7 HR technologies for managing the employee lifecycle

Employees are the foundation of any company, that's no secret, which is why many organizations consider their workforce its most valuable resource. That being said, often the best results come when great workforces are provided with great technology. Read this blog post for seven HR technologies that help manage the employee lifecycle.


It’s no secret employees are the foundation of any company: Without them, products can’t be made, services can’t be provided and customers can’t be satisfied.

That’s why an organization’s workforce is often considered its most valuable resource — because while great people can overcome a lack of process or technology, it’s much harder to forego having great people in place. Still, the best results come when great people are provided great technology and supported by great processes.

But the constant flow of employees in and out of an organization can make effectively and efficiently managing the support needed at each stage of the employee lifecycle a difficult task for employers and human resources teams. Luckily, these HR technologies can help with managing the employee lifecycle.

Applicant tracking system

An applicant tracking system is an online platform that simplifies and streamlines the entire recruitment process — from sourcing to selection — by allowing recruiters and hiring managers to seamlessly direct every stage of the process all from one electronic system, eliminating the never-ending paper chase of traditional recruiting. Every ATS is different, but most will include access to an online resume database, automated hiring workflows, communication capabilities and reporting tools.

Onboarding

Half of all new workers leave their jobs within the first 90 days of employment. Organizations with successful onboarding programs, however, have significantly better new hire retention rates.

A big component of a successful onboarding program is removing the hassle of all that tedious paperwork employees have to complete. The first day on the job is already stressful enough for a new hire without the added inconvenience of required employment paperwork. Investing in an online employee onboarding technology platform allows employees to complete the majority of this paperwork (like W-4s, direct deposit authorizations, I-9 forms and other consent forms) well before their first day. Electronic employee onboarding programs also reduce paper costs while minimizing the possibility of errors by providing new hires online access to all necessary employment forms so they can easily review, complete, sign and submit their forms within minutes.

Benefits enrollment

Switching from a paper-based benefits enrollment process to an online enrollment process comes with a wide array of advantages. Not only does an online benefits enrollment process save time, but it also gives employees the time and independence to make their own elections, and helps reduce costly mistakes and errors.

Time and attendance

Online time and attendance platforms not only reduce errors and help managers keep track of days of requests, they also are vastly more efficient for employees to use than paper-based timekeeping systems. (Along with some other really great advantages.)

Payroll processing

Payroll is one of the biggest line items in an organization’s budget. Processing payroll also can be one of the most time-consuming aspects of an organization’s HR functions, and when it’s not done right it can also be the source of some serious employee complaints.

Payroll technology platforms help minimize the potential for errors, and can greatly reduce the time it takes to process a payroll.

eLearning/learning management systems

With the “skills gap” widening as older employees exit the workforce faster than new employees can fill their shoes, employee development initiatives and corporate training programs have become a priority not only amongst large employers, but small and mid-size businesses as well.

Online learning management systems provide employers with convenient options to help train and develop their workforce’s skills and abilities.

Performance management

As with many employee management functions, employers are now taking advantage of online HR technology platforms that allow them to more efficiently streamline the performance management process. In many cases, an online performance management tool allows employers to more effectively evaluate and record employee performance, as well as providing a place for managers and employees alike to keep track of organizational and personal performance goals, record journal entries and maintain an ongoing performance record. These platforms tend to be more popular among larger organizations, mostly because small and medium-sized businesses often feel the price is prohibitive unless they can access discounted rates through an HR outsourcing provider.

SOURCE: Grijalva, A. (5 June 2019) "7 HR technologies for managing the employee lifecycle" (Web Blog Post). Retrieved from https://www.benefitnews.com/list/hr-technology-for-managing-the-employee-lifecycle


What HR can do about the measles — and what it can't

According to the Centers for Disease Control and Prevention (CDC), measles has been confirmed in 26 states since the beginning of 2019, affecting not only schools, medical facilities and public areas, but also the workplace. Continue reading to learn more.


After decades of near-eradication in the U.S., measles is making a comeback. Its return affects not only schools, medical facilities and public areas, but also the workplace.

As of May 24th, there were 535 confirmed cases of measles in Brooklyn and Queens since September, according to the New York City Department of Health and Mental Hygiene. On the other side of the country, the Los Angeles Times recently reported a confirmed case of measles linked to Google's Mountain View campus.

Measles has been confirmed in 26 states since the start of 2019, as of May 24, according to the Centers for Disease Control and Prevention (CDC) — the greatest number of cases reported in the U.S. since 1994; measles was actually declared eliminated in 2000.

Given that measles is "very contagious" and can lead to serious health complications, HR needs to know how to keep employees safe while at the same time remaining in compliance with all applicable health privacy and anti-discrimination laws.

Measles transmission and symptoms

"Measles spreads when a person infected with the measles virus breathes, coughs, or sneezes," said Martha Sharan, Public Affairs Specialist at the CDC, speaking to HR Dive via email. "It is very contagious. You can catch measles just by being in a room where a person with measles has been, up to two hours after that person is gone. And you can catch measles from an infected person even before they have a measles rash."

