Index
absenteeism, paid time-off policy and, 133
accidental death and dismemberment insurance, 129
acquisitions and mergers, 232–233
across-the-board pay increases, 113
AD&D coverage, 129
advertising agencies, for writing job posting, 8
age, interview questions about, 23
Age Discrimination in Employment Act of 1967 (ADEA), 163–164, 226
Americans with Disabilities Act of 1990 (ADA), 23, 29, 69, 165–169
arrest, interview questions about, 24
auditing, 99
awards luncheons, 81
background check, 30–31
Barron’s Profiles of American Colleges, 14
behaviorally based questions, in job interview, 21
benefits, see employee benefits
bonuses and incentives, 32, 114–119
broker
for healthcare plans, 136–137
for insurance, 126–127
Bureau of Labor Statistics, 109
business climate, changes, 231–232
business plan, and career growth, 89
career fairs, 16–17
career growth opportunities, 88–90
Careerbuilder, 5
child care, 151
clarity, of manager’s instructions, 77
closed-ended questions, 21
coaching, 52
for communication issues, 78–79
COBRA (Consolidated Omnibus Budget Reconciliation Act of 1986), 143, 221–222
college graduates, as job candidates, 14–16
communications
about layoffs, 242–243
about terminated employee to other workers, 227
fixing interpersonal, 78–79
fostering effective, 72–79
honesty in, 73–74
information from employees, 75
methods, 74–75
on pay raises, 109
and performance management, 51
poor, and retention problems, 76–78
Community Living Assistance Services and Support Act (CLASS), 131
company culture, and performance management, 51
company intranet, for employee handbook access, 48
company Web site, and job candidates, 5
compensation, 97–119
administrative exemption, 100
bonuses and incentives, 114–119
computer-related occupations exemption, 101–102
confidentiality, 114
employee complaints, 113
executive exemption, 100
job candidate’s requirements, 20
outside sales exemption, 101
overtime payments, 103–104
pay grades, 106–107
pay increases, 109–114
philosophy of, 105–106
post-termination, 220–227
professional exemption, 101
rates of pay, 108–109
salary freezes, 110–111
system for, 104–106
wage and hour laws, 98–100
compressed workweek, 86
computers
appropriate use, 187
communicating standards for, 191–192
employee right to privacy, 188
conduct in workplace
dishonesty, 202–207
inappropriate or illegal, 185
substance abuse, 197–201
violence, 193–197
confidentiality
of compensation, 114
of employee investigation of high-risk behaviors, 196
terminated employee and, 227
of termination, 218
conflict resolution, 90–93
Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA), 143, 221–222
consumer-directed health plans, 139
contingent search firms, 18
conviction record, interview questions about, 24
copayment for office visits, 142
cost-of-living allowance, 108
cost-of-living increases, 110
costs
of Internet job postings, 7
of layoffs, 235
of testing, 28
Craigslist, 7
credit history, interview questions about, 24
criminal background checks, 30, 69
Culpepper Geographic Pay Differential Practice Survey, 108
decisional unit, 245
defined retirement benefit plans, 145–146
defined retirement contribution plans, 146
dental care benefits, 140–141
disabilities, interview questions about, 23–24
disability insurance, 129–131
discharge, see termination and discharge
disciplinary process, 54
discriminatory practices, 153–163
complaints, 69
formal complaint form, 259–261
and termination, 215–216
dishonesty in workplace, 202–207
documentation
of bonuses and incentives, 118
of disciplinary steps, 54
of flexible schedule, 87
I–9, 68
of interviews in investigations, 211, 212
job descriptions, 107
of performance reviews, 68
records retention, 144
of termination process, 216–217
waiver or release signed by terminated employee, 225–227
see also tools and templates
domestic partner coverage, 141
downsizing, 234
see also layoffs
Drug Free Workplace Act of 1988 (DFWA), 198–200
drug testing, 200–201
preemployment, 28
education requirements for job opening, 3–4
EEOC, see Equal Employment Opportunity Commission (EEOC)
e-mail, 74
appropriate use, 187
communicating standards for, 191–192
company monitoring of, 188–190
confidentiality, 225
employee right to privacy, 188
managing by, 76–77
emotions, in conflict, 92
empathy, 78
employee assistance programs, 145, 195
employee benefits, 121–151
401(k) plans, 146–149
AD&D coverage, 129
cafeteria plan, 144
disability insurance, 129–131
