ASBDC PROGRAM ABSTRACTS THURSDAY, OCTOBER 2 Time: 9:00 am - 12:30 pm Level/Category: ADVANCED - Management Session ID: 205 3 hours Employment Trends: What You and Your Small Businesses Need to Know Peg Callahan UTSA South-West Texas Border Region SBDC ABSTRACT This seminar will be an interactive case study based program that will address three areas: What today s employee handbooks need to emphasize Best practices for fair and legal hiring and rightful termination The 21st Century workplace - flextime, telecommuting, health insurance for small businesses, commuting, stress and violence in the workplace, 24/7, Quality of life. The seminar will build from a base of policies and practices to address some of the more complex and timely issues any business with employees faces in today s complicated global economy. GOALS 1. To update basic knowledge of personnel policies and practices 2. To create awareness of trends in employment law, regulations and practices that small business will need to address if they are to stay competitive. 3. To engage in lively discussion so participants can analyze the issues and develop strategies to address them. OUTCOMES / IMPACT 1. Participants will know how to advise their clients on developing or updating personnel policies and handbooks 2. Participants will be able to advise their clients on the fair and legal way to hire and terminate employees 3. Participants will be able to advise their clients on employment trends and issues that will affect their business and their competitiveness. Bio Peg Callahan Peg Callahan is a Certified Professional in Human Resources (PHR). She currently is responsible for managing the Human Capital program for the South-West Texas Small Business Development Center. The Human Capital program addresses a wide variety of human resource issues, including drug-free workplace, OSHA regulations, safety
ASBDC PROGRAM ABSTRACTS THURSDAY, OCTOBER 2 training, workers compensation, employment policies and practices through training, counseling and research. Previously, Ms. Callahan managed the Smart Jobs program, an SBDC contract with the Texas Department of Economic Development to provide marketing and technical assistance to small businesses applying to the state to receive financial assistance in training their workforce. The project was successful in assisting over 100 businesses in receiving over three million dollars in training assistance in 18 months. Ms. Callahan is the former owner of two small businesses specializing technology based training programs for business, industry and education.
Employment Trends What You and Your Small Business Clients Should Know Peg Callahan, PHR Director, Human Capital Program Institute for Economic Development University of Texas at San Antonio South West Texas Border Small Business Development Center San Antonio, TX Disclaimer The UTSA Small Business Development Center prepared this information as a public service. It is not designed as a substitute for legal advice, nor is it a comprehensive statement of the law. Agenda Updating Employee Handbooks Best Practices for Hiring, Retention and Rightful Termination The 21 st Century Workplace 1
Introductions Name and SBDC Affiliate Types of Clients Years of Experience as Counselor/With HR Issues What You Would Like Out of This Workshop Personnel Policies and Employee Handbooks What is the difference between personnel policies and employee handbook? Personnel Policies All inclusive Detailed and procedural Used as a guide for supervisors 2
Employee Handbook Major areas specified Designed to be brief but specific Designed to be clear & concise To be read & signed by all Group Exercise Components of Employee Handbook Introduction Federal Workforce Regulations House Policies 3
Important Federally Regulated Issues to Consider Equal Employment Opportunity Title VII Code of Conduct Sarbane Oxly Harassment EEOC Title VII Safety OSHA/EPA Violence OSHA/EEOC Title VII Personnel Records Military Leave ADA ADEA House Policies Employer Expectations Communications Policy Employment Rules Corrective Action/Discipline Policy Substance Abuse/Smoking Policy- www.dfwp.org Company Property Use of Company Vehicle Use of Electronic Devises Employment and Termination Process Employee Expectations Classification of Employees Compensation and overtime (FLSA) Payroll Procedures Time Records Deduction from Pay Health Insurance Garnishment and Levies Final Wages 4
Employee Expectations Vacation Sick Leave Holidays Jury Duty Personal Leave of Absence Absence from Work Discussion PTO Paid Time Off Administrative Issues Employee Discounts Office Hours Parking Amendments of Handbook Summary Written Policies Projects professionalism in business Provides a roadmap for owners and employees to Follow Provides a management and communications tool Saves money reduction in unemployment and workers compensation rates Helps avoid law suits 5
Best Practices for Hiring, Retention and Rightful Termination Hiring Process Retention Rightful Termination Legal and Fair Hiring Process Skill and Experience-based Hiring Consistent, Company-wide Practices Minimize Unemployment Claims and Ratings Through Documented Procedures Importance of Job Descriptions Job Descriptions Define the Employment Relationship 6
Job Descriptions Summary of Duties & Responsibilities (Tasks) Essential Functions Supervisory Responsibility Required Skills - Physical Requirements Experience Necessary for Job Education Requirements Work Environment-Physical Surroundings Reporting Structure Job Description Exercise Create job description for computer maintenance worker Discussion Resources: Descriptions Now KnowledgePoint Software State Workforce Commissions Occupational Profile SBDC National Information Clearing House http:sbdcnet.utsa.edu 7
Employment Application & Process Insure application does not create a contract, expressed or implied Can you ask: What is your date of birth? Have you ever been arrested? What arrangements have you made for child care Resume is not a substitute for application Suggestions for Legal Interviewing Identify objective job criteria Specify decision making criteria to be used Provide multiple levels of review, especially for difficult decisions Use structured interviews, asking same questions for all Record keeping interviewing forms 80/20 rule Background Checks Get a signed release form and follow through with all appropriate checks Types of checks Reference Criminal record Drivers record Credit reports Education verification Practice due diligence 8
Retention Implement Organizational Culture Orient Mentor Train Develop Reward Retain What happens if? Case Study Progressive Discipline Probation vs. introductory period Feed back and corrective action Counseling Verbal warning Written warning (1-3), witnessed Suspension without pay Termination 9
Remember in Employee Relations No Good Deed Goes Unpunished The 21 st Century Workplace The Hot Issues FLSA HIPPA Health Insurance for Small Businesses The 21 st Century Workplace FLSA 1936 Established wage and hour regulations Minimum wage Overtime exempt, non exempt Child labor laws Record keeping 10
The 21 st Century Workplace FLSA 2003 Proposed Changes Exempt status increased from $155/wk to $425/wk - $22,100 Long and short tests no longer exist Rules on deductions will change slightly Minimum wage stays the same Discussion Case study 21 st Century Workplace Health Insurance Portability and Accountability Act (HIPAA) What is it? Who does it effect? When does it go into effect for small businesses? How to guide your small business Clients Health Insurance for Small Businesses Association Health Plans Benefits Challenges State Plans Individual Association Plans 11
21 st Century Workplace Other Hot Issues Telecommuting Flextime Stress, violence and security in the workplace Comp time for private business workers Quality of life issues Thank You Peg Callahan, PHR UTSA Small Business Development Center Human Capital Program 501 W. Durango DB 3.120 San Antonio, Texas 78205 (210) 458-2430 pcallahan@utsa.edu www.iedtexas.org www.humancapitalsolution.org 12