In addition to a fever that can get high, Sharan said, other possible symptoms include cough, runny nose, and red eyes; a rash of tiny red spots that starts at the head and spreads to the rest of the body; diarrhea; and an ear infection.

Can employers require vaccinations?

In general, requiring employees to get vaccinated is a legally risky proposition for employers; there are some limited exceptions for employers in the healthcare field.

However, many employers — particularly those in the healthcare field — are "starting to be a little more aggressive in terms of asking employees whether they have been vaccinated as the [measles] outbreak continues and in some cases continues to grow," according to attorney Bradford T. Hammock, a shareholder at Littler Mendelson P.C.

"Employers must be very careful about these types of inquiries, but some healthcare employers have made the determination that this is permissible under the [Americans with Disabilities Act] as job-related and consistent with business necessity," Hammock said. He added that employers must also be aware of state and local considerations.

Steve Wojcik, VP of public policy at the National Business Group on Health, said the current concern about measles provides employers with an excellent opportunity to communicate the importance of vaccines and immunizations generally. "Remind employees that the measles vaccine is free, essentially, with no cost-sharing as it is one of the preventive services under the Affordable Care Act. It's a good reminder about preventive services in general."

Wojcik added that employers should encourage employees to check their specific vaccination records to confirm not only that they have received the measles vaccine, but that they have been effectively vaccinated. "Depending on age and when you were vaccinated, some early vaccines may not have been as effective as once thought," he said. Wojcik said that employees born in or before 1956 are assumed to have been exposed to the measles at some point and have some natural immunity, but in the early 1960s, the measles vaccine was "not so good," he said. "It's not as simple as flu or other vaccines."

If your workplace has been exposed

Whatever you do, "be incredibly careful about privacy," said attorney Carolyn D. Richmond, a partner at Fox Rothschild LLP. "Don't go announcing that 'Joe Smith has measles!'" Instead, Richmond advised, "call the local department of health first and find out what they have to say. Every jurisdiction has little tweaks that may affect reporting."

While you can send out a notice to employees stating they may have been exposed to measles, "again, be super careful and don't hint who it might be," she cautioned. "Your local health department will be able to tell you what you can say."

Get your leave policies in order

"Those sick with measles should stay at home for at least four days after developing the rash," said Sharan. "Staying home is an important way to not spread measles to other people. They should talk to their doctor to discuss when it is safe to resume contact with other people."

Wojcik recommended working from home and flexible work arrangements for employees who may have been exposed, particularly those who live in (or have traveled to) areas with known outbreaks. Richmond also suggested providing PTO or work-from-home arrangements for employees who have not been vaccinated or who are immunocompromised.

"We assume that those with measles will absent themselves from the workplace, and an employee with measles may be out for a number of days or longer. Follow your policies and practices with return to work," Richmond told HR Dive in an interview.

Stay in touch with your local health department and the CDC

"Continue to be in contact with your local health department, and follow along with the CDC in terms of guidance," advised Hammock. "Depending on the status of the measles outbreak in your particular area, the analysis may be different."

Richmond concurred. "Contact your local health department and your local counsel — and contact your local health department first. The bottom line is privacy, privacy, privacy."

SOURCE: Carsen, J. (29 May 2019) "What HR can do about the measles — and what it can't" (Web Blog Post). Retrieved from https://www.hrdive.com/news/what-hr-can-do-about-the-measles-and-what-it-cant/555219/


Photography by American Advisors Group Via Flickr: Retirement Calendar Retirement Date When using this image please provide photo credit (link) to: www.aag.com per these terms: www.aag.com/retirement-reverse-mortgage-pictures

Considering Retirement But Getting Cold Feet?

Are you nearing retirement age but getting cold feet about retiring? Many consider their financial state when deciding when they should retire but there are some other factors you should take into account. Read this blog post from SHRM for factors to consider when deciding the timing of retirement.


I’ve been with the same company for the last 15 years and I’m nearing early retirement age. I always assumed I would welcome this but - like a dog finally catching that car it’s been chasing for years- now that the time has come, I'm getting cold feet. I feel like I’m financially ready, but my gut is telling me “Don’t do it yet”. My employer is supportive either way, although I sense some colleagues would welcome the promotion opportunities that would open up when I leave. What factors should I consider when deciding the timing of retirement?

Many people base their decision to retire solely on the state of their finances. If this isn’t a factor in your decision, congratulations, you’re among the lucky few. So, let’s consider the other factors.

First, I would promptly set aside whether your coworkers want you to hurry-up-and-retire-already for their own career opportunities. That’s understandable but I would not let that weigh heavily –if at all- in your decision.

Second, I would concentrate on what your gut is telling you. I believe in following one’s gut, but not blindly. For me, gut feelings are flags for things that should be examined. It’s your mind and body letting you know, “hey, you should pay attention to this”, dig on this spot, explore where these feelings are coming from and where they point to.

For example, you could be over identified with your professional-self and your personal-self may feel vulnerable without having a professional role.  This is especially true if you have a fancy title or you think you’re somebody.  It can be unsettling to become just one more retiree ordering the early bird special.

