Entries with Content Pillar: HR Knowledge

Question: When are we required to pay for trainings? 

Answer:  In general, time spent in job-related training is counted as time worked and must be paid. However, not every lecture, meeting, training program, or similar activity would qualify. If all four of the following criteria are met, you do not need to pay the employee for the training:

  1. The training occurs outside of the employee’s normal work hours;
  2. The training is completely voluntary (there will be no company-initiated consequences if the employee does not attend);
  3. The training is not specifically job-related (it may be tangentially related to their job, such as most continuing education, without being specific to how they do their job on a day-to-day basis); and
  4. No work for the employer is performed during the training (e.g. reading or replying to email).

This Q&A does not constitute legal advice and does not address state or local law.

This Q&A was provided by Mineral, powering the UST HR Workplace. Have HR questions? Sign your nonprofit up for a FREE 60-day trial here. As a UST member, simply log into your Mineral portal to access live HR certified consultants, 300+ on-demand training courses, an extensive compliance library, and more.

Question: What are the penalties and costs for misclassifying employees?

Answer:  The answer will depend on a number of factors, such as how many employees are misclassified, how much extra money they would have been paid if properly classified, and whether or not lawyers or regulatory agencies get involved.

Generally, if an employee goes to the federal Department of Labor (DOL) and claims that they’ve been misclassified, the DOL will investigate. If the DOL determines that an employee—or entire group of employees—should have been paid overtime but wasn’t, the employee will be owed up to two years’ worth of unpaid wages (or up to three if the misclassification was “willful”). The organization may also owe the employee or employees liquidated damages equal to the amount of money owed. So, if an employee should have been paid $2,000 in overtime, the organization may owe them $4,000. The organization would also owe the government taxes on those wages, as well as interest on the taxes.

Most states also have their own minimum wage and overtime laws, and often an organization can be held liable under both federal and state law, meaning the employee would be owed additional damages for violations of state wage law. And if you are in a state with late payment penalties, the organization could owe additional damages for not having paid all wages by the time they were due. There’s also a very good chance that the organization will be held liable for attorney’s fees—both the organization’s and the employee’s.

On top of the costs mentioned above, there are potential federal civil penalties of $2,074 per violation (generally one penalty per misclassified employee), state penalties (which will vary), and in some cases the potential for jail time. Finally, statutory interest may immediately begin to accrue on the amount owed.

This Q&A does not constitute legal advice and does not address state or local law.

This Q&A was provided by Mineral, powering the UST HR Workplace. Have HR questions? Sign your nonprofit up for a FREE 60-day trial here. As a UST member, simply log into your Mineral portal to access live HR certified consultants, 300+ on-demand training courses, an extensive compliance library, and more.

As we continue working from home—isolated from loved ones, juggling work/life balance and trying to make sense of this seemingly never-ending pandemic—stress levels are at an all-time high. So it’s more important than ever to ensure the well-being of your workforce.

The harmful side effects of long-term stress can lead to increased absenteeism, poor work quality and decreased morale. Taking the time to show you care about your employees’ mental health, by developing activities and resources that help alleviate stress, can create a sustainable, positive workplace.

Without effective mental health resources in place, it could cost your organization its best employees. Uncover 7 Tips to Keep Your Nonprofit Employees Mentally Sound to help foster an engaged workforce during these uncertain times.

 

Would you like access to more HR-specific articles, templates and checklists? Sign up for a FREE 60-Day UST HR Workplace Trial today! (Use priority code “2020HR-Content” to expedite your request).

The Unemployment Services Trust (UST), the nation’s largest and lowest cost unemployment Trust provider, today announced that last year alone it helped 2,200+ nonprofits save more than $1.1 million dollars in human resources services through its value-added HR Workplace add-on.

The UST HR Workplace powered by ThinkHR empowers nonprofit HR professionals with the guidance they need to be more effective and efficient in their jobs. By providing expert HR advice, thousands of HR templates, hundreds of training courses and an award-winning online library for all workplace concerns, the UST HR Workplace gives nonprofits the knowledge they need to avoid costly risks and liability issues.

“Maintaining risks in the workplace is crucial to any organization but specifically for the nonprofit sector where one unexpected risk can put the organization in a situation they’re unprepared for,” said Donna Groh, Executive Director of UST, “ThinkHR helps nonprofit HR professionals avoid costly litigation with the tools available to them through use of ThinkHR Live, Comply and Learn.”

