As of April 30, 2012, most private sector employers will be required to post a notice advising employees of their rights under the National Labor Relations Act. (The original effective date was postponed.) The notice should be posted in a conspicuous place, where other notifications of workplace rights and employer rules and policies are posted. Employers also should publish a link to the notice on an internal or external website if other personnel policies or workplace notices are posted there.

https://www.nlrb.gov/sites/default/files/documents/1562/employeerightsposter-8-5×11.pdf

New Federal Poster Requirement

The National Labor Relations Board has postponed the implementation date for its new notice-posting rule by more than two months in order to allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses.

The new effective date of the rule is Jan. 31, 2012.

The decision to extend the rollout period followed queries from businesses and trade organizations indicating uncertainty about which businesses fall under the Board’s jurisdiction, and was made in the interest of ensuring broad voluntary compliance. No other changes in the rule, or in the form or content of the notice, will be made.

Member Brian E. Hayes dissented from the adoption of the final rule. For this reason, he agrees with any postponement of the effective date of the rule.

Most private sector employers will be required to post the 11-by-17-inch notice, which is available at no cost from the NLRB through its website, either by downloading and printing or ordering a print by mail.

For further information about jurisdiction and posting requirements, please see our Frequently Asked Questions, which will be updated frequently as new questions arise. For questions that do not appear on the list, or to arrange for an NLRB presentation on the rule, please contact the agency at questions@nlrb.gov or 866-667-NLRB.

2012 Ohio Minimum Wage

Ohio’s minimum wage is set to increase by 30 cents to $7.70 an hour at the start of 2012.

Officials at the state Department of Commerce said Friday that the increase is part of a constitutional amendment voters approved in 2006, which says minimum wage will increase each year at the rate of inflation.

The $7.70 rate applies to workers 16 and older who don’t get tips. The wage for tipped employees will be $3.85, a 15 cent increase.

The wage will be required from employers who gross more than $283,000 annually, up from the current $271,000.

For employees at smaller companies, and for 14- and 15-year-old workers, the minimum wage is set to match the federal minimum wage, currently $7.25 per hour.

Harassment-Free Workplace

Harassment-Free Workplace- Prevention is the best tool to eliminate harassment in the workplace. Employers should clearly communicate to employees that harassment will not be tolerated. They can do so by providing harassment training to their employees and by establishing an effective complaint process and taking immediate and appropriate action when an employee complains.

Talking Points for Harassment-Free Workplace Training for All Employees

               In today’s diverse workforce, it’s more important than ever to talk about workplace environments that are professional, respectful and free from harassment.  This month we will talk about Skyline’s expectation of you in making our work environment safe, comfortable, and productive for everyone.

It’s about respect

               There is no doubt that disrespectful, unprofessional work environments have a profound negative effect on individuals, reducing your ability to be productive and causing a great deal of mental and emotional stress.

Examples of unprofessional behavior include

Teasing,  name calling , putting people down or making fun of others, practical jokes or telling inappropriate jokes;

Gossiping,

Bullying,

Arguing,

Swearing and profanity.

These behaviors are unacceptable and they cross the line because they are disrespectful; damage relationships; undermine teamwork and communication.  They could also escalate into illegal behaviors such as harassment or discrimination.

Behaviors that may be considered discrimination or harassment include spreading unfounded rumors about another person; making false statements about another person; making derogatory comments about another person.  They are unacceptable because they potentially injure someone’s reputation at work; defame someone’s character; disrupt the ability of employees to do their job.

We are committed to providing a work environment that is free from any form of harassment.  This includes harassment because of an employee’s sex, race, age, religion, national origin, disability or any other trait or characteristic protected by law.  Harassment of any type is not tolerated. 

Definition:  Harassment  Conduct or comments which are offensive or unwelcome to others. 

Examples of harassment include:

•  Comments that are unwelcome or make your co-workers uncomfortable.
•  Abusive words or phrases, slurs, or negative stereotyping.
•  Unwelcome physical touching.
•  Displaying offensive objects such as calendars, cartoons, posters, pictures, or unwanted communications such as phone calls, text messages, letters, and e-mails.

 Unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature.  No supervisor or .employee may threaten or insinuate that an employee’s or applicant’s refusal to submit to sexual advances will adversely affect that person’s employment, performance evaluation, wages, duties, shifts or any other condition of employment or career development (QUID PRO QUO).