employee assistance programs, 145, 195
group life insurance, 127–128
health insurance, 134–145
holidays, 131
legally required insurance, 122–124
offering, 32
other benefits, 151
post-termination, 220–227
retirement benefits, 145–150
sick days, 132–134
social security benefits, 124
unemployment insurance, 124–125
vacation days, 132
workers compensation, 125–127
employee conduct
inappropriate or illegal, 185
substance abuse in workplace, 197–201
violence in workplace, 193–197
workplace dishonesty, 202–207
employee handbook, 36–48
attorney involvement in development, 44
content concerns, 45–46
corrective discipline/termination policies, 41–42
development process, 37
disclaimers in, 43–44
EEO policies, 39
electronic format, 48
on employee benefits, 40–41
on employment and compensation, 39–40
encouraging reading of, 46–47
introductory section, 38
layoff policies, 236
legal issues, 43–44
maintaining different language versions, 38
for multiple locations, 45
need for, 36–37
ongoing review, 47
on safety, 41
sample acknowledgment of receipt, 254
severance policy, 42
stylistic considerations, 42–43
on time-off, 40
employee opinion survey, 76
employee referrals, 12–13
employee relations, 71–95
Employee Retirement Income Security Act (ERISA), 150
employee turnover, insurance company notification, 135
employees
contribution to health insurance costs, 142–143
drug testing, 200–201
expectations for performance, 50–51
information gathering from, 75
information sharing with, 72–73
insurance coverage for former, 143
investigations of, 207–212
monitoring mail sent to workplace, 204
privacy rights of, 68
see also job candidates; termination and discharge
employers, standards for security and privacy, 186
employment agreements, 216
employment at will, 214–215
employment contract, 33
severance provisions, 224
employment files, 98
maintaining, 68–69
employment reference request, 268
entertainment, at company parties, 84
Equal Employment Opportunity Commission (EEOC), 27–28, 226–227
policies in handbook, 39
records, 69
voluntary self-identification form, 262–263
Equal Pay Act of 1963 (EPA), 169–170
executive compensation, 119
health plans, 141–142
exempt employees, 99–100
exit interview, 93–95
questionnaire, 266–267
expectations
for employee performance, 50–51
for new employees, 64
Fair Credit Reporting Act (FCRA), 30–31, 208
Fair Labor Standards Act of 1938 (FSLA), 98–99, 100
Family and Medical Leave Act (FMLA), 69, 134, 172–177
Federal Unemployment Tax Act (FUTA), 124
feedback, 77
specificity in, 61
firing, see termination and discharge
flat-rate bonuses, 115
flexible scheduling, 85
appropriateness of arrangements, 86–87
implementing, 87
flexible spending account (FSA), 144–145
flextime, 85
floating holidays, 131
forced ranking system, 73 401(k) plans, 146–149
fraud, investigations of, 207
generic prescriptions, 142
Genetic Information Nondiscrimination Act of 2008, Title II, 170–172
geographic pay differentials, 108
goal-based bonus plans, 116–117
group life insurance, 127–128
guidelines for federal workplace drug testing programs, 201
guns at work, 196
halo effect, 25
harassment, 95
headhunters, 17–18
health insurance, 134–145
factors impacting cost, 137
legal requirements, 135–136
sample plans comparison, 253
Health Insurance Portability and Accountability Act of 1996 (HIPAA), 143–144
health maintenance organizations (HMOs), 138
health reimbursement accounts (HRAs), 140
health savings accounts (HSAs), 139
healthy conflict, 91
“Help Wanted” sign, 13–14
Hewitt Associates, 110
high-deductible health plans (HDHP), 139–140
hiring
negligent, 31
see also job candidates
holiday parties, company-sponsored, 83–84
holidays, 131
honesty in communications, 73–74
hosting events, 12
human resources policies, 35–48
I–9 documentation, 68
incentive system for performance, 79
indemnity health plans, 138
information sharing
with employees, 72–73
see also communications
insurance
company rate changes, 142–143
disability, 129–131
health, 134–145
legal requirements, 122–124
unemployment, 124–125
Internet
appropriate use, 187
communicating standards for, 191–192
employee right to privacy, 188
job postings on, 4–11
in performance review process, 59–60
for rewards and recognition programs, 82
search on job candidate, 30
internship programs, 16
investigations of employees, 207–212
job candidates
college graduates as, 14–16
comfort of, 26
finding, 1–4
flow log, 251
preemployment testing and screening, 26–31