So, what’s the antidote?

Well, you should have the first year of your retirement life planned out as carefully as you’d plan a mid-career hiatus. Consider: Where you’re going to go everyday; who you’re going to hang with; what hobbies you’re going to pick up; which boards you’ll volunteer for; what causes you’ll join; what you’re going to wear and what schedule you’re going to keep.

I think once you have a clear picture of “who” and “what” you are going to be when you retire, perhaps your gut will feel more comfortable and instead of telling you “Don’t do it yet” it may tell you “What are you waiting for?”

Originally posted on HR Box.

SOURCE: Del Rio, E. (13 May 2019) "Considering Retirement But Getting Cold Feet?" (Web Blog Post). Retrieved from https://blog.shrm.org/blog/considering-retirement-but-getting-cold-feet


Bad Relationship with Your Boss? How to Fix it

Do you have a poor relationship with your manager? Often, poor relationships with managers can be detrimental to both the work employees' produce and their quality of life. Read this blog post from SHRM for tips on how to repair your relationship with your boss.


A poor relationship with your manager can be detrimental: both in the work you produce and your quality of life. LaSalle Network COO, Maureen Hoersten, uncovers ways to get to the root of bad relationships at work, and tangible tips to repair them, including:

Signs you have a bad relationship with your manager:  

There are common signs your relationship may be less than healthy like disengagement and short communication. Ask yourself: has something changed? Are you getting less feedback or training as you did before, or is the opposite true and you’re suddenly being micromanaged? Evaluate how the relationship is evolving to determine if it’s going down the right path.

Determining the source of the problem:  

The key to getting to the root of the relationship issue is to communicate. For instance, you may think something’s going on at work, but it the issue could really lie in your personal life. Whether it’s health related or a family issue, you may be bringing it into work with you, causing you to overanalyze the relationship with your boss. On the flip side, personal factors could be affecting your boss! The less time and attention they’re providing may have more to do with their personal stressors than your work. But you won’t know until you communicate.

Have a one on one and ask if you’re not hitting expectations. Try to open up and be vulnerable to pinpoint where the problem is. It may have nothing to do with you and your work, but you must overcommunicate to get to the root of the problem.

How to fix the relationship: 

Not only can the problem be determined by communication, it can be solved. They key is not just to communicate, but overcommunicate. For instance, if you’re working on a project with deadlines, consider (over) communicating the process as you go. Instead of waiting till it’s complete, give an email update or leave a voicemail with your progress. In other words- go above and beyond, exceeding expectations for communication. When your boss is running multiple groups or has a lot going on, little updates go a long way. No one wants to be left in the dark, and overcommunication can help your manager keep you on track as you go.

To mend a poor relationship with your boss, ask what you can do to get better. If it’s due to the quality of your work, what courses can you take, or books can you read to improve? Ask yourself: are you approachable, do you overcommunicate, do you come to the office a bit earlier or stay later to show that you care? If your boss doesn’t think you’re committed, show them that you can go above and beyond.

If you feel you’re being micromanaged, you may need to dig deep and think about why your boss is micromanaging you. Is there an issue with the quality of your work or hitting deadlines? Are you meeting and exceeding expectations? You need to know how you are performing before you can move on.

When to look elsewhere: 

If you’ve done everything you can to repair the relationship, given it time and nothing’s changed. Evaluate whether it’s time to move on. When it’s starting to affect your personal life, you keep asking the same questions with no acknowledgment or results, you may not be in the right position. Even if you feel it may not be the right place for you, try to give it time. Mending relationships with a manager may not be an overnight fix. People can turn relationships around; you just have to make sure you’re in alignment with your boss and their expectations through effective communication.

Originally posted on LaSalle Network blog.

SOURCE: Hoersten, M. (19 May 2019) "Bad Relationship with Your Boss? How to Fix it" (Web Blog Post). Retrieved from https://blog.shrm.org/blog/bad-relationship-with-your-boss-how-to-fix-it


Boost employee engagement with these key people skills

Employers most likely won't be able to get every single employee to give their best every day, but with the right amount of effort, they could get the majority of employees to give their best. Continue reading for key people skills employers can use to boost employee engagement.


With all the talk about “employee engagement,” it’s only fair to ask, “Can I really get all the people in my organization to give their best – every day?”

The short answer is probably not “all.” But with the right amount of effort you can get “most” of them to give their best … most of the time. And that’s a lot better than where most companies are right now.

Boiled down to its simplest parts, employee engagement is about connecting with employees and getting them focused. It requires an ongoing and consistent effort by managers to bring out the best in people.

Employee engagement takes practice

You don’t need to be good friends with every employee – but it does help to build cordial relationships. That makes working with people more productive and cohesive.

People get more engaged in their work when the work means something to them, when they understand their role in the organization, and when they can see and appreciate the results of their own efforts.

