By Job Virata April 30th, 2018 Technology has come a long way. The advancement of technology has paved the way for much more development in the fields of medicine, transportation, economics, finance, and many more. Along with the multitude of benefits that came with the rapid growth of technology came some issues, one of which is cybersecurity. Many businesses today rely on technology for the majority of the processes that occur within their organization. From simple document filings to multi-million financial transactions, companies rely on technology to make sure that these tasks get accomplished. Since these tasks are done through the use of technology, they are vulnerable to cyber attacks. Businesses should be as diligent with their cyber security as much as they are when it comes to physical security; they employ security guards and install surveillance cameras so why does their cybersecurity measures be any different? Cyber attacks can disrupt a company’s daily routine, but the more significant problems that this may cause are substantial financial and reputational damage. Who would want to do business with a company that has been compromised by hackers? There are many instances of companies being hacked in the recent years. Big companies like Adobe Systems, Yahoo!, and eBay have been victims of cyber attacks perpetrated by professional hackers that resulted in data breaches. If you think that cyber attacks don’t concern you as an individual, you’re sorely mistaken. The personal information that you use on any platform on the Internet, like your social media accounts or personal online banking accounts, can be used by hackers to steal your identity or money. In fact, many of these hackers are intent on getting personal information because of the monetary gain. Online shopping requires your credit card information to finish the transaction, now imagine if a hacker got a hold of this data from millions of people in one fell swoop? That could amount to millions of dollars. Companies have now realized the importance of cybersecurity and improvements in their cybersecurity infrastructure has been improved. As an individual who uses the Internet, you should also start taking precautions to keep your personal information safe. Here are some tips to protect your personal information:
None of the content on Hoganinjury.com is legal advice nor is it a replacement for advice from a certified lawyer. Please consult a legal professional for further information.
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Article By: Bill Vogel, PHR Posted: April 21, 2018 From: VirtualHRPros.com You received an abundant amount of resumés after publicizing your job opening on social media and internet job boards. You collected all the resumés using an efficient applicant tracking system and reviewed several potential candidates. After the resumé reviews you contacted several hopeful contenders for the job and prescreened them over the telephone. The search has narrowed to three applicants and you’re ready to schedule face-to-face meetings. But wait, have you written job competency questions for the behavioral interview yet? Behavioral interviewing techniques go beyond understanding the technical and functional experience applicants must have for a job. Behavioral interviewing reveals the job competency experience, or the behavioral requirements and expectations while on the job. Job competencies such as good communication skills, ability to work in teams, and perform well under pressure are behaviors not easily revealed during an interview. By following these basic steps for each behavioral based interview question, a savvy hiring managers can learn about an applicant’s behavior before extending a job offer:
Open ended questions – The first step in behavior-based interviewing is developing open ended question from the job description’s list of required skills. For example, ask a situational question such as, “Tell me about your most difficult customer?” will help reveal how an applicant works under pressure. Specific questions– Second, inquire about detailed information using follow up questions. For example, a question such as, “What options did you have in your position to negotiate acceptable terms with a difficult customers?” will help reveal the applicant’s actual role. Action question– Next, ask the applicant to list the steps taken in a specific situation that helped achieve a resolution. For example, “What steps did you take to satisfy the difficult customer?” will reveal the applicant’s ability to succeed or fail under pressures from difficult situations. Result question– Finally, ask the applicant about the final outcome of the situation. For example, “What did you learn about dealing with this difficult customer?” is a question that will reveal what the applicant gained from the experience. The integrity of the answers may be an issue, but if an applicant displays confidence in their body language and verbal delivery when answering behavioral questions, they are likely telling truth. Unlike biographical interview questions, which are questions framed from the resumé, job candidates cannot bring predetermined answers to a behavioral interview. This is because behavioral interview questions are based on the job description not the resumé. The internet has an unending supply of canned interview questions commonly asked by hiring managers. In turn, the internet also has a surplus of answers that help jobseekers answer canned questions, thereby providing an opportunity to present inaccurate skills during an interview. With behavioral