Human Resources

When Is A Manager A Manager And Not An Hourly Worker

Many employers attempt to avoid having to comply with federal and state laws by mis- classifying their employees. Instead of giving them their regular titles they are promoted in title to managers, supervisors, and assistant managers. They then pay them salaries instead of hourly rates and pay no overtime for hours worked in excess of 40 hours per week. Human resource managers should be keenly aware of this as many large business have been successfully sued.

A job title of manager does not mean the employer is not liable or that the employee is not entitled to overtime pay. What matter is whether or not the employee is actually still an hourly employee or if the employee is a manager or supervisor.

Management or supervision of other employees means that two or more full time employees report to the manager or supervisor for work assignments and oversight of their everyday tasks. You also have to consider whether or not the employee gets a regular salary regardless of the hours actually worked or would the employee be paid less for working fewer than 40 hours per week.

You also have to determine what percentage of the time is actually spent managing or supervising. Duties that are substantially the same as an hourly employee are not management or supervisory tasks. The manager or supervisor must spend about 60 to 80% of his or her time in management duties. Often the opposite is true, the supervisor or manager is asked to continue doing his work and to spent about 20% of his time in management activities. In more severe cases the employee’s duties are the same except for perhaps an additional task such as opening or closing. Some of these managers or supervisors are also required to fill in when an employee does not show up. If this occurs regularly the manager or supervisor spends more than half of his time doing the same duties as an hourly employee, but
without the benefit of overtime pay.

These types of claims arise on a regular basis among even the biggest of employers. In one case the store managers at Radio Shack were deemed to be hourly employees and not managers and were awarded back pay for working overtime. In another case Wal-Mart was sued in California for allegedly failing to pay overtime. In another case in Oregon, Wal-Mart was sued and employees were awarded overtime pay.

More on when is overtime pay required at.
Personal Injury Attorney, Carlsbad, Encinitas

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Be the first to comment - What do you think?  Posted by arnold - July 14, 2008 at 12:00 am

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Dealing With Depression in the Workplace

As the business world evolves and changes, workers are expected to follow suit. Unfortunately, change comes naturally to some while others have trouble adapting. The trick is to find out why certain people are more adaptable than others, and to help those who fall behind catch up with the rest of the group.

The ability to adapt to quickly is vital for both companies and employees. A mood disorder can seriously affect the performance of the most determined and faithful worker. Employers can benefit from understanding how clinical depression and mood disorders are a detriment to productivity in the workplace.

Many workers who find change difficult to cope with suffer from depression and other mood disorders. Attitudes that are conducive to change aren’t easily developed by workers who suffer from these ailments. Depression can also breed negativity among other employees, which is a fire that is hard to extinguish. Even worse than its impact on job performance, nearly fifteen percent of people with severe clinical depression end their lives in suicide. Clearly, clinical depression and mood disorders in the workplace can not be ignored.

Managers and supervisors need to be vigilant in order to spot depression in workers. Sudden changes in appearance, personality, attitude or productivity can be a sign of severe depression. A gentle confrontation needs to occur, without any condescension (Knippers, 2006). This will let the worker know that there is a problem, so that they can correct the issue before it escalates. If help is needed, a specialist in mood disorders may need to be consulted. Because untreated depression tends to worsen over time, it is vital to help your employees cope with the problem before it escalates.

By learning the skills to work with those suffering from mood disorders, a great management team can train any employee to be adaptable. Some workers may have to be led a little differently than others, and others need help learning how to handle social interactions. The missing social interactions between people affected by depressions and mood disorders reduce the communication quality.

Those suffering from depression often have difficulty communicating and following directions. That’s why it’s important that leaders communicate clearly to their employees. Make sure that directions are precise and that employees completely understand what is expected of them, especially in times of change. When a company attempts to make major changes, leaders need to give clear and precise directions and followers need to have a clear understanding of the new direction and vision. One of the major reasons for collaboration and productivity failure is that job descriptions and directions are not clearly understood (Gappmaier, 1997)

One of the hardest things to determine when dealing with an employee afflicted with depression is whether the mood is a temporary emotional state or a serious chemical imbalance. Only a professional is qualified to make a diagnosis. Emotional disorders cost companies millions every year, with over two-thirds of the lost revenue attributed to productivity issues and absenteeism (American Psychiatric Association, 1995). Therefore, it is vital to an organization’s success to deal with the issue depression in the workplace.

