EMPLOYER ALERT
NEW DOL FORMS

The Department of Labor(DOL) has just announced that it has issued new forms for use in the FMLA process. The only WH-380 form has been revised. In its place DOL it has created two new forms:

1. WH-380E: Employee's Serious Health Condition (Click here to get Form WH-380E)
2. WH-380F: Family Members Serious Health Condition (Click Here to get Form WH-380F)

DOL also revised Form WH-381, the Notice to Eligibility, Rights and Responsibilities Form. (Click here to get Form WH-381).

Since we can never have enough forms, DOL has created three (3) new forms:

1. WH-382: Designation Notice to Employee of of FMLA Leave. (Click here to get Form WH-382)
2. WH-384: Certification of Qualifying Exigency for Military Family Leave. (Click here to get Form WH-384)
3. WH-385: Certification for Serious Injury or Illness of Covered Servicemember for Military Family Leave (Click here to get Form WH-385).

EMPLOYER ALERT: NEW FMLA POSTER AVAILABLE

The Department of Labor has just announced that it has issued a new FMLA poster that incorporates changes reflected in its final FMLA rules that were recently published. This poster must be displayed in the workplace in a conspicuous place. To get the poster click here.

Mumbai: The HR wake up call.

The events that unfolded recently in Mumbai, India were tragic. My prayers go out to those who have suffered as a result of this horrific event.

The unfortunate aspect of an event like Mumbai is that is illustrates how vulnerable we all are to terrorist acts and cataclysmic events. Most of the people reading this article work in what would be considered, in military terms, a “soft target.” (An unarmored or undefended target) Mumbai, Oklahoma City, 9/11, Katrina, and the Northridge earthquake share a common thread. The event itself and/or the magnitude of the event were unforeseen.

Following each event there were businesses left with questions. What now? What do we tell our employees? How do we contact our employees? Where and how are we going to conduct business? How do we address employee concerns about safety? Did we have adequate backup procedures in place? How will we pay our employees? What do we provide employees to assist them in overcoming trauma and grief issues? How do we provide adequate assurance to customers and vendors that our business continues to be viable? How will we address media inquiries?

These are not easy questions to answer. Disaster preparedness in the 21st century entails more than buying a First Aid kit at the local Costco. While I certainly hope that your organization never has to answer these questions, it is imperative to address these questions now. In an information age and a global economy, the companies that survive a disaster are those that planned ahead. The time to implement disaster preparedness protocols is now and not in the midst of crisis. HR professionals, this is your wake up call.

Nothing in this Blog should be considered legal advice or to form an attorney client relationship. Individuals with legal concerns should seek the advice of an attorney that can provide advice design to address their unique circumstance.

Don’t Circle the Wagons....

When tough economic times hit, it is easy to succumb to the tendency to cut every program that is not essential. Often these cost cutting measures target training, employment manual reviews/revisions and annual policy reviews. The justification for these measures is that money is tight and these things can wait. It is reminiscent of the person that stops changing the oil in their car because times are tough. You can do it but, eventually, you will pay the price either in the form of major repairs, lost vehicle longevity or both. The same holds true for your business. There may be short term benefits in cutting these programs, but in the long term you will spend more money than you saved.

What gets lost in this discussion is that policies and procedures, handbooks and training are the mechanisms that allow your company to communicate its expectations to its workforce. They also provide you with the foundation for defenses that can be asserted in the context of litigation. It is precisely at times like these, when business is down, that you need your workforce to work at its optimum level. Valuable human and financial resources do not need to be wasted responding to audits and inquiries from administrative agencies or defending lawsuits when proactive mechanism could have stopped these events from occurring.

So how do you do this when the money just isn’t coming in like it used to? Here are five things to consider:

1. Web based training.

Many law firms, including my firm, provide web training for employers that allow employees to log in and participate from any location. This type of training can be conducted live or via a prepared video presentation. This allows training to be conducted at times most convenient to the employee while minimizing or eliminating travel costs.

2. Consider policy reviews at departmental meetings.

In an ideal world, your lawyer would like to see you conduct periodic training on all aspects of your employment manual for management and non-management employees. If you have been diligent in training in the past and now the budget is tight, consider periodic reviews of policies by each department head. Make sure your department heads have a thorough understanding of the topic they will be discussing and provide them with a presenter’s package that includes relevant policies, frequently asked questions, and a PowerPoint presentation.

3. Hire a law firm to perform an annual review of policies and procedure.

Many law firms will offer a flat rate package for them to review your policies and procedures, including wage and hour practices. More often than not this will be offered at a reduced rate.

4. Consider using in-house or your company’s general counsel to provide training.

It’s always nice to bring in a well respected speaker to train to your workforce.
Let’s face it, in these difficult times that may not be an option. Instead, consider using someone from your in house counsel’s office or from the office of outside counsel. More often than not you will be surprised by the talent you have available that can offer training that fits within your budget.

5. Monitor government websites and relevant Blogs.

I never cease to be amazed by the sheer volume of information that is available on the web. Often the information contained on a reliable Blog can be the source of periodic internal newsletter updates. It is not a substitute for training, but sometimes, when the money just isn’t there it will have to do.

Finally, I would be like hear of some of the ways your company has modified your training and policy review processes in these difficult times. The more we can exchange ideas, the better off we all are.

Later,
Rod

Nothing in this Blog should be considered legal advice or to form an attorney client relationship. Individuals with legal concerns are encouraged to consult with an attorney who can provide them with advice tailored to their unique circumstance.