Here are some “hands on” ways leaders can work to improve interactions and create a deeper connection with employees and colleagues:

  • Make it personal. Use people’s names when talking to them – from the janitor to the CEO. Even better, use the names of their significant others – spouses, kids, parents – when possible.
  • Say more than hello. Sometimes it’s necessary to cut to the chase and get to the business at hand – a project, deadline, important question, etc. But in other circumstances, there’s time to show interest in employees’ and colleagues’ lives. Instead of a generic “How are you?” ask about something that affects them.
  • Talk about their interests. People surround themselves with hints of what interests them outside of work (for instance, sports ticket stubs, photos of beach trips, logo T-shirts from local events, race medals, certificates of appreciation from philanthropic groups, etc.). Look for those hints and ask about them. Once you know a little about what they do outside work, you have a starter for other conversations: “How did your son’s soccer game turn out?” “Where did you volunteer this weekend?” “Planning any vacations?”
  • Show appreciation. Avoid waiting for the end of a project or annual reviews to thank employees and coworkers for their contributions. And it’s OK to say thanks for the little things they bring to the table – a good sense of humor, a sharp eye for errors, an impeccable work station, a positive attitude.
  • Make others feel important. Feeling important is slightly different than feeling appreciated. Employees need to know they’re relevant. Let them know you recognize their contributions by referring to past successes when you talk to them personally and to others in meetings. Explain why their work was important.
  • Recognize emotions. Work and life are roller coasters of emotions. Leaders don’t have to react to every peak and valley, but they’ll want to address the highs and lows they see. For instance, “You seem frustrated and anxious lately. Is something wrong that I can help with?” Or, “I can sense you’re very excited and proud. You deserve to be.”

Building morale

The best morale exists when you never hear the word mentioned. If you have employees, you’ll have morale problems. No matter how thorough a company’s hiring process is, at some point leaders will have to handle morale issues because employees get stressed, are overworked and deal with difficult people.

The good news: Most of the time, employees won’t be down if their managers build and maintain morale. To stay ahead of morale issues:

  • Communicate. Employees left in the dark will become fearful and anxious and likely make up negative news to fill the gap. This can be avoided by regularly reporting information, changes and company news.
  • Listen. While sharing information is a must, employees must also be heard. Give them different options to share their concerns and ideas. Offer the floor at department meetings, have regular one-on-one meetings, put up a suggestion box or anonymous e-mail account for submissions, invite executives to come in and listen, etc.
  • Appreciate. People who aren’t recognized for their contributions may assume they’re not doing well. Leaders should take the time to thank employees for their everyday efforts that keep the operations running smoothly. In addition, extra effort should be recognized and rewarded.
  • Be fair. Nothing hurts morale like unfair treatment. Leaders can’t turn their backs on poor performances, and they can’t play favorites. It’s best to document what’s done in response to good and bad behaviors so leaders can do the exact same thing when the situation arises again – and have a record of it.
  • Provide opportunities to grow. Growth is often equated with moving up the career ladder. But it doesn’t have to be. Many employees are motivated by learning and creating a larger role for themselves. So if people can’t move up a career ladder (because there aren’t positions available), encourage them to learn more about the company, industry or business through in-house or outside training. Or give them opportunities to grow socially by allowing them time to volunteer.
  • Create a friendly environment. Research shows people who have friends at work are more motivated and loyal to their employer. While this can’t be forced, opportunities to build friendships can be provided through potluck lunches, team-building activities and requesting staff to help in the recruiting process.
  • Paint the picture. Employees who know their purpose have higher morale than those who are “just doing the job.” Regularly explain to employees how their roles fit into the company’s mission and how they affect the department and the company.

Praise what you want to see repeated

Handing out recognition takes a little more skill than just saying “Good job” and giving a pat on the back, though that’s a good start.

Giving recognition well is a skill all leaders could improve upon to keep their employees encouraged and productive.

Here are five guidelines for recognizing good work:

  1. Make it a policy, not a perk. Set rules for different types of recognition. For instance, recognize people for tenure and meeting goals – things everyone can accomplish.
  2. Stay small. Handshakes and sincere appreciation are always welcome (especially since 65% of employees say they haven’t been recognized in the past year, according to a Gallup Poll). Leaders need to look their employees in the eye, thank them for specific work and explain why it made a difference.
  3. Add some fanfare. Recognize people at meetings when others can congratulate them.
  4. Include the team. In addition to praising individuals, recognize a whole group for coming through during an unexpected hard time, meeting a goal, working together, etc.
  5. Make it personal. When recognizing employees, match the reward and praise to the person. One person may like a quiet thank-you and a gift card to a favorite store. Someone else might thrive on applause and a certificate given at a group lunch. Find out what people like and cater to them when possible.

SOURCE: Henson, R. (7 May 2019) "Boost employee engagement with these key people skills" (Web Blog Post). Retrieved from https://www.hrmorning.com/boost-employee-engagement-with-people-skills/


How do you know when learning programs are working?

How do employers measure the success of employee learning programs? The demand for employee learning programs is increasing, as well as the spend that employers are allocating for these programs. Continue reading to learn more.