prescreening, 20
referral sources, 11–17
telephone reference check form, 252
job descriptions, need for, 107
job fairs, 16–17
job interview, 20–26
illegal questions, 22–24
parts, 24–26
questions, 20–22
responsibility for, 3
job offer, 31–34
job opening, reason for, 4
job parameters, defining, 2
job points system, 107
job postings
accuracy of, 4
on Internet, 4–11
writing for online, 7–8
job sharing, 85–86
Kaiser Family Foundation, 134
layoffs
alternatives to, 234
considerations for remaining workers, 245–248
costs, 235
implementation, 242–245
motivation after, 247–248
planning, 235–242
letters from top executives, 74
letters of reference, 29
life insurance, 127–128
Lily Ledbetter Fair Pay Act of 2009, 170
LinkedIn, 10
listening skills, 77
living wage, 99
lockers, searches of employees’, 203
long-term disability insurance (LTD), 129–130
mail sent to employee’s workplace, monitoring, 204
managers
information gathering from employees, 75
training in performance review process, 60–61
marital status, interview questions about, 22–23
mediators, for conflict resolution, 91
mentoring, 52–53
for communication issues, 78–79
mergers and acquisitions, 232–233
merit raise increases, 110, 111
minimum wage laws, 98–99
mission, sharing with employees, 72
mitigated severance, 222
money purchase plans, 150
Monster Web site, 5
motivation after layoffs, 247–248
national origin, interview questions about, 23
negative comments
in performance review forms, 67
negligent hiring, 31
negotiating job offer, 32–33
networking, and job candidates, 11–12
new employees, performance evaluation, 63–65
newsletters, 74
newspapers
help wanted ads, 11
online versions for job postings, 6
niche employment Web sites, 6
night workers, inclusion in rewards and recognition program, 81
noncompete agreement, 33
nondisclosure agreements, 74
nonexempt employees, 99–100
nonqualified plans, 150
nursing home, 130–131
Occupational Employment Statistics, 109
Occupational Safety and Health Act of 1979, 177–183
Older Workers Benefit Protection Act (OWBPA), 226
open-door policy, 91
open-ended questions, 21
organizational changes, sharing with employees, 73
organizational conflict, 90–91
outplacement, 223
overtime payments, 99–100, 103–104
paid time-off policy, 133–134
Patient Protection and Affordable Care Act (PPACA), 121, 123–124, 135–136
pay, see compensation
pay grades, 106–107
pay range, for job opening, 3
paycheck, after termination, 220
pay-for-performance system, 112
pension, of terminated employee, 221
people with disabilities, incentives for hiring, 19
performance appraisal, 55–69
appropriate content, 60
balanced scorecard, 62
conducting, 65–69
document format, 57–58
forced ranking system, 73
frequency of reviews, 56–57
negative comments in forms, 67
planning for, 65–66
sources of forms, 58–59
system development, 55–56
360-degree feedback, 61–62
training of managers for, 60–61
performance deficiencies, 53–54
performance improvement plan (PIP), 67
performance management, 49–69
focus group preparation, 256
goals, 255
system development, 50–54
perks, 114
physical exams, preemployment, 29
point of service plan (POS), 139
polygraph tests, 206–207
praise, 81
preemployment testing and screening, 26–31
preferred provider organizations (PPOs), 139
prescriptions, generic, 142
privacy rights, 185
and employee searches, 202
of employees, 68
and medical records, 143–144
private employers, standards for security and privacy, 186
probable-cause search, 203
probationary periods, 63–65
profit sharing, 149–150
progressive discipline, 54
promotion
from within, 89
job opening due to, 4
and pay increase, 111
psychological testing, 196
public employers, standards for security and privacy, 186
questions
to ask job candidates before scheduling interview, 250
from job candidate, 25
race, interview questions about, 23
random searches, 202
rating scale, for performance appraisal, 57
Receipt of Handbook Acknowledgment Form, 46–47
records, see documentation
records retention, 144
recruitment firms, 17–18
recruitment strategy, 1–2
Internet use, 4–11
recruitment Web sites, 5–7
reference check, 29
of job candidate, 3
for terminated employee, 228
referral sources, 11–17
employees as, 12
regulatory issues, 153–183
Age Discrimination in Employment Act of 1967 (ADEA), 163–164
Americans with Disabilities Act of 1990 (ADA), 165–169
discriminatory practices, 153–163
Equal Pay Act of 1963 (EPA), 169–170
Family and Medical Leave Act (FMLA), 172–177
