Is lactation protected by Title VII?

A woman who asked about pumping breast milk upon her return from maternity leave was told not to return at all. Did the company violate Title VII of the Civil Rights Act?

What happened?  “Andrea” joined Houston Funding Corporation in March 2006 as an account representative/collector. In December 2008, she took a leave of absence to have a baby. Houston Funding is not covered by the federal Family and Medical Leave Act (FMLA) and does not have a maternity leave policy.

Shortly after giving birth, Andrea contacted “Dan,” a Houston Funding partner, to say that she would return to work as soon as her doctor released her. While on leave, Andrea called her supervisor, “Stuart,” weekly to discuss her progress. At one point, Andrea asked Stuart if she might be able to use a breast pump on her return to work. Stuart asked Dan, who reportedly said, “No! Maybe she needs to stay home longer.”

In February 2009, Andrea called Dan to let him know that she was released for work and asked again if she might be able to use a back room to pump milk. After a long pause, Dan said her position had been filled. Days later, Andrea received a termination letter dated one day before her phone call.

Andrea filed a sex discrimination lawsuit. The company said in district court that Andrea failed to maintain contact during her leave and was terminated for job abandonment. In addition, the company argued that Title VII does not cover “breast pump discrimination.”

The district court agreed, ruling that “firing someone because of lactation or breast-pumping is not sex discrimination,” and that “lactation is not pregnancy, childbirth, or a related medical condition.” Andrea appealed.

What the court said. The 5th Circuit Court of Appeals, which covers Louisiana, Mississippi, and Texas, overturned the ruling, finding that “lactation is a related medical condition of pregnancy” for purposes of the Pregnancy Discrimination Act (PDA) and Title VII. The court added that “it is difficult to see how an employer who makes an employment decision based upon whether a woman is lactating can avoid such unlawful sex discrimination.”

In addition, Andrea’s phone records showed that she had spent 115 minutes talking with the Houston Funding office while she was on leave, casting doubt on Houston’s proffered reason for her termination. The case was remanded. EEOC v. Houston Funding II LLC, 5th Cir., No. 12-20220 (5/30/2013).

Point to remember. The 2010 Patient Protection and Affordable Care Act requires employers covered by the Fair Labor Standards Act (FLSA) to provide unpaid time and private space for breast milk expression at work, while Title VII bars adverse employment decisions based on pregnancy or other related medical conditions. Also, make sure managers are trained properly in handling delicate cases like this one.

For more information contact:

Clare Vazquez. HR Business Partner

CertiPay/ClubPay

Cell: 561-281-4022

Email: CVazquez@certipay.com

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Employee training was once considered an optional benefit, an“extra” that only the most forward-looking employers provided to the most promising employees. Even now, when the economy turns downward, employee training is often the first to go, viewed not as an investment but as an expense to be disposed of in tough times. But today more and more employers understand that, far from being a frill, good employee training is necessary to a club's success and that an intelligent, well-trained workforce is central to worker productivity and well-being.  In fact in 2012, OSHA revised its hazard communication, or “worker right-to-know” standard, that requires employers to provide safety training and information to workers that are exposed to hazardous chemicals.

Globally Harmonized System of Classification and Labeling of Chemicals

The GHS revisions became law on May 25, 2012.

OSHA will allow employers a 4-year transition or phase-in period to comply with all of the new GHS requirements in the worker right-to-know rule. The first transition deadline will apply to safety training on chemical labels and SDSs for workers exposed to hazardous chemicals.

• By December 1, 2013 employers are required to train employees how to read and interpret chemical labels and safety data sheets in compliance with either:
• The pre-GHS hazard communication standard for labels and material safety data sheets (MSDSs); or
• The GHS revisions for new-style labels and SDSs;
• or both the pre-GHS hazard communication standard and GHS revisions at the same time

CLARE VAZQUEZ, HR BUSINESS PARTNER is in the Boca Raton, Florida office of CertiPay. A significant portion of her consulting practice is devoted to workplace risk management preventing OSHA citations, injuries and fatalities. She advises employers in OSHA recordkeeping, hazard assessment and self-audits, corporate-wide safety compliance, maintaining effective safety training and safety management programs, disciplining unsafe employees, inspection preparedness, workplace violence prevention, and health and wellness initiatives. She also prepares and reviews employee handbooks and policies, conducts manager and employee training, and provides consulting regarding hiring, termination, unemployment, wage and hour, harassment, discrimination, and other federal and state laws and regulations. For more information on CertiPay Payroll and Human Resource Services contact Clare at 561-281-4022 / email cvazquez@certipay.com

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Some have said human resources is a declining field. Other have put it more dramatically, saying that the HR department is doomed.