interviewing there are no canned questions or answers, which is a method that accurately determines how an applicant will perform on the job. At Virtual HR Pros we have resources for managers to help them improve their recruiting and hiring strategies. As always, get help from a qualified HR Professional if you think your business is at risk, or needs help developing policies, procedures, and training courses to assist with workplace compliance requirements. By Job Virata February 6th, 2018 Suffering from a workplace accident can be detrimental to person’s financial stability. Depending on the severity of the injury sustained during the accident, it can take weeks or even months before a person can go back to work or find another job to be able to provide for themselves and their family. It is the responsibility of your employer to have workers’ compensation insurance in case of any injury sustained inside the workplace or while doing your job for your employer, however, as an employee it is also good to know what you’re entitled to in case of a work-related accident. Although the benefits that an employee is entitled to differ from state to state, there are benefits that are almost universal to all jurisdictions, and it is best to understand what these benefits are to be able to fully utilize them in case of a work-related injury. The following benefits are pretty much a given across all the states: 1. Medical Care. – An injured employee is entitled to the required medical care to cure or relieve the results of a work-related injury. Medical bills, prescribed medicine, and even transportation cost to the hospital are included in this benefit. For some workers’ compensation insurance, the injured employee may have to see the company doctor for thirty days before being allowed to choose a doctor of their own. 2. Temporary Disability. – Depending on the employee’s injury, he or she may have to take some time off work to recuperate and heal as a result of the work-related accident. In this case, the employee may be entitled totemporary disability payments. This means that the injured employee would receive partial compensation for lost wages; usually paid out every two weeks, the amount that the employee would receive may vary but generally it is worth two-thirds of the employee’s average weekly gross pay. The injured employee should receive the temporary disability check soon after a doctor has verified that he or she would be unable to work. A few examples of a temporary disability are broken limbs, hand injuries, or other short term impairments that the employee would recover from after a certain period of time. 3. Permanent Disability. – Unlike the temporary disability benefit, permanent disability means that the injured employee no longer has or has a significantly lessened ability to compete for a job. The compensation that the injured employee is entitled to depends on a variety of factors. The following are considered when calculating for permanent disability compensation: the injury’s impact to the person’s ability to work, the employee’s age, the employee’s position/occupation, and his or her salary/wage at the time of the accident. Another significant factor that is considered is whether the work-related accident caused a partial or permanent disability. A few examples of permanent disability are severe back/spinal injury, carpal tunnel syndrome, amputation, hearing loss, and visual damage. 4. Vocational Rehabilitation. – Depending on the coverage of your employer’s workers’ compensation insurance, a vocational rehabilitation may be included. This benefit pertains to your employer giving you assistance to look for another suitable job for you after your injury. During vocational rehabilitation, a partial compensation is given, similar to temporary disability. This benefit usually has a ceiling financial cap and can be replaced by your employer with a modified or different work on their business. Workplace accidents and work-related injuries can happen to anyone and knowing what you’re entitled to can be great help in your recovery; however, there are instances where the process of claiming the benefits doesn’t go very well. In times like these, it’s best to consult with an experienced lawyer to help you with your claim. Article By: Bill Vogel, PHR Posted: April 10, 2018 From: VirtualHRPros.com The US is experiencing a labor shortage and it’s going to get worse. According to the US Department of Labor, American businesses added nearly 3,000,000 jobs since 2016 and the unemployment rate is at a 17% year low. The availability of labor will not be able to keep up with the demand for qualified applicants needed to service customers. To reduce the need for new employees, leadership can implement strategies to reduce turnover, such as investing more in at-risk employees and salvaging their employment. At-risk employees are difficult to manage and as a result they are headed for termination. One such at-risk employee in particular are the aggressive types. These employees challenge authority at every turn and when confronted they respond with aggressive behavior, but these employees can otherwise be productive. This conduct is one of the most perplexing to handle, but with a few simple steps managers and supervisors can salvage at-risk employees. Aggressive employees typically communicate in one of two ways, passive aggressive or overtly aggressive. Passive aggressive employees avoid work, blame others, and are unreasonable. Overtly aggressive employees are easy to identify because they yell, intimidate, and can be controlling. Looking at these traits it’s easy to understand why managers and supervisors tend to just want them gone. However, with a little effort and patience most of these employees can go from difficult to valued, by following these simple steps:
Don’t take it personal. The most important step is not to take the employee’s aggressive behavior personal. This leads to bigger problems. For example, no one likes someone raising their voice at them, especially a manager getting yelled at or ignored by an employee. Most often the initial reaction is to yell back or ostracize the employee, but this can mean a trip to Human Resources resulting in reprimands or termination for both employee and manager. Retaliation can have terrible consequences. Ponder the problem not the behavior. Why is this guy yelling at me? Why can’t she just come to work on time? Why does he blame others for his missed deadlines? I’m certain these questions sound familiar to most managers and supervisors. These are questions about behavior, which managers need to direct back to the aggressive employee. Pull the employee aside, have a discussion, and ponder the root problem causing the difficult behavior. Agree on a solution. After listening to the employee vent, the manager summarizes the root problem with the worker. Difficult employees often disagree with the manager’s evaluation. If this happens have the employee write it down or take notes for the employee to review and revise. Once the problem has been identified and agreed to, discuss a solution. Difficult employees often ask for unreasonable accommodations, but it’s worth the effort to forge ahead and find common ground. Monitor the employee. Aggressive behavior rarely changes indefinitely, it takes work to control, which means aggressive employees usually need reminders. Past performance is a good indicator of future performance. Therefore, managers and supervisors need to monitor aggressive employees for sustained improvement. This simply means observing aggressive employees and questioning coworkers. If the behavior continues, disciplinary action is the next step. Not all aggressive employees are salvageable or deserving of extra efforts to retain their employment. Managers and supervisors need to determine when these efforts have little return on investment and start searching for an applicant to backfill the impending termination. In my experience turning difficult employees to valued employees is quicker, cheaper, and more reliable than going through the recruiting, hiring, onboarding and training process. As always, get help from a qualified HR Professional if you think your business is at risk, or needs help developing policies, procedures, and training courses to assist with workplace compliance requirements. Article By: Bill Vogel
Posted: April 10, 2018 From: VirtualHRPros.com In an earlier post I wrote an article explaining the requirements for paying employees mileage reimbursement. In this post, I will explain the options companies have for paying employees mileage for driving their personal vehicles during work as part of their duties. As a reminder, employees that drive their own vehicles for the benefit of the company, such as picking up doughnuts on the way to work or running to the office supply store, are eligible for mileage reimbursement. Having already explained why companies must reimburse mileage, this article explains how to pay mileage reimbursements. There are primarily three types of mileage reimbursement methods:
The Fixed and Variable Rate(FAVR) method provides employees with a set reimbursement amount for vehicle insurance and registration. In addition, the FAVR program reimburses variable costs such as fuel and maintenance. Under the FAVR program the IRS allows vehicle reimbursements under $27,300 as tax free payments, and the limit for trucks is $31,000. This can be a difficult reimbursement program to administer each month because the model and age of the vehicle can be part of the reimbursement calculation. However, there are several third party administrators that can provide this as an outsourced service. The Flat Car Allowanceprovides employees with a fixed dollar amount each month to cover fuel, maintenance, repairs and registration. However, an allowance is a taxable fringe benefit to the employee, which may not be considered a true reimbursement in some states. The amounts should be audited each year against changes in fuel and maintenance cost. This is to ensure the allowance represents actual costs for vehicle use during employment over time. The Standard Mileage Rateis a flat amount paid for each mile driven by an employee during the course of work. The amount paid to employees per mile should be no less than the IRS standard mileage rate, which is 54.5 cents per mile in 2018. To receive a reimbursement, employees submit a mileage reimbursement form created by the company . The form includes sections for the employee to complete such as the starting location, ending location, and the total miles driven, times the rate per mile. One common mistake made by employees, and missed by employers, is the failure to deduct an employee’s normal commute. For example, an employee drives to and from work for a total of 25 miles roundtrip, this amount is deducted from the reimbursement; following is an example. Employee drives from home to meet with a potential customer for lunch which is 35 miles away, after lunch the employee drives 15 miles to the office. The employee’s normal commute to and from work is 25 miles. They key factor in this calculation is that the employee’s commute