Demand for learning is up and the spend that employers allocate to it is climbing — but as employers spend more money, they may also need to increase expectations for learning's success.

What outcomes do employers expect from learning programs? Whenever a company initiates training, that company must also ensure it has clear, definable results in mind, experts told HR Dive. Training to increase practical knowledge — how to utilize equipment, for example — should be task-oriented and measurable. Other training goals, like developing soft skills, may be more intangible, but success metrics can still be necessary.

Quantifying learning and finding success

The classic Kirkpatrick Model to evaluate training is widely used, Tom Griffiths, CEO and co-founder of Hone, explained to HR Dive. It covers four measurements:

  • Reaction. Were workers actively engaged and participating in the program? Observation and reaction surveys can help with this metric.
  • Actual learning. Did they come away from the session knowing more than they went in knowing? Baseline quizzes before and after give a snapshot of whether or not the session met objectives.
  • Behavioral change. Are you seeing a change in the way people perform their work? If training isn't directly relatable and usable, this might be more difficult to quantify.
  • Results. What is the final impact on the business overall following the training? Have errors decreased? Has productivity increased? Is customer satisfaction up? These measurements may take longer to quantify, but they're worthwhile metrics to obtain.

Ultimately, employers should keep an eye out for true measures of performance improvement, Anna Robinson, CEO of Ceresa, told HR Dive in an email. Sales growth, unit cost reductions and improved throughput are all examples of potential results. "If business performance improves, that means the right person is receiving the right content, and it is having an impact on their performance," she added.

But there are other ways to measure success, Ujjwal Gupta, co-founder and COO of BenchPrep, told HR Dive in an email. A learner getting that long-sought promotion or spreading knowledge in their department are key ways to witness a development program's success, Gupta said.

Changing minds and habits

What is the goal of training — changing minds or changing behaviors? Griffiths believes both are needed for a growth mindset, but one can lead to another.

"We can inspire change by giving learners the mental models, evidence and ways of thinking to start shifting their mindset, which can have a huge effect on behavior," he said. "For example, how differently do I behave if I believe I know everything and have nothing to learn from others, versus the mindset that I have something to learn from everyone?"

Employers should do more than just encourage learning, but should aspire to have a culture of learning, which enables employees to actively look for growth because learning is readily available and development is rewarded. For Griffiths, a successful learning culture is one that is open, aware and flexible. Ideally, there is a balance between dictating what the organization wants people to learn and giving the learners choice and control over what they learn to foster an employee-driven culture of learning, he noted.

Robinson said to look for engagement and buy-in. To gauge success of their mentoring program, for example, Ceresa looks at the number of women who are interested in continuing the relationship as well as the number who begin to mentor others. "This both extends and expands the learning culture," she said.

Has it made an impact?

Employees may be participating in learning exercises, but that doesn't necessarily translate to impact, experts warned. Knowledge can keep employees on track for what they need to be doing today, but it isn't enough on its own to ready them for new challenges or spark innovation. Seeing strong numbers on employee engagement surveys and significant changes in the way people work are key indicators, but the real goal is for employees to be hungry for more. Experts have noted that offering training outside workers' current areas of expertise and comfort zones can help push them further. Training that regards growth as the goal, whether or not it's of use at work today, can have the most impact on the employee and organization.

For Gupta, the numbers are important; evaluating retention and growth are leading indicators for those seemingly outside opportunities. "Seeing that you are not only keeping your employees happy, but that you are also expanding the business leads to a win-win situation by having a great learning culture that drives ROI," he said.

SOURCE: O'Donnell, R. (7 May 2019) "How do you know when learning programs are working?" (Web Blog Post). Retrieved from https://www.hrdive.com/news/how-do-you-know-when-learning-programs-are-working/554099/


How to Respond to the Spread of Measles in the Workplace

How should employers respond to the spread of measles? With measles now at its highest number of cases in one year since 1994, employers are having to cooperate with health departments to fight the spread. Read this blog post from SHRM to learn more.


Employers and educators are cooperating with health departments to fight the spread of measles, now at its highest number of cases in one year since 1994: 764.

Two California universities—California State University, Los Angeles (Cal State LA) and the University of California, Los Angeles (UCLA)—recently quarantined staff and students at the request of local health departments.

In April at Cal State LA, the health department told more than 600 students and employees to stay home after a student with measles entered a university library.

Also last month, UCLA identified and notified more than 500 students, faculty and staff who may have crossed paths with a student who attended class when contagious. The county health department quarantined 119 students and eight faculty members until their immunity was established.

The quarantines ended April 30 at UCLA and May 2 at Cal State LA.

Measles is one of the most contagious viruses; one measles-infected person can give the virus to 18 others. In fact, 90 percent of unvaccinated people exposed to the virus become infected, the U.S. Centers for Disease Control and Prevention (CDC) notes.

Action Steps for Employers

Once an employer learns someone in the workplace has measles, it should immediately send the worker home and tell him or her not to return until cleared by a physician or other qualified health care provider, said Robin Shea, an attorney with Constangy, Brooks, Smith & Prophete in Winston-Salem, N.C.