Don’t worry. They’re wrong.

Undoubtedly software has changed how HR functions, and those changes are here to stay. But rather than mean the end of the HR department, the nine HR technology experts and practitioners that Software Advice interviewed predicted these changes will provide HR professionals with opportunities for growth. This article lays out what will change and why, as well as how HR professionals can prepare. Change, it seems, is good.

Prediction 1: In-house HR will downsize while outsourcing will increase.

This prediction might seem somewhat, well, predictable. However, the reasons our experts give for the change may surprise you.

Brian Sommer, industry analyst and founder of TechVentive, claims HR departments will become smaller as new technologies allow employees to participate directly in HR processes. He explains, “Many businesses are going to get a lot of capability done by better technology, more self-service and the employee doing a lot on their own.”

And while employees begin to shoulder a larger part of HR’s administrative duties through self-service portals, Dr. Janice Presser, CEO of The Gabriel Institute, predicts many transaction-heavy HR jobs will be outsourced entirely. In fact,  Dr. Presser goes so far as to say, “Entry-level HR jobs, as they currently exist, will all but disappear as transactional tasks are consigned to outsourced services.”

But despite the shrinking size of in-house HR, the human resources function will endure. As Chip Luman, the COO of HireVue, explains, “Given the ongoing regulatory environment, the need to pay, provide benefits, manage employee relations issues, and process information will go on.”

Prediction 2: Strategic will be in-house HR’s new core competence.

The smaller HR department that remains in-house will have to reposition itself as a strategic partner within the business. In fact, over half the experts emphasized that the move toward strategic partnership must happen--or else. Dr. Presser says in-house HR will need to have, “The ability to make accurate projections based on understanding the goals of the business and using metrics that describe more than lagging indicators, such as how long it takes to fill a job or the per-employee training spend.”

The strategy role cannot be outsourced--good news for all those in-house HR folks. As Dr. Presser says, “Strategic planning requires in-house expertise.”

In fact, Brashears, the director of Human Capital Consulting at Trinet HR, predicts the swing toward more strategic roles may even drive the creation of new job titles. As she explains, “HR Professionals will likely transition into HR Business Professionals who not only understand HR implications but also business operations and strategy.”

Prediction 3: The pendulum will swing back to the specialist.

Janine Truitt, the founder of The Aristocracy of HR blog, says she has observed a generalist-specialist cycle in the HR field during her time in the industry. As she explains, “Every decade or so we fluctuate back and forth from the paradigm of the independent contributor/specialist to the generalist practitioner. We were in a ‘generalist’ mode and now I think the pendulum may be swinging back toward the specialist.”

But for Luman, there will be no future shift back toward the generalist. He states, “HR generalists as we know them will disappear.”

Brashears agrees, noting “There will be more specialized roles. I believe this to be the case as the employment landscape becomes more complex with changing regulations around employment law and benefit compliance with the Affordable Care Act.”

Preparing for 2020

As strategy becomes more important for in-house HR, and specialists become more prevalent, what can current HR professionals begin doing now to prepare? The experts all endorse one tactic: keep learning---risk-taking and networking will help, too.

Dr. Presser advises those in the field to “Get ahead of the curve. Realize that many of today’s ‘best practices’ evolved under very different business conditions, and may well become obsolete within this decade. Learn everything you can about your industry, your competitors, and pending legislation that affects your business operations. Most of all, define yourself as a businessperson and act accordingly.”

Additionally, Lynda Zugec, Founder and Chairman of The Workforce Consultants, says in this brave new world, failure should be welcomed as a learning tool. As she says, “In the changing HR landscape of today, failure is embraced because it means that you were brave enough to ‘give it a shot’ and also that you now have more information regarding what works and what doesn't work than before. Eventually, if you keep exploring different avenues, you are bound to succeed.”

Finally, Luman encourages HR practitioners and analysts to develop their own personal brand. As he says, “Network inside and outside of your field. Blog, communicate, read and help others achieve success. If you are not outside of your comfort zone, you are stagnating.”

Erin Osterhaus is the managing editor of Software Advice's HR blog,The New Talent Times. She focuses on the HR market, offering advice to industry professionals on the best recruiting, talent management and leadership techniques. You can follow her on Twitter and Google+ or, contact her directly at erin@softwareadvice.com.

 

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The newly revised Form I-9 (Rev. 03/08/13) should be used for club new hires; after May 7, 2013, all prior versions of Form I–9 can no longer be used by the public. Download the new Form I–9 at www.uscis.gov

WHAT HAPPENS IF I CONTINUE TO USE THE OLD VERSION OF THE FORM I-9?