started from home and not the office, so the standard mileage reimbursement calculation is as follows: 35 miles + 15 miles = 50 miles 50 miles – 25 miles = 25 miles 25 miles x 54.5 cents = $13.63 for a total reimbursement. I should note however, that the IRS standard mileage rate is intended as a taxpayer write off for mileage and is therefore not recommended as part of company’s reimbursement program policy. Before deciding on a reimbursement policy, companies need to consider the size of the mobile workforce and the cost of administering a mileage reimbursement program. Another option is providing company vehicles rather than employees using their personal vehicles, but this option often involves higher costs compared to reimbursement. As always, get help from a qualified HR Professional if you think your business is at risk, or needs help developing policies, procedures, and training courses to assist with workplace compliance requirements. When deciding on a reimbursement program, the HR should first consult with the finance or accounting department. Article By: Job Virata Posted April 9, 2018 As an employee, we are expected to perform at our best and gain profit for the company that we are working for. In return, our employers are required to compensate us with our salaries and benefits; however, aside from these straightforward responsibilities of our employers, we are also entitled to “workers’ compensation”. “Workers’ compensation” pertains to a set of laws that outline specific compensations which an injured employee is entitled to claim. Workers’ compensation laws are found on each state’s statutes and have variations for each state, aside from this, there are also a workers’ compensation laws specifically written for industries such as the railroad industry since their employees face a different set of workplace hazard. Although there may be differences for each state’s workers’ compensation laws, majority of the states require that all businesses must have some form of workers’ compensation insurance to cover injured employees. Here are things that you should know as an employee to successfully file a workers’ compensation claim if you suffered an injury or damage during a workplace accident:
Contact Hogan Injury for assistance in your workers’ compensation claim. None of the content on Hoganinjury.com is legal advice nor is it a replacement for advice from a certified lawyer. Please consult a legal professional for further information Author: Bill Vogel, PHR VirtualHRPros.com Companies need to eliminate policies that automatically disqualify applicants because of a criminal record disclosed on the application or discovered from a background check. The Equal Employment Opportunity or EEOC, which is the US federal agency that enforces civil rights laws in the workplace, provides guidance in this area. Companies need to apply the EEOC’s Consideration of Arrest and Conviction Records in Employment Decisions, before disqualifying a job applicant or retracting a job offer because of a criminal conviction. Failure to apply this test, which is also known as an Individualized Assessment, can result in legal claims filed against an employer such as charges of discrimination. Also, keep in mind that a few states and cities have banned employers from asking job seekers to check a box and disclose criminal convictions on the application. This is commonly referred to as Ban-the-Box laws, which is a restriction that is gaining momentum in other states as well. In addition, earlier requirements forced companies to make a job offer before conducting a background check, which meant retracting job offers from unqualified applicants before they begin working. Under either circumstance, conducting an Individualized Assessment is a simple procedure that can prevent complicated legal problems. These steps include calling the applicant and discussing the following:
Nature and gravity refers to the seriousness of the conviction. For example, misdemeanor offenses are not as severe as felony offenses. Therefore, companies need to discuss the nature of the crime with the applicant to determine the seriousness of the felony, such as whether it involved threats, deception or intimidation. These raise red flags for most employers that justify disqualifying an applicant or retracting the job offer. The time that has passed refers to how long ago the conviction occurred from the date of application. Let’s be clear on this one, the employment consideration clock starts on the date of the conviction, not the arrest date. For example, an applicant convicted of petty theft five years ago may not be a disqualification. As time goes by, former criminals are less likely to return to their criminal activities than the average person. This means that employers cannot rely on past behavior as an indicator of previous behavior. Job relatedness refers to whether the criminal conviction has any relationship to the job. For example, an applicant convicted of petty theft, but is seeking a job as a heavy equipment operator should not be disqualified solely based on this criminal offense. On the other hand, a company should consider disqualifying this applicant for a job as a cashier. For most private employers this test is relevant to the hiring process, but in California the Individualized Assessment is a legal requirement with several added steps. Employers must check all local laws to ensure fair and equal treatment of applicants and compliance with local laws. As a reminder most private employers cannot disqualify applicants because of an arrests. This blog