T. Fox researches healthy smoothies ,a mix of blenders and health ingredients, and negative ions , all resulting in collaboration. People perform better when they are healthy.

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Be the first to comment - What do you think?  Posted by 123vitacom - May 23, 2008 at 12:00 am

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Expat Recruitment in Asia

You are away from home and have begun to contemplate with the idea of a career move. You can either wait patiently for that elusive headhunter of integrity to surface and find you, or be active and submit your details across every online recruitment agency you happen to find, setting yourself to face all sorts of adventures.

As an expatriate you may be disturbed by the fact that by working internationally you have become unidentifiable to the recruitment loop and have ended up, according to employers and hiring agencies, “out of sight, out of mind”.

Foreigners are somewhat left out of the loop of expat recruitment in Asia. To keep their chances alive at home it is strongly recommended that expats remain in touch with “friendly headhunters” back home. This isn’t too tedious as most of the major recruitment companies have several international branches and are globally active. For many key places for expatriates, a headhunter’s office on the ground is becoming more probable.

In the present scenario, expats simply need to be more pro-active. As expats in Asia, you require to keep recruiters up to date as to who you are, where you are employed, and what you are thinking, is the basic advice. People employed abroad have to be far more dedicated to finding their next job than if they were at home. Obviously it is harder to set up interviews if you are located abroad.

Besides, you are really required to do your research and realize what’s going on in the market you are aspiring to move to. Or all that this advice is concrete, expats might shy away at the extra work involved. Life is already too fast-paced itself. One solution for this, which has been increasingly sought after in recent years, is internet recruitment.

In recent years, there has been a surge in internet-based companies for expat recruitment in Asia ranging from mid-level recruitment services that give opportunities for below-board-level executives to vast ‘CV banks’ that provide chances for millions of people looking to showcase their wares on a worldwide basis. There has been a three-fold rise in the utilization of commercial recruitment sites to plug senior vacancies over the past year.

Firms searching for job boards to discover directors, for instance, rose from 4 per cent to 13 per cent, and 72 per cent of them rated the practice a success compared with 54 per cent of the same time last year.

But this does not imply that online recruitment sites are blowing away more traditional methods. Researches found that companies are accessing the internet apart from traditional recruitment methods in order to spread the potential pool of candidates and cater for more applicants and not as a replacement.

The current state of the labor market proves that it is more and more difficult to attract the right candidates, specifically at higher levels. As a result, organizations are spreading the recruitment net as wide as possible so as to find the best people. Actually among the expats there is a hard core of about two in five employers who do not utilize the internet to recruit, and have no plans to do so. In reality, there remains a lot of caution and half-mindedness out there.

Some people are fed up with the internet, even though the technology is not older than a decade and still is very much immature. Therefore, if you have the right attitude, the chances are that you will attain what you set out for via expat recruitment in Asia.

Hunt Partners is a high end Executive Search firm providing search and human capital solutions for global and regional clients who require discreet search of top management and board level positions.

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Be the first to comment - What do you think?  Posted by gsmyth - May 21, 2008 at 12:00 am

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Between a Rock and a Hard Place: The Reference Question

When someone leaves your employ your relationship with them is far from over. Former employee’s future job opportunities depend on the references from their past employers and the stakes can be very high. A good reference can mean unlimited opportunities but a poor reference can be the equivalent of being “blacklisted.” Just where do you, as a former employer, fit into this equation? Giving references can be a tricky business and finding your policy on this question is essential to your security and health as a company.

There is a growing industry in this country that gathers references not from potential employers but from the former employees themselves. These data gathering companies solicit references while posing as independent companies who are allegedly considering your former employee for future employment. For a fee as little as forty dollars your ex-employees can find out exactly what references you are offering to their future employers. The consequences of a less than sterling reference can mean defamation litigation or negative publicity.

The question to businesses is “how much,how little should we say about someone who has left our company?” You may want to reward good and productive employees who have left your company under positive circumstances with a glowing report of their work history. You may also want to warn inquiring companies about poor employees who failed to produce for you. You may just want to be honest and truthful about all former employees. But what you want to do may not be in your best interest. This is a situation where the truth can come back and bite you. So just where do you stand?

Some employers have a proactive stand and require newly hired workers to sign a release that they will not hold their employers liable for future references regardless of their content. Many employers develop a policy of giving out neutral information regardless of an employee’s job history.