After May 7, 2013, employers who fail to use Form I–9 (Rev. 03/08/13) may be subject to all applicable penalties particularly necessary for employers utilizing electronic Forms I–9.  

Note that employers do not need to complete the new Form I–9 (Rev. 03/08/13) for current employees for whom there is already a properly completed Form I–9 on file, unless re-verification applies. Unnecessary verification may violate the anti-discrimination provision.

A Spanish-language version of the new Form I–9 is available at www.uscis.gov for use in Puerto Rico only and may also be used for translation purposes.

 

Introduction of the Revised Employment Eligibility Verification Form

March 15, 2013

Agency: U.S. Citizenship and Immigration Services, DHS

CHANGES TO FORM I-9

The newly revised Form I–9 makes several improvements designed to minimize errors in form completion. The key revisions to Form I–9 include:

• Adding data fields, including the employee’s foreign passport information (if applicable) and telephone and email addresses.

• Improving the form’s instructions.

• Revising the layout of the form, expanding the form from one to two pages (not including the form instructions and the List of Acceptable Documents).

BACKGROUND

Employers and certain agricultural recruiters and referrers for a fee (referred to collectively as ‘‘employers’’) are required to verify on Employment Eligibility Verification form (Form I–9) the employment authorization and identity of each individual they hire (or recruit or refer for a fee if applicable), for employment in the United States.

Form I–9 contains three sections.

The purpose of Section 1 of the form is to collect, at the time of hire identifying information about the employee (and preparer or translator if used), and for the employee to attest to whether he or she is a U.S. citizen, noncitizen national, lawful permanent resident, or alien authorized to work in the United States. The employee must also present documentation for review evidencing his or her identity and authorization to engage in this employment.

The purpose of Section 2 of the form is to collect, within 3 business days of the employee’s hire, identifying information from the employer and information regarding the identity and employment authorization documentation presented by the employee and reviewed by the employer.

The purpose of Section 3 of the form is to collect information regarding the continued employment authorization of the employee. This section, if applicable, is completed at the time that the employee’s employment authorization and/or employment authorization documentation recorded in either Section 1 or Section 2 of the form expires. This section may also be used if the employee is rehired within 3 years of the date of the initial execution of the form and to record a name change if Section 3 is otherwise completed.

HOW LONG AM I REQUIRED TO KEEP THE I-9?

Employers are required to maintain Forms I–9 for as long as an individual works for the employer and for the required retention period for the termination of an individual’s employment [either 3 years after the date of hire or 1 year after the date employment ended, whichever is later].

For more information contact:

Clare Vazquez. HR Business Partner

CertiPay

Cell: 561-281-4022

Email: CVazquez@certipay.com

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The Equal Employment Opportunity Commission (EEOC) recently issued figures related to workplace discrimination charges filed with it in fiscal year 2012.

 

It received 99,412 private sector workplace discrimination charges during the year, with retaliation (37,836), race discrimination (33,512), and sex discrimination (30,356) the most frequently filed charges. The EEOC filed 122 lawsuits including 86 individual suits, 26 multiple-victim suits (with fewer than 20 victims) and 10 systemic suits.  That is a 20 percent reduction from fiscal year 2011, bringing the inventory to 70,312.

The agency also obtained $365.4 million from private sector and state and local government employers through it administrative process.

Overall, the agency secured both monetary and nonmonetary benefits for more than 23, 446 people through administrative enforcement activities

Notable findings gleaned from this data include the following:

• The most prevalent charges filed with the EEOC in 2012 alleged retaliation; race discrimination and sex discrimination. The claims alleging sex discrimination included allegations involving sexual harassment and pregnancy discrimination.
• The most common types of discriminatory actions alleged under all statutes were discharge, actions affecting the “terms and conditions” of employment, harassment, and discipline.

The report identifies the six priorities that the EEOC will focus on in its “targeted enforcement” efforts:

• Eliminating systemic barriers in recruitment and hiring
• Protecting immigrant, migrant, and other vulnerable workers
• Addressing emerging issues, including the:
• Americans with Disabilities Act (ADA)
• LGTB (lesbian, gay, transgender, bisexual) coverage under Title VII
• Accommodating pregnancy
• Enforcing equal pay laws
• Preserving access to the legal system
• Preventing harassment through enforcement and targeted outreach

Are your club managers trained to handle an EEOC Charge? Don’t let your emotions get in the way of an investigation. Let us help you. At ClubPay we can help address your EEOC charges or questions. For more information contact Clare Vazquez, Your ClubPay HR Business Partner at 561-281-4022 or email cvazquez@certipay.com

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By Clare Vazquez, HR Business Partner

Do you have questions and can’t find the answer…we hope that our weekly Club HR Updates will assist you.

