Can Teachers Be Punished for School Walk-Outs?

Employment/human resources expert talks freedom of speech in the workplace

ClassroomIn the wake of numerous school walk-outs across the country, many students as well as teachers are facing potential consequences for their decision to express their beliefs about the Second Amendment. This begs the question: How much free speech is truly allowed in the workplace, and can you get in trouble for expressing anger about gun control or our President or anything in between?

Rob Wilson, President of Employco USA and H.R. expert says, “In today’s acrimonious political climate, an employee’s right to free speech is a very important topic. Managers around the country need to become aware of what speech is legally protected in the workplace and what steps they should take to tighten up policies regarding political discourse in the office.”

Here, Wilson outlines what employers and employees need to know:

  • Employees’ rights are quite limited. Wilson says, “Unless you work for a state or federal employer, you do not have legal protections when it comes to expressing your views. Whether you are pro-Trump or pro-gun control, if you work for a private employer, you are not promised the right to share your views without impunity.”
  • Few states make it illegal to discriminate against an employee based on their political affiliation. “Only a handful of states expressly state that employers are not allowed to discriminate based on an employee’s political views,” says Wilson. “And only two states make it illegal to discriminate against an employee’s ‘lawful conduct outside of work.’”

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New Study Warns: Young Female Employees Are the Biggest Targets for Workplace Bullies

Human resources expert explains how victims should confront workplace bullying

Workplace bullying is a sadly common issue that many employees face on a regular basis. And, some employees are at higher risk of workplace bullying than others. A recent online study led by James Cook University in Australia found that these risks for bullying include being young as well as being a woman.

“The researchers discovered that female employees are at a higher risk of being bullied, and the same is true for younger employees,” said Rob Wilson, human resources expert and President of Employco USA. “Sadly, simply for the ‘crime’ of being a woman or being young in the workplace can increase your risk of harassment while on the job.”

Other recent research bears out these findings, including a recent study performed by the University of Arizona which showed that female employees are targeted more with rude remarks and unkind behavior than male employees.

So how should employees address these situations and defuse workplace bullying?

“First, you need to change your thinking,” says Wilson, “It’s not your job to make a bully leave you alone. Your only job is to show up and perform the duties for which your boss hired you. While being firm and clear about your boundaries can help stop a bully, ultimately, some people are going to behave badly no matter what you do.”

So, Wilson says, go to H.R.—if you are fortunate enough to work for a company which is large enough to have one. “If that’s not a possibility, then go to someone in management whom you trust, whether it’s your company president or the person who helped mentor you when you first joined the firm.”

Some companies, such as those companies for which Employco offers support, have a firm which helps to handle H.R. issues, and in these cases there might be a 1-800 number which you can call.

“I find that our clients’ employees feel much more comfortable coming to us about bullying and other office harassment, instead of speaking to someone in their own company,” says Wilson. “They feel safer and the conversation feels more private and less biased. Creating a safe atmosphere for people to come forward is one of the best ways to help prevent workplace bullying.”

For more on this topic, please contact Rob Wilson at rwilson@thewilsoncompanies.com.

Why March Madness Costs Companies Billions Due to Employee Distraction and Poor Productivity

Employment trends expert explains these findings and suggests staff management techniques

March MadnessRecent statistics reveal that March Madness has become more popular than ever before, thanks in large part to the worldwide betting that takes place. Over 60 million people are expected to fill out brackets this year, with an estimated $10 million being put on the table. However, there is another cost which people may not expect: A downturn in employee productivity.

“March Madness can be a drain on a company’s time and resources,” says Rob Wilson, employment trends expert and President of Employco USA. “With millions of Americans filling out brackets and managing their bets, you can bet that employee productivity takes a hit during this time of year.”

In fact, research shows that lost wages caused by employee distraction and poor productivity during March Madness could amount to losses of up to $1.9 billion!

Wilson says, “Between filling out brackets, researching picks, watching the games and then calling in sick or skipping work due to game days or hangovers, you are looking at a sharp downturn in employee performance. Luckily there are some ways you can manage this common nationwide issue.”

Offer computers for personal use. “Make sure that you are keeping a close eye on your employees’ internet usage,” says Wilson. “Any time employees have free, unfettered access to the Web, you are going to be looking at a decrease in employee productivity. Here’s an alternative: Offer your employees 1-2 computers for personal use during their breaks. Make sure the computers are in a public area and have a sign-in sheet to ensure that everyone will get a fair chance to use the computers and that people do not use them for extended periods of time. That way, if anyone needs to check their personal email or use the Internet on their lunch break, they don’t need to use their official work computers.”