One thing that all employers should do is carefully screen reference inquiries. Always ask for two phone numbers from each company, the name and address of the company, and the specific name and title of the person calling. Call both numbers offered and verify that the person you are speaking with is a legitimate employee of the company making the request. If at all feasible, respond only in writing to a verifiable company address. Make sure that you have consulted your own internal personnel records before making any comment on someone’s performance.

The vast majority of businesses today carefully restrict the information they give out. If you determine that this is also the policy you want to adopt inform newly hired employees not to expect extensive references when they leave. In this situation, the less you say may be the safest policy. If this is the path you choose you must follow it unilaterally and without exception.

The most common information given is usually limited to hire and discharge dates, job title, and ending salary. Some employers also include a statement as to whether the employee is eligible to be rehired. Whatever information you give out should be the only information you give out. Avoid any comments or small talk that companies will engage you in. Remember, they are seeking information that will be helpful to them in making an employment decision.

As much as you may want to provide that information, you can be held liable for negative comments you may make. While the information you give may be backed up by your own documentation, former employees can pursue defamation action that may or may not be upheld but is guaranteed to cost you money and adverse publicity.

Though you may believe that the truth is the best policy and good employees definitely deserve positive references, neutrality is the safest policy. The essential thing to remember is that your response to each inquiry must be uniform for each employee. Giving a neutral reference for one employee and a positive reference for another may be interpreted as a negative reference.

References are indeed a tricky business and the policy you adopt should be ironclad and fully understood by all employees. With the possibility of legal action, reference questions are truly like being “between a rock and a hard place.” You too will be making requests for references and will want as much information as possible. But once understand the position of the companies you are calling you will learn to rely on interviewing techniques and other screening tools. These may be the only reliable tools available to you and every care should be taken to maximize their effectiveness.

Melissa Vokoun is a successful Business Advisor, Coach and Trainer. To learn more about the services available, please visit the website at: http://www.coachingqueen.com or call 847-392-6886.

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Be the first to comment - What do you think?  Posted by Melissa714 - May 18, 2008 at 12:00 am

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Human Resources – Taking New Directions

Some theories that were once thought to be too unfeasible or unrealistic to be practiced, have been efficiently incorporated into the work culture today. A few of these are listed below.

More Than Formal Learning

Experts agree that learning should not be confined merely to classrooms but, in a break with traditional thinking, should be based on experiential training as well. In other words, experimental learning and training should be encouraged since it not only helps to promote team efforts but also enables the team to move towards business goals and objectives efficiently.

A Different Approach To The Compensation Issue

Popularly known as the cafeteria approach, this is a refreshing break from the routine fixed salary that used to be the norm of every organization. With the introduction of the new concept called the CTC, or cost to the company, both employer and employee find themselves in a winning situation.

Since it’s the employee who gets to structure his compensation package with the options provided; CTC leaves absolutely no room for any complaints regarding financial issues.

The end result is that both parties are satisfied.

Building Bonds

Merely attracting candidates is not the primary area of focus in Human Resources today. Retention of employees is also vital. Since employees today believe in the concept of working to live (rather than vice versa), it is mandatory that companies also concentrate their efforts on establishing informal interactions and relationships with them.

Goals can be achieved only when a strong bond exists between employees and with the organization simultaneously.

The Concept of FlexTime

Earlier, companies usually refrained from adopting flexible time practices due to common misconceptions of fixed work schedules and “face time”. In reality flextime, if practiced efficiently, can prove to be rather beneficial because it offers employees the flexibility to complete their duties effectively and have schedules that work for them personally.

Although flextime refers to the adjustment of working hours with a view to meet employees’ needs, it does not in any way indicate compromising the quality work.

The Advantages of Telecommuting

Thanks to the latest technological advances, it is now possible to allow employees to work from home, rather than be in the office all day. This is a boon for people who are more productive and effective when they operate from their homes. Telecommuting is an ideal solution for jobs that do not require direct interaction with customers, or if a company does not want to pay for unnecessary expenses such as renting extra office space or installing new phone and computer lines.

Other HR practices such as outsourcing, contracting, temp staffing and competency mapping are now pursued actively by majority of corporations, since they are very economical, efficient and beneficial to employees.

Tony Jacowski is a quality analyst for The MBA Journal. Aveta Solution’s Six Sigma Online offers online six sigma training and certification classes for six sigma professionals including, lean six sigma, black belts, green belts, and yellow belts.

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Be the first to comment - What do you think?  Posted by tjacowski - at 12:00 am

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