For example:

• Do you know the definition of a “workweek?”
• What are “hours worked?”
• Do employees have to be paid for time when they are off duty but still show up to “hang around?”

Answer:

A "workweek" consists of seven (7) 24-hour periods totaling 168 hours.  A “workweek” can begin and end on any day of the week, and does not necessarily have to being on a Monday.  Once a workweek is established, it remains fixed. Different workweeks may be established for different employees, however.  The regulations do not set pay days or pay period, but do require records to be kept on a weekly basis.

“Hours worked” include time when the employee is require to be on duty actually working for the employer.  The “hours worked” does not have to include meal times, but does include brief (5-20 minutes, for example) rest periods or coffee breaks.  Hours worked will have to include total time spend “on duty”, and will include time spend playing golf with students, members, etc. or performing other regular duties, including teaching.  An assistant professional who works 30 hours in the shop, plays golf with members an additional 10 hours, and teaches 10 hours (even though he may be receiving compensation for teaching), totals 50 hours worked.

No!!!.  Time when an employee is just “hanging” while off duty should not be counted as “hours worked.”  This is a common problem for golf professionals. To prevent having to pay for “hanging around” time, you should strongly consider discoursing your employees from staying on the premises when not working.  Also, add this to your employee handbook policy.  In addition, beware of employees who arrive and sign in 20-30 minutes before they are scheduled to start work.   If your employees are actually NOT working during that time, they should NOT be allowed to sign in on their time cards or clock in.  Carefully monitor and audit your sign in/sign out time cards to ensure they correspond to the actual work time schedule.

A typical problem I see as an HR Consultant is when employers fail to recognize and count certain hours worked as compensable hours. For example, an employee who remains at his/her desk while eating lunch and regularly answers the telephone and refers callers is working. This time must be counted and paid as compensable hours worked because the employee has not been completely relieved from duty.

Clubs should also check into any applicable laws of a state or other jurisdiction to see whether there are any workweek-related requirements or restrictions that are different from or tougher than the FLSA's.  It has never been more important for employers to remain vigilant, informed, and assertive about all of these matters. It is also essential that each employer ensure right now that it is in compliance with all applicable wage-hour requirements.  Our HR Review will identity any potential non-compliance.

For more information contact:

 

Clare Vazquez, HR Business Partner at ClubPay

Office: 561-910-0032 Cell: 561-281-4022

Email: CVazquez@certipay.com

 

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HOW DO YOU ADVERTISE AND RECRUIT FOR YOUR COUNTRY CLUB'S OPEN POSITIONS?

Under the laws enforced by EEOC, it is illegal to discriminate against someone (applicant or employee) because of that person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to retaliate against a person because he or she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

Job Advertisements

Did you know it is illegal for an employer to publish a job advertisement that shows a preference for or discourages someone from applying for a job because of his or her race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.

For example, a help-wanted ad that seeks "females" or "recent college graduates" may discourage men and people over 40 from applying and may violate the law.

 

Recruitment

Did you know it is also illegal for an employer to recruit new employees in a way that discriminates against them because of their race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.

For example, an employer's reliance on word-of-mouth recruitment by its mostly Hispanic work force may violate the law if the result is that almost all new hires are Hispanic.

Just look at the two most recent cases

Avant Healthcare Professionals LLC, a Casselberry healthcare staffing company, has agreed to pay $27,750 to resolve charges by the U.S. Department of Justice (DOJ) that the company posted discriminatory job advertisements on the Internet.

According to the DOJ, Avant published hundreds of job advertisements showing preference for foreign-trained individuals seeking permanent residence or H-1B visa sponsorship over U.S. workers. The Immigration and Nationality Act (INA) prohibits employers from discriminating on the basis of citizenship or immigration status unless required by law, regulation, or government contract.

In addition to the monetary penalties, Avant agreed to change its recruiting practices and submit to compliance monitoring by the DOJ for three years.

OfficeMax has agreed to pay $85,000 and change its recruiting practices to settle a retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC).

According to EEOC’s lawsuit, when the manager of an OfficeMax store in Sarasota fired a Hispanic sales associate in June 2009, the associate complained that he was fired because of his race. Human Resources ordered the manager to reinstate him. The manager complied, but reportedly subjected the associate to “unwarranted and disparate discipline, disciplinary actions based on false accusations,” and reduced hours to try to drive him out again. The associate complained numerous times before finally resigning because of the treatment, the EEOC claimed.

