Risk Assessment and identifying those needs.
How do I ensure that my employees avoid work-related injuries?
OSHA statistics report that 85% of all work place injuries are the result of unsafe acts…the remaining 15% is due to unsafe conditions. Consequently, the focus has to be on employee behavior. On-going safety awareness is crucial, and each employee should be held accountable for their actions. To reduce or prevent "unsafe acts" incidents, trained and skilled supervisors are the most effective method to convey safety awareness to the work force. With our comprehensive safety assessment, Landrum's Risk Management experts can provide valuable (and sometimes required) training to your supervisors and employees, as well as guidance and assistance in developing safety campaigns, rewards and recognition programs, and general safety awareness.
How do I know if my benefits stack up to other employers?
The marketplace is ever-changing, and the benefits employers provide to their employees can be a determining factor in recruiting and retaining quality employees. Landrum's Benefits Review compares your company's offerings to the current marketplace, and provides valuable feedback on "best practices" standards as well as trends that may be evolving. Our review also covers compliance guidelines with benefits-related employment laws, including retirement plan laws and the recent American Recovery and Reinvestment Act (ARRA), which has required major COBRA (Consolidated Omnibus Reconciliation Act) compliance changes since the passing of President Obama's stimulus package in 2009.
What do I do if an employee says they are being harassed at work?
If an employee complains of harassment, in certain circumstances there is a legal requirement for employers to thoroughly and promptly investigate to determine if illegal harassment is taking place, and to take appropriate action. The result of the complaint investigation is what determines what appropriate action, if any, should be taken. Landrum's certified HR experts are experienced in conducting fair investigations that get to the truth. We will determine the facts from hearsay, give a report of the findings, and if desired we will provide guidance and advice on appropriate actions to take.