Remember- you have the right to a positive work environment that is

— free from any type of discrimination

— free from sexual harassment

Each person within our organization is responsible for helping create a workplace so that all employees are comfortable and have the opportunity to work to their fullest potential.  Any employee who feels he or she is a victim of harassment, sexual or otherwise should bring the matter to the immediate attention of their supervisor, or _________________.

All allegations of harassment will be taken seriously and investigated in a prompt and as confidential a manner as possible.

Furthermore, if a complaint is substantiated, immediate, appropriate corrective action will be taken. You should be reassured that there will be no retaliation or reprisal for having instituted the complaint.

True or False

Any Skyline employee who engages in or knowingly condones unprofessional, disrespectful or harassing behaviors related to employment is subject to disciplinary action up to and including dismissal.

The answer is TRUE

Skyline Chili is committed to providing a work environment that is free from any form of harassment.  This includes harassment because of an employee’s sex, race, age, religion, national origin, disability or any other trait or characteristic protected by law.  Harassment of any type is not tolerated. 

Definition:  Harassment  Conduct or comments which are offensive or unwelcome to others. 

Examples of harassment include:

•  Comments that are unwelcome or make your co-workers uncomfortable.
•  Abusive words or phrases, slurs, or negative stereotyping.
•  Unwelcome physical touching.
•  Displaying offensive objects such as calendars, cartoons, posters, pictures, or unwanted communications such as phone calls, text messages, letters, and e-mails.
•  Unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature.  No supervisor or .employee may threaten or insinuate that another’s employee’s or applicant’s refusal to submit to sexual advances will adversely affect that person’s employment, performance evaluation, wages, duties, shifts or any other condition of employment or career development (QUID PRO QUO).

True or False

If your intentions are good, your behavior cannot be considered unprofessional, disrespectful or harassing.

False- A harasser’s intent is irrelevant.

True or False

If you ignore harassing behavior, it will ultimately stop or go away.

False.  Harassment must be dealt with immediately. 

True or False

Telling someone that his or her behavior is unwanted or offensive is an important first step in stopping harassment.

True- Telling someone that his or her behavior is unwanted or offensive is an important first step in stopping harassment.

True or False

Asking a co-worker for a date is not harassment.

True.  Asking a co-worker for a date is not harassment.  However, if you repeat the behavior after being told that your attention is unwanted, it could be considered or become harassment.

True or False

Federal law prohibits any form of retaliation against an employee who complains of harassment or who cooperates in the investigation o f a harassment complaint.

True.  The law prohibits any form of retaliation against an employee who complains of harassment or who cooperates in the investigation of a harassment complaint.

Safety and OSHA compliance

Topic:  OSHA Compliance

Audience:  Skyline Chili Restaurant Owners/Operators/Managers

As a business owner/operator you are subject to standards set by OSHA, the Occupational Safety and Health Administration.  The following provides information to help you remain in compliance with several of the OSHA standards that are applicable to restaurants.  A link is provided for more information or for hand-outs and training material for your employees.  Remember, any OSHA training should be documented (employee sign-off sheet) and kept for 5 years.  OSHA will require you to produce these training documents should they come on-site or respond to a complaint.

Hazard Communication 

• If chemicals are used, employers need to implement a written program to provide for worker training, warning labels and access to Material Safety Data Sheets (MSDS).

• Training must teach employee awareness of the hazardous chemicals they are exposed to in the workplace and how to prevent exposure.
• Provide Material Safety Data Sheets for any hazardous chemicals that are used in the workplace.

• Provide appropriate Personal Protective Equipment (PPE) such as, gloves, goggles, and splash aprons for employees who handle hazardous chemicals including dishwashing detergents, pesticides, etc
• Provide suitable facilities for quick drenching or flushing of the eyes and body if exposure to injurious corrosive material is possible.

For more information go to:  http://www.osha.gov/SLTC/youth/restaurant/cleanup_haz.html

Slips/Trips/Falls

• Keep floors clean and dry.
• Provide warning signs for wet floor areas
• Keep aisles and passageways clear and tiles or carpet in good repair, with no obstruction across aisles that could create a trip hazard. 

For more information go to:  http://www.osha.gov/SLTC/youth/restaurant/slips_serving.html

Cuts and Burns 

• Use appropriate hand protection when hands are exposed to hazards such as cuts, lacerations, and thermal burns. Use oven mitts or pot holders when handling hot items, and steel mesh or Kevlar gloves when cutting.