only touches upon one of the many legal protections afforded applicants. As always, get help from a qualified HR Professional if you think your business is at risk, or help is needed developing policies, procedures, and training courses to assist with workplace compliance requirements. February 28th, 2018 by Job Virata Sexual harassment in the workplace is illegal and is punishable by law, but did you know that it is also a type of discrimination? Sexual harassment is considered to be a type of sex discrimination that violates Title VII of the Civil Rights Act of 1964, and there is a branch of the government that deals explicitly with discrimination called U.S. Equal Employment Opportunity Commission (EEOC). How do you know if you’re experiencing sexual harassment in the workplace? As per the definition of the EEOC, if an individual’s rejection of unwelcome sexual advances, requests for sexual favors, and other verbal or physical sexual conduct affects their employment status, their work performance, or creates a hostile or offensive work environment for the employee, then it is considered as sexual harassment. Two types of sexual harassment occur in the workplace:
Some of the most common misconceptions about sexual harassment are false, and you should take some time to know these. The widespread belief that only women can suffer from sexual harassment is wrong, both men and women can be suffering from sexual harassment. It is also untrue that sexual harassment only happens between people of the opposite sex; the law has recognized that illegal sexual harassment can occur between people of the same sex. Lastly, sexual harassment is not exclusive to someone with a higher authority; it can also be from your coworkers. Now that you’ve identified that you are a victim of sexual harassment in the workplace, here are the next steps that you should take:
Need help with a sexual harassment case? Contact us at Hogan Injury for legal advice. None of the content on Hoganinjury.com is legal advice nor is it a replacement for advice from a certified lawyer. Please consult a legal professional for further information. Posted in Ask a lawyer Tags: ask a lawyer, harassment, sexual harassment, workplace VirtualHRPros.com Author: Bill Vogel, PHR Employee handbooks commonly include a Standards or Code of Conduct Policy that defines required employee behavior on and off the job. This policy should get the same attention as the sexual harassment and equal opportunity policies. For example, the Standards of Conduct policy needs yearly review for compliance with state, federal and local laws. In addition, the policy must be distributed, posted, reviewed, and acknowledged by everyone. Finally, provide training sessions on topics such as work place civility to help employees avoid conduct violations. The primary elements of a Standards of Conduct policy are as follows:
An Expected Behavior Statement is similar to a mission statement. For example, “The company expects all employees, consultants and temporary personnel to follow all policies, rules, procedures, and behave in a way that is safe, productive, and to treat each other with dignity and respect.” The Discretionary Discipline Levels informs everyone that the company does not have a progressive discipline policy. Employees and managers must understand that discipline, which includes termination can occur at any level. For example, theft may result in termination without receiving a written warning, and insubordination may result in a final warning without previous notification. The Standards of Conduct Policy needs to list several examples of misconduct, such as fighting, insubordination, misappropriation, disrespect, gambling, falsification, sleeping, loitering, off duty behavior, unlawful conduct, confidentiality, sexual harassment, accepting bribes, etc. In addition, add this statement at the end of the list that clearly places employees on notice, “It is impossible to list all examples of misconduct; therefore, management may identify any behavior that jeopardizes our business, employees, customers or the general public that supports the need for disciplinary action up to and including termination from employment.” As always, get help from a qualified HR Professional if you think your business is at risk, or needs help developing policies, procedures, and training courses to assist with workplace compliance requirements. VirtualHRPros.com Author: Bill Vogel, PHR Most places of employment do not require or necessitate the need for employees to possess a gun, or any weapon, while in the workplace. For safety reasons, employers should implement policies against employees possessing weapons of any kind while at work. The policy can also include employees legally permitted to carry a gun, or allowed by law to openly carry guns, from bringing weapons to work.
The primary elements of a No Weapons at Work Policy are:
This, like most policies, present added complications for employers. Employees may allege a violation of their federal or state constitutional right to possess a gun. In addition, certain religions include wearing daggers, which means managers must consider, but not necessarily approve a religious accommodation. However, no matter the complication, employees have a right to a safe work place, and employers can implement a firm and consistently enforced policy against weapons. As always, get help from a qualified HR Professional if you think your business is at risk, or needs help developing policies, procedures, and training courses to assist with workplace compliance requirements. |