Staying on top of the latest HR laws and educating employees on organizational policies can help mitigate volatile unemployment claims and reduce costs long-term. Last year alone, UST members took nearly 5,000 online training courses and submitted close to 1,500 HR questions. The most popular resources utilized included Workplace Safety and Harassment Prevention training, Compliance and compensation inquiries, the Employee Handbook Builder and downloadable HR forms.

The UST HR Workplace has been a go-to resource for UST’s participating nonprofit employers since its launch in 2014 and is a priceless support system that helps to save time and money – offered at no additional cost to UST members.

Nonprofits can get a free 30-day trial of the UST HR Workplace powered by ThinkHR by visiting http://www.chooseust.org/thinkhr/.

About UST http://www.chooseust.org/thinkhr/ Founded in 1983, the Unemployment Services Trust UST provides 501c3s with a cost-effective alternative to paying state unemployment taxes. UST participants save millions annually through claims management, hearing representation, claim audits, outplacement services and HR support. Join more than 2,200 nonprofits nationwide and request an Unemployment Cost Analysis at www.ChooseUST.org.

Are you keeping up with the Trump administration’s quick moves to change laws, enforcement actions and regulations to support business and our economy?

Presented by ThinkHR, this on-demand webinar explores President Trump’s first 100 days in office. The presentation will address issues and questions about rescinded Executive Orders, regulatory enforcement agenda changes and legislative moves that could impact your nonprofit’s business operations.

Discover what you need to know and should be doing relating to:
 

  • Wage and hour changes
  • Benefits and time off programs
  • Immigration
  • OSHA and safety
  • Other work-related rules

Watch the webinar recording today: http://links.thinkhr.com/Q0FW0oT0Kj1Rn0Wf900v9S0

Want access to more HR-certified webinar opportunities and a live HR hotline? Visit www.chooseust.org/thinkhr/ to sign up for a FREE 30-day trial of the UST HR Workplace, powered by ThinkHR.

Few things are as costly and disruptive as good people turning in their resignation. Finding qualified, motivated and reliable employees can be challenge enough but retaining them once hired can often be just as taxing. In order to prevent good employees from wanting to exit, companies and managers need to understand what they’re doing that contributes to an employees’ departure because people don’t typically leave jobs, they leave managers.

Many managers lack fundamental training in managing people. More importantly, they lack the values, sensitivity, and awareness needed to interact effectively with their staff which affects the company as a whole and causes the bottom line to suffer.

 

Let’s take a look at the type of manager behavior that send good people packing.

Micromanagement – Bosses who are always under foot and constantly requiring updates are exasperating to everyone. All managers should start out from a position of trust with their employees. Micromanaging shows a lack of trust and makes an employee feel like they can’t be counted on to do things effectively.

Failing to get to Know Employees as People – Developing a relationship with employees is a key factor in managing. Managers need to know how to balance being professional with being human. Because we spend more time at work than we do at home most days, it’s important that employees feel like they belong. Celebrating successes, both professional and person, and empathizing during hard times can go a long way.

Workload Burnout – If you want push people out the door, nothing does it better than overworking your staff and pushing the limits of excessive production. Managers tend to push their best and most talented to do more but overworking your employees is counterproductive and risky if you don’t compensate with some sort of recognition such as raises, promotions or title-changes.

Failure to Communicate – The best communication is transparent communication. Sharing as much information as possible helps to make employees feel engaged and empowered. It also opens the door for feedback, ideas and suggestions which every company should encourage.

Don’t Recognize Good Work – Everyone likes a pat on the back every now and then and it’s the managers’ responsibility to reward a job well done. It can be as simple as verbal recognition, a small token of acknowledgement such as a gift card for coffee or as grand as a raise or promotion.

Failure to Develop Skills – Talented employees are always looking to learn something new and missing the mark on this one can cause your best people to grow bored and complacent. If you take away their ability to improve, it not only limits them, it limits you too.

If you want your best people to stay, you need to think carefully not just about how you develop them but about how you treat them. Cultivating happiness and good will through methodical efforts will help to avoid any unnecessary losses.

Question: We are offering non-paid positions volunteer work to interns working at the office on research projects, collecting data and conducting study projects. What liabilities do we need to be aware of as these volunteer interns will be working on company premises?