The employer should then notify the local health department and follow its recommended actions, said Howard Mavity, an attorney with Fisher Phillips in Atlanta. The company may want to inform workers where and when employees might have been exposed. If employees were possibly exposed, the employer may wish to encourage them to verify vaccination or past-exposure status, directing those who are pregnant or immunocompromised to consult with their physicians, he said.

Do not name the person who has measles, cautioned Katherine Dudley Helms, an attorney with Ogletree Deakins in Columbia, S.C. "Even if it is not a disability—and we cannot assume that, as a general rule, it is not—I believe the ADA [Americans with Disabilities Act] confidentiality provisions cover these medical situations, or there are situations where individuals would be covered by HIPAA [Health Insurance Portability and Accountability Act]."

The employer shouldn't identify the person even if he or she has self-identified as having measles, Mavity noted.

Shea said that once the person is at home, the employer should:

  • Inform workers about measles, such as symptoms (e.g., dry cough, inflamed eyes, tiny white spots with bluish-white centers on a red background in the mouth, and a skin rash) and incubation period—usually 10 to 12 days, but sometimes as short as seven days or as long as 21 days, according to the CDC.
  • Inform employees about how and where to get vaccinations.
  • Remind workers that relatives may have been indirectly exposed.
  • Explain that measles exposure to employees who are pregnant or who might be pregnant can be harmful or even fatal to an unborn child.
  • Explain that anyone born before 1957 is not at risk. The measles vaccine first became available in 1963, so those who were children before the late 1950s are presumed to have been exposed to measles and be immune.

Employers may also want to bring a health care provider onsite to administer vaccines to employees who want or need them, Shea said.

"Be compassionate to the sick employee by offering FMLA [Family and Medical Leave Act] leave and paid-leave benefit options as applicable," she said.

When a Sick Employee Comes to Work Anyway

What if an employee insists on returning to work despite still having the measles?

Mavity said an employer should inform the worker as soon as it learns he or she has the measles to not return until cleared by a physician, and violating this directive could result in discipline, including discharge. A business nevertheless may be reluctant to discipline someone who is overly conscientious, he said. It may opt instead to send the employee home if he or she returns before being given a medical clearance.

The employer shouldn't make someone stay out longer than is required, Helms said. Rely instead on the health care provider's release.

SOURCE: Smith, A. (9 May 2019) "How to Respond to the Spread of Measles in the Workplace" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/how-to-respond-spread-measles-workplace.aspx


Employers Must Report 2017 and 2018 EEO-1 Pay Data

The Equal Employment Opportunity Commission (EEOC) is requiring that all employers report their pay data, broken down by race, sex and ethnicity, from 2017 and 2018 by September 30. Continue reading this post from the SHRM to learn more.


The Equal Employment Opportunity Commission (EEOC) has announced that employers must report pay data, broken down by race, sex and ethnicity, from 2017 and 2018 payrolls. The pay data reports are due Sept. 30.

Employers had been waiting to learn what pay data they would need to file—if any at all—as litigation on the matter ensued. A federal judge initially ordered the EEOC to collect employee pay data for 2018. The National Women's Law Center (NWLC) and other plaintiffs wanted the EEOC to collect two years of data, as the agency was supposed to under a new regulation before the government halted the collection in 2017.

Judge Tanya Chutkan of the U.S. District Court for the District of Columbia sided with the plaintiffs and gave the EEOC the option of collecting 2017 pay data along with the 2018 information by the Sept. 30 deadline or collecting 2019 pay data during the 2020 reporting period. The EEOC opted to collect the 2017 data.

The agency said it could make the collection portal available to employers by mid-July and would provide information and training to employers prior to that date.

Immediate Steps

"We are awaiting confirmation from the EEOC or the contractor it is hiring to facilitate the pay-data collection on how to lay out the data file for a batch upload," said Alissa Horvitz, an attorney with Roffman Horvitz in McLean, Va.

But employers should take some steps immediately. They should reach out to their subject-matter and technical experts and pull together resources to ensure that the required data components can be captured, analyzed and reported by Sept. 30, said Annette Tyman, an attorney with Seyfarth Shaw in Chicago.

Filing the additional reports will impose unanticipated burdens for HR, IT and legal departments, as well as third-party consultants, she noted. "It is unclear whether any further litigation options will impact the Sept. 30 deadline, and we are instructing employers to assume they must comply."

Employers should keep in mind that they still must submit their 2018 data for Component 1 of the EEO-1 form by May 31, unless they request an extension. Note that the EEOC recently shortened the extension period for employers to report Component 1 data from 30 days to two weeks. So the extension deadline is now June 14.

Component 1 asks for the number of employees who work for the business by job category, race, ethnicity and sex. Component 2 data—which includes hours worked and pay information from employees' W-2 forms by race, ethnicity and sex—is the subject of the legal dispute.

Data Collection

Businesses with at least 100 employees and federal contractors with at least 50 employees and a contract with the federal government of $50,000 or more must file the EEO-1 form. The EEOC uses information about the number of women and minorities companies employ to support civil rights enforcement and analyze employment patterns, according to the agency.

