How To ... Choose an HR Consultant
Source: Long Island Business News

A human resources consulting firm can function as an extension of your company. But because your employees will associate the HR firm with your company, it's important to choose one whose corporate culture and values are similar to your own.

While large companies typically have a human resources department with individuals fulfilling specialized roles such as recruiting and hiring or benefits administration, small and mid-sized companies often can't afford a full staff with expertise in all of the necessary HR areas. Should these companies improperly handle an employee's dismissal or another sensitive matter, they may leave themselves open to a lawsuit.

A good HR consulting firm brings to the table the expertise to handle hiring, firing, employee reviews and other sensitive matters in a legally correct manner. The firm makes it its business to keep up with changing laws in areas such as workman's compensation and family medical leave - issues that do not arise very often for the typical company, but nonetheless must be expertly handled. Further, a good HR firm will know how to sensitively handle employee complaints.

Besides helping to eliminate your company's exposure, an HR firm can leave you and other top-level managers free to concentrate on core-business activities. For instance, rather than contacting, getting quotes and combing through the packages of numerous benefit providers, you can ask the HR firm to present a few finalists that will best meet your objectives.

If you're considering hiring an HR consultant, think first about what responsibilities you would like to delegate, then interview a few HR firms offering those services. Look for consulting firms with….. (for more information go to www.hrsolutions.com)

Drug Testing Alternatives Q&A

Q: We require all new hires to pass a drug screen prior to their
employment but do not test current employees. Recently, we have had
complaints that an employee is behaving erratically and has told others
she is using drugs. Can we require her to take another drug screen
now?

A: If you do not presently have a drug testing policy in place for
existing employees, most HR experts generally would not suggest
testing a lone or targeted employee for illegal drug use. As you probably
are aware, drug testing can lead to a variety of legal challenges based
on invasion of privacy, negligent testing, defamation, and other legal
claims. In addition, your state may regulate drug testing.

Accordingly, most experts agree that if you want to test employees, you
should have a policy in place prior to testing to help limit these potential
claims. As a general rule, testing should not be implemented in order to
deal with one problem employee.

Instead, you can use your normal performance and disciplinary policies
to deal with an employee you suspect of violating anti-drug rules or
whose performance seems impaired. Remember, if you suspect drug
use, you are not limited to the "smoking gun" of a positive drug test
before you can take disciplinary action.

A commonsense approach in these circumstances is to conduct a
thorough investigation into the suspected drug use, just as you would for
any other allegations of serious workplace misconduct. You should talk
to the complaining employees (separately) and get the facts about their
conversations or observations. Pertinent details to gather include the
time of the conversations, what exactly was said, any impaired behavior
observed such as slurred speech, difficulty walking, etc., and whether
any other employees heard the conversations.

Source: HR Matters Tips

Understanding Pay for Travel Time

The rules governing pay for travel time can be confusing and, at times,
even inconsistent and illogical. Basically, you must pay nonexempt
employees (those covered by the minimum wage and overtime
requirements of the Fair Labor Standards Act (FLSA)) for all time
considered "working time." Whether you count travel time as working
time depends on the kind of travel involved and when it occurs. The
FLSA regulations discuss the following seven travel scenarios in 29
C.F.R. งง785.33 – 785.41.

1. Home to Work, Ordinary Situations

Generally, the time a nonexempt employee spends commuting from
home to work is not considered working time and does not have to be
paid. According to the FLSA regulations, "an employee who travels from
home before his regular work day and returns to his home at the end of
the work day is engaged in ordinary home to work travel which is a
normal incident of employment. This is true whether he works at a fixed
location or at different job sites." Thus, normal travel from home to work
is not work time and, therefore, does not have to be paid.

2. Home to Work, Emergency Situations

During emergency situations, travel from home to work is work time. For
example, if an employee who has gone home after finishing the work day
subsequently is called out at night to travel a substantial distance to
perform an emergency job for one of his employer's customers, all that
travel time is working time that must be paid. However, the regulations
do not address whether an employee's travel to the job and back home
for an emergency call back to the regular place of business outside of
regular hours is working time.

3. Home to Work, Special Assignment

You must pay a nonexempt employee for all time spent traveling to a
seminar, training session, or work assignment that lasts for a day. You
also must pay for all time spent at the seminar, training session, or
working. The employee is considered to be on a special assignment
performed for the employer's benefit.

For example, if a nonexempt employee travels two hours to a seminar,
attends the seminar for eight hours, and then drives home for two hours,
you will have to pay for the eight hours at the seminar and the four hours
of travel time. However, you may deduct from the total working time the
employee's normal commute time and any meal period not spent
performing work or in the seminar.

4. Travel as Part of the Day's Work

Time an employee spends traveling as part of his principal activity, such
as travel from job site to job site during the workday, also must be
counted as hours worked and must be paid. In addition, if an employee
must report at a meeting place to receive instructions, perform other
work, or pick up certain items for work, the travel from the meeting place
to the work site also is part of the day's work and counts as hours
worked.

Source: HR Matters Tips