For more information go to:  http://www.osha.gov/SLTC/youth/restaurant/cleanup_cuts.html

Electrical Safety

• Ensure that all electrical outlets near sources of water are properly grounded.
• Remove from service all damaged receptacles and portable electrical equipment
• Keep aisles and passageways clear and in good repair, with no obstruction across or in aisles that could create a hazard. Provide floor plugs or ceiling plugs for equipment so power cords need not run across pathways.

For more information go to: http://www.osha.gov/SLTC/youth/restaurant/cleanup.html

Fryers

 Remember: Child Labor Laws do not permit employees younger than 16 to cook, except at soda fountains, lunch counters, snack bars, and cafeteria serving counters.

For more information go to:  http://www.osha.gov/SLTC/youth/restaurant/cooking.html

 

Fire Protection

• A fire is the most common type of emergency for which small businesses, such as restaurants must plan. A critical decision when planning is whether or not employees should fight a small fire with a portable fire extinguisher or simply evacuate. Portable fire extinguishers must only be used if the PROPER TRAINING has been provided, if it can be done SAFELY and only after sounding an alarm, summoning the fire department, and activating the fixed fire suppression system.
• Keep exits free from obstruction. Access to exits must remain clear of obstructions at all times

  For more information go to: http://www.osha.gov/SLTC/youth/restaurant/cooking_fire.html

Food Prep: Cheese Shredder

 

Remember: Child Labor Laws do not permit employees younger than 18 to operate, set up, adjust, clean, oil, or repair power-driven equipment such as cheese shredders.

DOL sticker to be placed on equipment young workers are not allowed to operate

For more information go to: http://www.osha.gov/SLTC/youth/restaurant/foodprep.html

 

Remember: Child Labor Laws do not permit employees younger than 18 to operate, set up, adjust, clean, oil, or repair power-driven equipment such as cheese shredders.

DOL sticker to be placed on equipment young workers are not allowed to operate

For more information go to: http://www.osha.gov/SLTC/youth/restaurant/foodprep.html

Minor Labor Laws/Posters

Minor Labor Laws

Federal and State rules limit the hours minors can work and the types of jobs they can work.  Below are links to Federal and State laws.

Federal

http://www.dol.gov/whd/regs/compliance/whdfs2a.htm

Ohio

http://198.234.41.198/w3/webwh.nsf/allbykey/0A2CC2509843265A852566180051AF2E

Kentucky

http://www.labor.ky.gov/ows/employmentstandards/childlaborlaw/

Indiana

http://www.in.gov/dol/childlabor.htm

Florida

http://www.myfloridalicense.com/dbpr/reg/childlabor/index.html

I-9 and File Audits

Topic:  File Audits and I-9’s

Audience:  Restaurant Owners/Operators/Managers

As a restaurant owner you collect personal information on each employee, therefore, it is important to keep organized personnel files. Maintaining separate files for specific employment record keeping is crucial.  A compliant filing system could be structured like this: Separate files for the following documents:

Personnel Files:  Essential Forms

• Employment Application
• Basic employment data, such as the W-4, State withholding tax forms
• Minor wage agreement and minor work permit (if applicable)
•             Federal Law requires proof of age up to age 19.  Therefore, for employees under the age of 19, keep a copy of a birth certificate, baptismal record or work permit to satisfy federal law.

 

For more information follow the link below:

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=48d6ee3b99d3b3a97b1bf189e1757786&rgn=div5&view=text&node=29:3.1.1.1.30&idno=29#29:3.1.1.1.30.2.121.1

Personnel Files:  Important and Acceptable Documentation to Keep in a Personnel File:

• Performance evaluations
• Job description- signed acknowledgement of receipt by employee
• Signed acknowledgments of policies, handbooks, etc..
• Employment status changes
• Performance management, including disciplinary notices, awards or recognition letters
• Termination documentation, such as a resignation letter

Medical File:

All medical information on any employee should be kept in a separate file and only accessible to those that must have access to this information. The type of medical information that should be kept in a medical file includes any Workers’ Compensation information, Family and Medical Leave Act forms, Leaves of Absence forms, and the Americans with Disabilities Act information.

I-9 File

Additionally, the I-9 Form should be filed alphabetically and kept in a completely separate file from the medical or personnel file.

I-9’s

To comply with the law, employers must verify the identity and employment authorization of each person they hire, and complete and retain a Form I-9, Employment Eligibility Verification, for each employee.  Audit your I-9’s to ensure you have one completed for every employee.