The revised EEO-1 form will require employers to report wage information from Box 1 of the W-2 form and total hours worked for all employees by race, ethnicity and sex within 12 proposed pay bands.

The reported hours worked should show actual hours worked by nonexempt employees and an estimated 20 hours per week for part-time exempt employees and 40 hours per week for full-time exempt employees.

"Filling out the added data in the EEO-1 form will present a large amount of work, especially as there's great potential for human error when populating the significantly expanded form," said Arthur Tacchino, J.D., chief innovation officer at SyncStream Solutions, which provides workplace compliance solutions.

Employers should start looking at their data now and conduct an initial assessment of their systems, said Camille Olson, an attorney with Seyfarth Shaw in Chicago. Identify the systems that house the relevant demographic, pay and hours-worked data and determine how to pull the information together, she said.

Pulling EEO-1 data is much simpler for Component 1, she noted, because it only involves reporting the employer's headcount by race, ethnicity and sex—whereas collecting pay information involves more data points. Additionally, employers may use different vendor systems at different locations, some employees may have only worked for part of the year, and other employees may have been reclassified to exempt or nonexempt.

"Employers may want to inquire with their current vendors—payroll or otherwise—or look for outside vendors that may be able to assist them with this reporting requirement," Tacchino said.

Under some circumstances, employers may be able to seek an exemption (at the EEOC's discretion) if filing the information would cause an undue burden. "Mega employers" may not be able to show an undue burden, but this could be an option for smaller businesses, said Jim Paretti, an attorney with Littler in Washington, D.C. But that will depend on how the parties decide to move forward.

The Court Battle

The EEO-1 form was revised during President Barack Obama's administration to add the Component 2 data, but the pay-data provisions were suspended in 2017 by President Donald Trump's administration. The NWLC challenged the Trump administration's hold on the pay-data collection provisions, and on March 4, Chutkan lifted the stay—meaning the federal government needed to start collecting the information.

On March 18, however, the EEOC opened the portal for employers to submit EEO-1 reports without including the pay-data questions. Chutkan subsequently told the government to come up with a plan.

The EEOC proposed the Sept. 30 deadline for employers to submit Component 2 data, claiming that the agency needed more time to address the associated collection challenges. Furthermore, the EEOC's chief data officer warned that rushing the data collection may yield poor quality data. Even with the additional time, the agency said it would need to spend more than $3 million to hire a contractor to provide the appropriate procedures and systems.

Robin Thurston, an attorney with Democracy Forward and counsel for the plaintiffs, said at an April 16 hearing that the plaintiffs don't want the agency to compromise quality. But they also wanted "sufficient assurances" that the EEOC will collect the data by Sept. 30.

On April 25, Chutkan ordered the government to provide the court and the plaintiffs with periodic updates on the EEOC's progress and to continue collection efforts until a certain threshold of employer responses has been received.

SOURCE: Nagele-Piazza, L. (2 May 2019) "Employers Must Report 2017 and 2018 EEO-1 Pay Data" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/eeo-1-pay-data-report-2017-2018.aspx


Can Employers Require Measles Vaccines?

Can employers require that their employees get the measles vaccine? The recent measles outbreak is raising the question of whether employers can require that their workers get the vaccine. Read this blog post from SHRM to learn more.


The recent measles outbreak, resulting in mandatory vaccinations in parts of New York City, raises the question of whether employers can require that workers get the vaccine to protect against measles, mumps and rubella (MMR) or prove immunity from the illness.

The answer generally is no, but there are exceptions.

Offices and manufacturers probably can't require vaccination or proof of immunity because the Americans with Disabilities Act (ADA) generally prohibits medical examinations—unless the employer is in a location like Williamsburg, the neighborhood in Brooklyn where vaccinations are now mandatory. Health care providers, schools and nursing homes, however, probably can require them because their employees work with patients, children and people with weak immune systems who risk health complications from measles.

But even these employers must try to find accommodations for workers who object to vaccines for a religious reason or because of a disability that puts them at risk if they're vaccinated, such as having a weak immune system.

Proof of Immunity

Proof of immunity includes one of the following:

  • Written documentation of adequate vaccination.
  • Laboratory evidence of immunity.
  • Laboratory confirmation of measles.
  • Birth before 1957. The measles vaccine first became available in 1963, so those who were children before the late 1950s are presumed to have been exposed to measles and be immune.

Measles, which is contagious, typically causes a high fever, cough and watery eyes, and then spreads as a rash. Measles can lead to serious health complications, especially among children younger than age 5. One or two out of 1,000 people who contract measles die, according to the U.S. Centers for Disease Control and Prevention.

Outbreak Has Spread to 20 States

As of April 11, 555 cases have been reported in the United States this year. This is the second-greatest number in any year since the United States proclaimed measles eliminated in 2000; 667 cases were reported in all of 2014.

On April 9, New York City Mayor Bill de Blasio declared a public health emergency in Williamsburg, requiring the MMR vaccine in that neighborhood. Those who have not received the MMR vaccine or do not have evidence of immunity may be fined $1,000.