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Why Americans Quit Dressing up for Work

Employment trends expert explains why every day is now Casual Friday

Casual DressA recent U.K. study found that only 1 in 10 people now wear a business suit to work. Meanwhile, 3 out of 4 workers say that they ‘dress down’ every day.  And, 69% of the surveyed employees say that they are more concerned with dressing comfortably rather than dressing for success. Other recent studies on American sartorial choices also show that we are very guilty of eschewing suits and heels and instead reaching for yoga pants and comfy shoes when we dress for the office.

Rob Wilson, President of Employco USA and employment trends expert says, “I have seen this time and time again in my line of work. Casual Friday is no longer just a once-a-week affair…now it’s more common to see men wearing button down shirts and chinos rather than business suits, and women in leggings and tunics instead of blouses and skirts.”

What’s the reasoning behind this new casual dress trend, and should employers be concerned about this new lax style of dress?

“I think we can blame people like Steve Jobs and other tech moguls for the new casual dress trend. They proved that you don’t have to wear a business suit to make millions…you can wear jeans and a T-shirt and still be a CEO,” explains the employment solutions expert. “Additionally, the new remote-employee trend means that many workers are now Skyping into meetings or working half-days, so they are less likely to put on that power suit and instead just show up in their jeans and tee.”

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Podcast: Workplace Bullying

Rob, Scott, and Jason discuss bullying in the workplace; from its negative effect on a target to how you can respond as an employee or manager. They also provide some helpful tips employers can implement to aid in prevention.

This topic was selected from a listener’s suggestion on social media, thank you for the feedback!

Contact us with any questions you may have, we’re here to help: hr@employco.com

What Employers Need to Know About 2018 Marijuana Laws

H.R. expert explains what companies need to know about employees’ marijuana use  

Governor Scott just signed a bill making it legal to smoke marijuana recreationally in the state of Vermont. They join 8 states along with the District of Columbia which have adopted laws legalizing marijuana for recreational use. Many other states allow marijuana use in some form such as for medical purposes.

However, this raises a complicated issue for employers who want to regulate marijuana use around the workplace, without infringing on employees’ rights. How should employers proceed in 2018 in regards to the use of marijuana and marijuana intoxication on company grounds?

Rob Wilson, human resources and employment expert and President of Employco USA, says, “The federal government still classifies marijuana as a schedule 1 substance, which is the same class as heroin and ecstasy,” he says. “However, since many states now permit the use of marijuana, either medically or recreationally, this leads to very murky waters for employers, especially as some states prohibit the discrimination of employees with a medical marijuana card, while other states do not.”

So, what should an employer do to navigate this issue?

First, Wilson advises employers to get familiar with their state’s specific legislation. He also says, “If your employees are part of a collective bargaining unit, then it is likely that drug stipulations already exist, including specific limits for drug use. For example, in a recent case, an employee was found to be under the influence while on the job, but he claimed his medical marijuana card gave him permission to use while working. However, a drug test revealed that he was 10 times above his prescribed limit.”

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How to “ICE-Proof” Your Business

Employment expert explains how businesses can stay on the right side of immigration law

Last week, immigration officials descended on almost 100 7-Eleven stores in 17 states. They carried notices requiring owners of these establishments to produce hiring records for their employees within 3 days.

“These employment audits are part of President Donald Trump’s commitment to changing the face of immigration policy in this country,” says Rob Wilson, employment trends expert and President of Employco USA. “Businesses need to realize that this administration is taking immigration records very seriously, and if they fail to produce the proper paperwork when questioned, they could face fines or even criminal charges.”

Wilson says that states like California, Florida, Illinois, New Jersey, New York and Texas should be on special alert, as it is known that these are the states with the highest number of undocumented workers.

“President Trump is going to start by cracking down in places that are known to have a history of undocumented workers,” says Wilson. “And, he’s going to be tough on employers. Unlike past administrations which focused more on the workers themselves, Thomas Homan, acting director of Immigration and Customs Enforcement, promises a significant increase on work-site raids and he says that they will prosecute those who knowingly hire undocumented workers.”

The employment trends expert says that there are several things companies need to do in order to ensure that their businesses are “ICE-proof”:

  1. The most important step is to ensure that Forms I-9 are properly created when a worker is first hired. Form I-9 is used to verify the identity and ability of people to work in the United States. Staff should receive training to learn how to legally complete the form, inspect the person’s documents (e.g., driver’s license), and answer employee questions.
  2. Employers should also periodically coordinate Form I-9 self-audits to be conducted by a neutral and knowledgeable employee or vendor who is not part of the regular process. These audits will surface deficiencies with the actual Forms I-9 or the process itself.  If problems are discovered, the staff may need additional training.
  3. To complete the preparation, companies should also create inspection and raid day plans. Everyone from the receptionist to the HR personnel to the CEO should be ready for possible scenarios where ICE presents a criminal search warrant, administrative arrest warrant, or inspection notice. In some circumstances, the company can deny ICE immediate access to their private property and Forms I-9.

For more on this topic, please contact Rob Wilson at rwilson@thewilsoncompanies.com.