I-9’s:  As an employer you must:

• You are responsible for reviewing and ensuring that your employee fully and properly completes Section 1.
• Review the employee’s document(s) and fully complete Section 2 of Form I-9 within three business days of the first day of work for pay.
  • The employee must present to you an original, unexpired document(s).
  • The employee must be allowed to choose which document(s) he or she wants to present from the Lists of Acceptable Documents on the last page of Form I-9. 
  • You must examine one document from List A, or one from List B AND one from List C.
  • Record the title, issuing authority, number, and expiration date (if any) of the document(s); fill in the date employment begins and correct information in the certification block; and sign and date Form I-9.
  • If you choose to make copies of documents your employee presents, you must do so for all employees, regardless of national origin or citizenship status.  Return the original documents to your employee when you are finished.

 

Download the most recent 1-9 Form (Expires 8/31/12)

http://www.uscis.gov/files/form/i-9.pdf

Handbook for Employers.  Provides step by step instructions for completing an I-9.

http://www.uscis.gov/files/form/m-274.pdf

I-9’s for terminated employees

Employers must retain an employee’s completed Form I-9 for as long as the individual works for the employer. Once the individual’s employment has terminated, the employer must determine how long after termination the Form I-9 must be retained, which is either three years after the date of hire, or one year after the date employment is terminated, whichever is later. Forms I-9 can be retained either on paper or microform, or electronically

Retention Calculator:

1.  Enter date employee started work: ________________________ Add 3 years to Line 1 A. ________________

2. Termination date: ________________________ Add 1 year to Line 2 B. ________________

Which date is later: A or B? Enter later date here. C. ________________

 Store Form I-9 until this date:

2011 Required Federal and State Posters

Topic:  Required Federal and State Posters

Audience:  Restaurant Owners/Operators/Managers

There are a number of State and Federal posters that are required to be posted in your restaurant.  You may receive letters with official looking envelopes stating you must buy your posters from them.  You don’t have to buy them. They are available free from the state and federal agencies that require them.  Some restaurants do purchases the all-in one (or 5-in1) posters.  These labor law posters provide you with the state, federal and OSHA compliance posters generally required for all businesses in your state.  Purchasing these posters is an alternative to the free posters you can download.

Complete the checklist for Federal Posters and the Posters required by your State.  These posters must be placed in a conspicuous place in your restaurant where employees can readily see them.  There is a website link associated with each required poster.

Required Federal Posters

	Poster	Most Recent Version	Link to website to obtain free poster
	Employee Rights Under the Fair Labor Standards	July 2009	http://www.dol.gov/whd/regs/compliance/posters/minwage.pdf
	Employee Polygraph Protection Act	June 2003	http://www.dol.gov/ofccp/regs/compliance/posters/pdf/eppabw.pdf
	Equal Employment Opportunity	Nov 2009	http://www.dol.gov/ofccp/regs/compliance/posters/pdf/eeopost.pdf
	FMLA	Jan 2009	http://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf
	USERRA	Oct 2008	http://www.dol.gov/vets/programs/userra/userra_private.pdf
	OSHA		http://www.osha.gov/Publications/osha3165.pdf

 

OHIO

	Poster	Most Recent Version	Link to website to obtain free poster
	Ohio Min Wage	1/14/11	http://www.com.ohio.gov/laws/docs/laws_MinimumWagePoster2011.pdf
	Ohio Minor Labor Laws	1/14/11	http://www.com.ohio.gov/laws/docs/laws_mllposter.pdf
	Ohio Fair Employment Practices	April 2007	http://www.dot.state.oh.us/Divisions/EqualOpportunity/DBE/PW_Ohio_Fair_Employment_OCRC.pdf
	Unemployment Compensation	Feb 2009	http://www.odjfs.state.oh.us/forms/file.asp?id=54879
	Ohio Workers’ Comp		Certificate and reprint state-funded at www.ohiobwc.com

 

Kentucky

	Poster	Most Recent Version	Link to website to obtain free poster
	Kentucky Wage and Hour		http://www.labor.ky.gov/NR/rdonlyres/CE6C7FF3-8327-4D61-B853-B62F4C8C85CA/0/WageandHourLaws.pdf
	Wage Discrimination because of sex		http://www.labor.ky.gov/NR/rdonlyres/CBE95D7A-B5E6-4AA2-83F8-77975B205F0E/0/SexDescriminationLaws.pdf
	Kentucky Child Labor Laws		http://www.labor.ky.gov/NR/rdonlyres/2D5E139F-FF37-4D13-8D8E-BC826F21364A/0/KYChildLabor.pdf
	Kentucky Unemployment Benefits	8/07	http://www.oet.ky.gov/des/pubs/ui/ui_ben5_1_0108.pdf
	Kentucky Safety and Health on the Job		http://www.labor.ky.gov/NR/rdonlyres/F4313856-15F5-4031-A2A5-D600B4EFE63F/0/KYOSHPosterLaborCabinet.pdf
	Kentucky Equal Employment Opportunity		http://kchr.ky.gov/NR/rdonlyres/09A F37A8-D60E-491D-9CAF-29C901A07A5E/0/EEOPoster.pdf
	Kentucky Public Accommodation		http://kchr.ky.gov/NR/rdonlyres/30049325-153F-486D-8B70-39756A99B08C/0/PublicAccommodation.pdf