Answer: One of the primary issues you face is in paying or not paying your interns. The Fair Labor Standards Act FLSA, which sets standards for the basic minimum wage and overtime pay, affects most private and public employment. Covered and nonexempt individuals who are “suffered or permitted” to work must be compensated under the law for the services they perform for an employer. Internships in the for-profit private sector will most often be viewed as employment, unless the test described below relating to trainees is met.

Interns in the for-profit private sector who qualify as employees rather than trainees typically must be paid at least the minimum wage as well as overtime compensation for hours worked over 40 in a workweek.

Test for Unpaid Interns

The determination of whether an internship or training program meets this exclusion depends upon all of the facts and circumstances, and the following six criteria must be applied when making this determination:
 

  • The internship, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in an educational environment.
  • The internship experience is for the benefit of the intern.
  • The intern does not displace regular employees, but works under close supervision of existing staff this is the test that shows the intern is not answering phones, delivering mail, filling in for an absent employee, etc., and that the intern is doing work that is for his or her benefit and not necessarily for the benefit of the employer.
  • The employer that provides the training derives no immediate advantage from the activities of the intern, and on occasion its operations may actually be impeded.
  • The intern is not necessarily entitled to a job at the conclusion of the internship.
  • The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.

If all of the above factors are met, an employment relationship likely does not exist under the FLSA, and the act’s minimum wage and overtime provisions do not apply to the intern. This exclusion from the definition of employment is necessarily quite narrow because the FLSA’s definition of “employ” is very broad.

Important: As of May 25, 2016, the Second Circuit New York, Vermont, and Connecticut and the Eleventh Circuit Alabama, Georgia, and Florida have rejected the Department of Labor’s six-factor test and have adopted the “primary beneficiary” relationship test, which takes into account the economic reality between the intern and the employer. The primary beneficiary relationship test has seven factors:
 

  1. The extent to which the intern and the employer clearly understand that there is no expectation of compensation. Any promise of compensation, express or implied, suggests that the intern is an employee — and vice versa.
  2. The extent to which the internship provides training that would be similar to that which would be given in an educational environment, including the clinical and other hands-on training provided by educational institutions.
  3. The extent to which the internship is tied to the intern’s formal education program by integrated coursework or the receipt of academic credit.
  4. The extent to which the internship accommodates the intern’s academic commitments by corresponding to the academic calendar.
  5. The extent to which the internship’s duration is limited to the period in which the internship provides the intern with beneficial learning.
  6. The extent to which the intern’s work complements, rather than displaces, the work of paid employees while providing significant educational benefits to the intern.
  7. The extent to which the intern and the employer understand that the internship is conducted without entitlement to a paid job at the conclusion of the internship.

In examining these factors, no one factor is dispositive and courts should weigh the factors to determine the appropriate result depending upon the facts before them. The factors are also not exhaustive and, in certain situations, additional evidence may be appropriate to consider.

Here is our practical advice before you hire an intern:
 

  • Develop an intern policy and define the job carefully so that both parties are clear about job duties and expectations. This reduces misunderstandings that can lead to lawsuits. The policy should define the basic internship program, such as compensation structure or the fact that interns will be unpaid, eligibility requirements, and the intern’s at-will status. Make sure the policy does not establish what could be viewed as a legally binding contract. Never infer the promise of employment for a specified period.
  • Define supervisory roles and supervisor/intern evaluations. Reliable supervision is the key to preventing problems, including injuries, discriminatory actions, and performance failings. Make sure all supervisors know who is overseeing the work of each intern.
  • If possible, obtain formal documentation from the intern’s college explaining the educational relevance of the internship if the intern will earn credits.
  • Ask whether the school provides liability insurance to cover damage caused by a student. Many schools carry the coverage. Also, if the company has employment practices liability insurance, check whether it extends to interns.

Once the intern is on board:
 

  • Manage interns as closely as employees, if not more so. The company can be held responsible for the actions of any workers, including unpaid interns, while they are performing work for the company. Courts will view interns like employees, as “agents” of the company.
  • To ensure interns are paid correctly, maintain time records. To avoid the possibility of FLSA violations, companies who find themselves in the position of “employer” should ensure their interns accurately capture and are paid for all of their hours of work.
  • Apply the company’s workplace policies to interns, for both consistency and good positive employee relations reasons. Interns who are considered employees have all of the legal protections regular employees have, and even unpaid interns may be able to pursue claims under Title IX, which bans sex discrimination in “any education program” or pursue common-law job-bias claims, such as infliction of emotional distress.
What is top-of-mind for almost every HR practitioner in 2017? Recruiting and hiring and getting the recipe right to be successful.

