Termination talk: 6 ways to ease the pain for both parties

by Christian Schappel

Let’s face it. Overall, being in HR is great. But it comes with one major drawback: having to be the one to tell people they’ve lost their jobs. Sure, it’s hard on the people across from you, but it’s also hard on you. 

One of the best ways to ease the pain? Treat it like removing a Band-Aid – take quick and direct action.

Of course, that doesn’t mean going in with a cold, robotic-like demeanor and delivering the bad news in one swift stroke. Although the goal is to get it over with, it still requires a great deal of tact — if both parties aren’t to leave the room feeling as horrible possible.

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Tip Tuesday! ACA reporting: What you should be working on right now

by Jared Bilski

With the deadlines just months away, ACA reporting is priority number one for many HR pros. Here’s some help with that monumental compliance task.  

The reporting requirements can be broken down into two categories:

• the forms you need provide employees by Feb. 1, 2016 (Form 1095-C for insured plans), and
• the forms you need to get to the IRS by Feb. 29, 2016(Form 1094-C for insured plans).

And if your company will be filing more than 250 or more returns for 2016, the IRS requires you to do it electronically.

But you do get an extra month to get those forms to the feds – that deadline is March 31, 2016.

Note: The feds recently let employers know that there is a way to get a 30- or even 60-day ACA reporting extension in some situations.

From start to finish

To ensure your firm has everything in order by the time the deadlines roll around, here is a five-point checklist:

1. Keep all key requirements in mind. If you’re an employer with between 50 and 99 full-time employees, you’ve got reporting requirements under the law – even if you qualify for transitional relief or if you don’t offer healthcare coverage.

Click here for entire article. 

Which jobs promote the best work/life balance? You might be surprised

by Tim Gould

Work/life balance is among the most common buzzwords — and the slipperiest issues — around HR today. Wonder what jobs offer the best of this elusive ideal? Read on.  

Recently, Glassdoor identified the 25 Best Jobs for Work/Life Balance, compiled using employee feedback shared on the career consultant’s website over the past year.

Glassdoor’s clients rated their satisfaction with their jobs’ work/life balance on a 1-to-5 scale — 1 being totally unsatisfied, 5 being very satisfied. Turns out work-life balance has decreased in recent years, as employees have reported an average work-life balance satisfaction rating of 3.5 in 2009, 3.4 in 2012, and 3.2 thus far in 2015.


So here’s Glassdoor’s lineup of this year’s 25 best jobs for work/life balance (listing includes average salary and number of available positions on the Glassdoor jobs board):

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3 thorny people problems that will arrive with new OT rules

by Christian Schappel

Are you ready for the three most difficult conversations you’ve had in a while? You can thank the DOL for them. 

The agency’s changes to the FLSA overtime exemption rules aren’t just going to be a financial headache for employers; they’re also going to be a managerial dilemma.

If the final rules resemble anything close to the DOL’s proposal — which would crank up the minimum salary threshold for all exempt employees to $50,440 — large chunks of companies’ workforces are about to go from exempt to non-exempt.

Financial implications aside, that creates a huge management problem: The change in classification will feel like a demotion to employees.

They’ll blame the DOL, right?

If you think employees will curse the Obama Administration for what could essentially be an overnight change in their work arrangements/classifications, you’re in for disappointment.

Click here for entire article. 

5 times it’s OK to fire an employee on FMLA leave

by Christian Schappel

Of course, you’d never to fire someone for taking FMLA leave. But perhaps the termination had been in the works long before the person took FMLA leave. It’s still a sticky situation, but a court recently outlined when it’s safe to say goodbye to someone on FMLA leave. 

The danger is, obviously, FMLA interference and retaliation claims. You never want to make it look like the taking of FMLA leave was a motivating factor in the decision to terminate someone (not that it would be).

Still, an FMLA lawsuit may likely be forthcoming if you terminate someone while they’re on, or just returning from, FMLA leave. It’s kind of a go-to move for employee-side attorneys: “Oh, you were on FMLA leave when they fired you. That’s interference and retaliation.”

But courts will side with you if you can prove the employee, FMLA leave aside, had it coming — e.g., the person was embezzling money, harassing the secretary or lying to customers.

When it’s safe to cut the chord

The U.S. Court of Appeals for the Tenth Circuit recently highlighted five separate cases in which it threw out a worker’s FMLA lawsuit against an employer after finding “undisputed evidence that the employee in question would have been terminated even if FMLA leave had not been taken.”

In then pointed out the element each employer in those five causes had on its side that allowed the court to toss the claims against it. If you can prove one of these elements exist when weighing your decision to terminate an employee on FMLA leave, it’s generally safe to say “you’re fired”:

Click here for entire article. 

Tip Tuesday! A 7-point checklist to smooth ADA accommodation request process

by Tim Gould

Handling ADA accommodation requests is tricky, as you know. But the better prepared you are before you receive a request, the better your chances for staying on the right side of the law. 

To that end, employment law attorney Patti C. Perez of Ogletree Deakins suggests employers use this seven-point checklist to make sure they’re ready to engage in the ADA’s interactive process:

Define the process. Does your company have an easy-to-follow process for making accommodation requests? Tip: Have one person handle all requests.

Communicate. Begin a conversation with the employee as soon as he or she requests an accommodation, and document all interactions with him or her.

Gather employer documents. Compile relevant documents, like the employee’s job description, department expectations and performance evaluations. The more information you have, the easier it’ll be to create an accommodation plan.

Gather employee documents. Ask the employee for a detailed description of his or her restrictions. Keep the conversation on the restrictions – not on the medical condition itself.

Click here for entire article. 

5 timesaving hacks for everyday life

Find more minutes in your day with these timely tricks 

You can't stop the clock to squeeze in more time. But you can make tiny changes in your daily routine to gain precious minutes. 

Done regularly, these five little life hacks may add up to quality time — and help you feel less stressed. 

1. Set a timer on surfing

When exploring online, it's easy to get sucked in for hours at a time. Maybe you're searching for the perfect gift, recipe or vacation spot. Or you're checking out social media sites or the latest sports news. Next time, set a timer for the time you're willing to spend. That beep, buzz or bell can help remind you not to get too tangled in the World Wide Web. 

2. Make dinner plans 

This hack requires spending time to save more. Block off an hour a week to plan healthy meals. It can make creating your grocery list a snap — and prevent extra trips to the grocery store each week. If you're often stumped on what to serve, here's another fun tip: Give each night a theme. For example, maybe that's meatless Mondays, Italian Wednesdays and breakfast-for-dinner Fridays.

Click here for entire article.