 

Indiana

	Poster	Most Recent Version	Link to website to obtain free poster
	Indiana Min Wage	2009	http://www.in.gov/dol/files/Indiana_2009_Minimum_Wage.pdf
	Indiana Safety and Health (IOSHA)		http://www.in.gov/dol/files/8.5_X_14_IOSHA_Poster.pdf
	Teen Worker Restrictions		http://www.in.gov/dol/files/Teen_Work_Hour_Restrictions_Poster_7-7-2009.pdf
	Workers’ Compensation		http://www.in.gov/wcb/2371.htm
	Unemployment	2/07	http://www.in.gov/dwd/files/English_UI_poster(2).pdf
	Fair Employment Poster	2/1/04	http://www.in.gov/dwd/files/equalopportunityenglish.pdf

 

Florida

	Poster	Most Recent Version	Link to website to obtain free poster
	Florida min. wage	2011	http://www.floridajobs.org/workforce/posters.html
	Florida Discrimination		http://fchr.state.fl.us/fchr/content/download/5246/26208/file/Discrimination%20Poster%2011×17.pdf
	Florida EEO		http://fchr.state.fl.us/fchr/content/download/6195/33323/file/2010%20EEOC%20Poster%20English%20pdf.pdf
	Florida Unemployment	10/05	http://dor.myflorida.com/dor/forms/2005/uct83.pdf
	Florida child labor laws		http://www.myfloridalicense.com/dbpr/reg/childlabor/documents/childlaborposter0709.pdf
	Workers’ Comp		http://www.floridajobs.org/PDG/PostersforEmployers/BrokenArmPoster.pdf

Free Webinar: Using Social Media to Engage Employees

  Not sure how to use new media to get the response you want from your employees?  Are you looking for new communciation tools to supplement your traditional ones?  This one hour webinar will begin with an overview of what social media ia– and how it can be used effectively in your day-to-day communication functions.  The session highlights social media frequently used (blogs, internet, Twitter, Yammer, Facebook and more) and how to get started.

Presenter:  Vanderhorst Consulting, Inc. and USI/Midwest.  Cost:  Free

  Register at:       http://cincinnati.usi.biz/event2.htm

Free HR Seminar – Electronic Media in the Workplace: Twitter, Facebook, and YouTube … Oh My!

March 4, 2010 – First Thursdays Seminars Series Electronic Media in the Workplace: Twitter, Facebook, and YouTube … Oh My!

Speakers: Darlene Mack, MA, SPHR, CEO, HR Partners International and Jeff Shoskin, Employment Law Attorney, Frost Brown Todd

Human Resources Certificate Institute (HRCI) Credit: 1.5 General Hours approved

Electronic Media has fundamentally changed the workplace. Anything and everything that occurs in the workplace is fair game to be broadcast instantly to everyone, everywhere – and read/watched repeatedly. Viral – not just for personal illness anymore… Join us for a frank and informative discussion on the use and warnings of such devices in the workplace, and indeed, even when your employees are off the clock . Implications are far-reaching, and legislation is never far behind. Legal Considerations • How Electronic Media is Impacting the Workplace • Controlling Use of Electronic Media by Employees • View from the Supervisor and Employee • Evolution of Policies as they try to keep up with developing media • Best Practices Advice – Recommendations for Employers • Review of Recent Court Cases – employers who reacted effectively to in dealing with Electronic Media, and those who did not Human Resources • The Role of HR with company electronic media use in recruiting and selection, team building, etc. • Employment Policies – sample policies for employee handbooks • Links to any required posters, etc

Brought to you in conjunction with our valued partners at: & 10:30 -– 11:00 Arrive and Register 11:00 –- 1:00

Program Location: Hamilton County Business Center (HCBC), Room 160 For more information or to register, email us at FirstThursdays@HRPIInc.com