Since the outbreak started, 285 cases have been confirmed in Williamsburg, including 21 hospitalizations and five admissions to intensive care units.

If a city requires vaccinations, an employer's case for requiring them is much stronger, said Robin Shea, an attorney with Constangy, Brooks, Smith & Prophete in Winston-Salem, N.C. But employers usually should not involve themselves in employees' health care unless they are making an inquiry related to a voluntary wellness program, or the health issue is job-related, she cautioned.

The measles outbreak has spread this year to 20 states—outbreaks linked to travelers who brought measles to the U.S. from other countries, such as Israel, Ukraine and the Philippines, where there have been large outbreaks.

Strike the Right Balance

Health care employers typically require vaccinations or proof of immunity as a condition of employment, said Howard Mavity, an attorney with Fisher Phillips in Atlanta. He noted that most schoolchildren must be immunized, so many employees can show proof of immunity years later.

If an employee provides current vaccination records when an employer asks, the ADA requires that those records be kept in separate, confidential medical files, noted Meredith Shoop, an attorney with Littler in Cleveland.

All employers must balance their health and safety concerns with the right of employees with disabilities to reasonable accommodations under the ADA and the duty to accommodate religious workers under Title VII of the Civil Rights Act of 1964.

Under the ADA, a reasonable accommodation is required unless it would result in an undue hardship or direct threat to the safety of the employee or the public. The direct-threat analysis will be different for a registered nurse than for someone in a health care provider's billing department, for example, who might not work around patients.

Even if the ADA permitted mandatory vaccines in a manufacturing setting in limited circumstances, such as in Williamsburg now, any vaccination orders may need to be the subject of collective bargaining if the factory is unionized. Shoop has seen manufacturers shut down because employees were reluctant to come to work when their co-workers were sick on the job.

An employer does not have to accommodate someone who objects to a vaccine merely because he or she thinks it might do more harm than good but doesn't have an ADA disability or religious objection, said Kara Shea, an attorney with Butler Snow in Nashville, Tenn.

If someone claims to have a health condition that makes getting vaccinated a health risk, the employer does not have to take the person's word for it. The employer instead should ask the person to sign a consent form allowing the employer to learn about the condition and get documentation from the employee's doctor, she said. Before accommodating someone without an obvious impairment, the ADA allows employers to require medical documentation of the disability.

Courts don't closely scrutinize religious objections to immunizations, Mavity remarked.

"Some people have extremely strong beliefs that they don't want a vaccine in their body," said Kathy Dudley Helms, an attorney with Ogletree Deakins in Columbia, S.C. If the employer works with vulnerable people but can't find an accommodation for a worker who refuses vaccination, the employee may have to work elsewhere, she said.

SOURCE: SHRM (17 April 2019) "Can Employers Require Measles Vaccines?" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/measles-outbreak-2019-vaccinations.aspx


Helping a Good Employee Who Hits a Rough Patch

Are any of your top performing employees going through a rough patch? Read this blog post from SHRM for helpful tips and factors to consider when employees are going through rough times.


One of our employees, who has been a steady, solid performer the last two years, suddenly erupted in anger at one of our clients during a company event. Granted, the client is difficult and the event had all of us stressed out, but that’s no excuse to lose one’s temper and get into a shouting match. We immediately suspended him without pay.

Since then we’ve learned from coworkers that he’s dealing with stress by drinking. What should we consider as we try to decide whether to fire him or let him come back?

Suspending him without pay while you’re trying to figure out the situation is a good choice. While emotions run high, I always recommend suspending instead of “firing on the spot”. A suspension allows you to carefully choose a decision after learning all the facts, and avoids you having regrets later for having acted too rashly.

Below are some factors to weigh that will help you decide:

Value - You say he’s been there 2 years, which means he’s probably knowledgeable and you’ve made an investment in his training and development. Does this make him a keeper?

History - Is this his first offense or is this a repeat pattern? Is he well respected? or is he perceived as a hot-head? Does he have good relationships with clients and colleagues? Did you expect this or did it appear to come out of the blue?

Help available. If you were to keep him, what’s the level of support you can provide for him getting some help? For instance, does your company have access to an Employee Assistance Program (EAP) that provides therapy or substance abuse treatment? You can make this a condition of employment. In other words, you can allow him to keep his job as long as he agrees to participate in the EAP.

Note: Be careful here if you make a referral, to do so only for a generic EAP assessment and not for a “substance abuse” program, in other words, stay away from labeling or diagnosing him. Let the pros at EAP determine what he needs. His treatment will remain confidential, you’ll only know whether he’s participating.

Kudos for carefully considering your decision. He may simply be a good employee who is going through a rough time and needs some help.

SOURCE: Del Rio, E. (22 April 2019) "Helping a Good Employee Who Hits a Rough Patch" (Web Blog Post). Retrieved from https://blog.shrm.org/blog/helping-a-good-employee-who-hits-a-rough-patch

Originally posted on HR Box.