It’s a competitive world for hiring managers and no one wants to get chopped or leave out a key ingredient.

Presented by ThinkHR, this on-demand webinar cooks up ideas and best practices for:
 

  • Creating a great applicant experience from first impression to hire
  • Short-term hiring (including summer interns)
  • Creating and implementing inventive interview questions and interpreting the answers
  • Onboarding communications

Watch the webinar recording today: http://links.thinkhr.com/o01iW00al00fSK09oWT9nR0

This webinar offers 1 HRCI and 1 SHRM-approved credit. Want access to more HR-certified webinar opportunities and a live HR hotline? Visit www.chooseust.org/thinkhr/ to sign up for a FREE 30-day trial of the UST HR Workplace, powered by ThinkHR.

Make your “___ Days Accident Free” sign happy.

Do all your employees want to be on the safety team? Are you turning people away from your slips, trips, and falls training? Yea, we didn’t think so.

Workplace safety is important and ongoing, yet it’s tough to get employees excited and to stay on top of safety plans, regardless of the industry you’re in. Presented by ThinkHR’s workplace trends expert Don Phin, this on-demand webinar provides insight on the many ways to revamp or create a new safety plan.

In this webinar, Don discusses:
 

  • The importance of OSHA training and regular safety inspections
  • Creating and implementing a safety plan
  • Getting your employees excited about safety

Watch the webinar recording today: http://links.thinkhr.com/A20b09KT10W9fSn00R0C0oW

This webinar offers 1 HRCI and 1 SHRM-approved credit. Want access to more HR-certified webinar opportunities and a live HR hotline? Visit www.chooseust.org/thinkhr/ to sign up for a FREE 30-day trial of the UST HR Workplace, powered by ThinkHR.

Question: Generally our employees are “always on”, meaning they check work emails and communicate with co-workers/supervisors via smartphones during all hours. However, some of our employees are beginning to feel overwhelmed. Any suggestions?

Answer: Although employers may see the “always on” employee as highly productive, the constant state of being readily available can leave employees feeling overwhelmed and exhausted. To combat this struggle, employers may:
 

  • Elect to simplify the workplace and clearly outline expectations of employees during non-working hours.
  • Implement more flexible workplace standards encouraging employees to take time off and teach employees how to prioritize the constant flow of work. Employees inundated with information overload will benefit from streamlined information that is easy to understand and apply.
  • Teach employees how to delegate tasks and help employees learn new skills to manage their time so as to decrease the sense of a “workaholic” environment.
  • Outsource tasks to free up employee time.
  • Direct supervisors not to send employees emails or message employees after standard working hours so as to put employees more at ease and not feel the pressure to be “always on.”

Note: The application of any new or existing workplace policy must be applied consistently and without discrimination throughout the workforce.

Q&A provided by ThinkHR, powering the UST HR Workplace for nonprofit HR teams. Have HR questions? Sign your nonprofit up for a free 30-day trial here.

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Privacy Policy

Privacy Policy and Terms of Use

UST maintains a secure site. This means that information we obtain from you in the process of enrolling is protected and cannot be viewed by others. Information about your agency is provided to our various service providers once you enroll in UST for the purpose of providing you with the best possible service. Your information will never be sold or rented to other entities that are not affiliated with UST. Agencies that are actively enrolled in UST are listed for review by other agencies, UST’s sponsors and potential participants, but no information specific to your agency can be reviewed by anyone not affiliated with UST and not otherwise engaged in providing services to you except as required by law or valid legal process.

Your use of this site and the provision of basic information constitute your consent for UST to use the information supplied.

UST may collect generic information about overall website traffic, and use other analytical information and tools to help us improve our website and provide the best possible information and service. As you browse UST’s website, cookies may also be placed on your computer so that we can better understand what information our visitors are most interested in, and to help direct you to other relevant information. These cookies do not collect personal information such as your name, email, postal address or phone number. To opt out of some of these cookies, click here. If you are a Twitter user, and prefer not to have Twitter ad content tailored to you, learn more here.

Further, our website may contain links to other sites. Anytime you connect to another website, their respective privacy policy will apply and UST is not responsible for the privacy practices of others.

This Privacy Policy and the Terms of Use for our site is subject to change.