Genetic Information Nondiscrimination Act of 2008, Title II, 170–172
Lily Ledbetter Fair Pay Act of 2009, 170
Occupational Safety and Health Act of 1979, 177–183
release
in layoff process, 244–245
signing by terminated employee, 225–227
religion, interview questions about, 23
resignation request, vs. termination, 220
resumes of job applicants
vs. LinkedIn profile, 10
managing, 7–8
retained searches, 17–18
retention bonuses, 117
retirement benefits, 145–150
reward and recognition programs, 79–84
types, 81–83
salaries, see compensation
sales incentives, 115–116
Savings Incentive Match Plan for Employees of Small Businesses (SIMPLE), 149
search firms, 17–19
searches of employees, company right to conduct, 202
Section 125 plans, 144
security, 185
self-insurance, for healthcare plans, 137
sexual harassment, formal complaint form, 259–261
short-term bonuses, 115
short-term disability insurance (STD), 129–130
sick days, 132–134
sign-on bonuses, 117
SIMPLE plans, 149
single-rate jobs, 112
skill requirements for job opening, 3–4
skills test, 26–28
social networking, 1
for finding potential employees, 8
problems from, 190
social security benefits, 124
Sodexho, 8
Spanish translation of handbook, maintaining, 38
Standard Occupational Classification System, 109
stock options, 117–118
of terminated employee, 221
substance abuse in workplace, 197–201
suggestion box, 75
surveys of employees, 76
suspension of employee, 209
tax breaks, for hiring applicants with specific characteristics, 19
telecommuting, 85
checklist, 258
telephone conversations of employees, listening to, 205
templates, see tools and templates
termination and discharge, 213–229
checklist, 264–265
discriminatory practices, 222
flexibility in offering benefits, 223–224
immediate, 216
job opening from, 4
post-termination compensation and benefits, 220–227
process, 214–220
reasons for, 215–216
vs. resignation request, 220
response to reference check after, 228
signed waiver or release, 225–227
timing for, 217
see also layoffs
theft, investigations of, 207
360-degree feedback, 61–62
time requirements, for hiring process, 2
tools and templates, 249–268
discrimination/sexual harassment formal complaint form, 259–261
employee handbook sample acknowledgment of receipt, 254
employment reference request, 268
Equal Employment Opportunity Commission, voluntary self-identification form, 262–263
exit interview questionnaire, 266–267
health plans sample comparison, 253
job applicant flow log, 251
performance management goals, 255
performance management system, focus group preparation, 256
preemployment telephone reference check, 252
questions to ask job candidates before scheduling interview, 250
self-evaluation, 257
telecommuting checklist, 258
termination checklist, 264–265
training, 89
in performance review process, 60–61
translation of handbook, maintaining, 38
tuition assistance, 151
unemployment insurance, 124–125, 224
contesting employee application for, 224–225
U.S. Salary Increase Survey, 110
vacation days, 132
payment for terminated employee, 220
validation of employee tests, 27
variable pay, 114–119
vested funds in 401(k) plan, 149
video surveillance, 206
videos, on workplace, 9
violence in workplace, 193–197
company preparation for, 197
warning signs, 194–196
vision, sharing with employees, 72
vision care benefits, 141
volunteering to work, 102
wage and hour laws, 98–100
administrative exemption, 100
computer-related occupations exemption, 101–102
executive exemption, 100
outside sales exemption, 101
professional exemption, 101
wage market data, 109
waivers
in layoff process, 244–245
signing by terminated employee, 225–227
Web resources, on salaries, 109
Web-based job postings, 1
Weddle’s Guide to Employment Sites on the Internet, 6
welfare-to-work programs, 19
Women’s Health and Cancer Rights Act of 1998, 135
work environment, 79
Worker Adjustment and Retraining Notification (WARN) Act, 240–242
workers compensation, 125–127
workforce reorganization, 231–248
acquisitions and mergers, 232–233
economic challenges, 234–235
layout considerations for remaining workers, 245–248
layout implementation, 242–245
layout planning, 235–242
work-life balance, 84–87
appropriateness of arrangements, 86–87
workplace
dishonesty in, 202–207
substance abuse in, 197–201
workplace violence, 193–197
company preparation for, 197
warning signs, 194–196
workweek, compressed, 86
written HR policies, 36
wrongful discharge claim, 225