In addition to the monetary settlement, OfficeMax agreed to recruit more black and Hispanic applicants in the Sarasota/Bradenton area, among other provisions.

What is Disparate Racial Impact?

Disparate racial impact occurs when a screening device (e.g., educational requirement), or even a recruitment practice, produces a significant difference in the hiring of African-Americans (or other protected racial groups) compared to Caucasians. While a detailed discussion of how to test for disparate racial impact is beyond the scope of this article, suffice it to say that this may be demonstrated by comparing the percentages of African-Americans passing the test or getting hired versus the percentages of Caucasians passing the test or getting hired. Census data comparing the percentage of African-Americans in the workforce versus the percentage of African-Americans in the relevant labor market may also be used to demonstrate disparate racial impact.

Do you…???

• Do you have standardized recruiting and hiring processes?
• Do your recurring and screening practices indicate possible disparities?
• Can you provide evidence that each of your recruiting and screening practices is job-related and consistent with business necessity?
• Are you casting a wide net in your recruiting sources?
• Are your recruiters and employment agencies familiar with discrimination laws?

New and changing legal standards and requirements demand attention to ensure that your club lessens their exposure.  As EEOC focuses more on recruitment and hiring discrimination, your policies and practices in this area may come under greater scrutiny.  Now is the time to audit your policies and practices and make sure that your hiring managers understand and use legally acceptable employment practices. 

Let us help YOU stay compliant...with our HR Review we can determine if potential risk are at hand.  Even if everything is above board, an organization could still be operating in an inefficient manner that isn’t in keeping with recognized best practices. This includes issues related to people and human resources management.

Purpose of the audit?

• To look for potentially serious problems (land mines)?
• To find areas needing improvement?
• To document processes for use in merger or reorganization?
• To address compliance issues?

For more information contact

Clare Vazquez, HR Business Partner at ClubPay

CELL:  561-281-4022

EMAIL: CVAZQUEZ@CERTIPAY.COM

 

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The newly revised Form I-9 (Rev. 03/08/13) should be used for club new hires; after May 7, 2013, all prior versions of Form I–9 can no longer be used by the public. 

Introduction of the Revised Employment Eligibility Verification Form 

March 15, 2013

Agency: U.S. Citizenship and Immigration Services, DHS

CHANGES TO FORM I-9

The newly revised Form I–9 makes several improvements designed to minimize errors in form completion. The key revisions to Form I–9 include:

• Adding data fields, including the employee’s foreign passport information (if applicable) and telephone and email addresses.

• Improving the form’s instructions.

• Revising the layout of the form, expanding the form from one to two pages (not including the form instructions and the List of Acceptable Documents). 

BACKGROUND

Employers and certain agricultural recruiters and referrers for a fee (referred to collectively as ‘‘employers’’) are required to verify on Employment Eligibility Verification form (Form I–9) the employment authorization and identity of each individual they hire (or recruit or refer for a fee if applicable), for employment in the United States.

Form I–9 contains three sections.

The purpose of Section 1 of the form is to collect, at the time of hire identifying information about the employee (and preparer or translator if used), and for the employee to attest to whether he or she is a U.S. citizen, noncitizen national, lawful permanent resident, or alien authorized to work in the United States. The employee must also present documentation for review evidencing his or her identity and authorization to engage in this employment.

The purpose of Section 2 of the form is to collect, within 3 business days of the employee’s hire, identifying information from the employer and information regarding the identity and employment authorization documentation presented by the employee and reviewed by the employer.

The purpose of Section 3 of the form is to collect information regarding the continued employment authorization of the employee. This section, if applicable, is completed at the time that the employee’s employment authorization and/or employment authorization documentation recorded in either Section 1 or Section 2 of the form expires. This section may also be used if the employee is rehired within 3 years of the date of the initial execution of the form and to record a name change if Section 3 is otherwise completed.

HOW LONG AM I REQUIRED TO KEEP THE I-9?

Employers are required to maintain Forms I–9 for as long as an individual works for the employer and for the required retention period for the termination of an individual’s employment [either 3 years after the date of hire or 1 year after the date employment ended, whichever is later].

WHEN DO I START USING THE I-9?

Employers should begin using Form I–9 with a revision date of ‘‘(Rev. 03/08/13). The revision date is located in the bottom right-hand corner of the form.

WHAT HAPPENS IF I CONTINUE TO USE THE OLD VERSION OF THE FORM I-9?

After May 7, 2013, all prior versions of Form I–9 can no longer be used by the public. The public can download the new Form I–9 at www.uscis.gov

After May 7, 2013, employers who fail to use Form I–9 (Rev. 03/08/13)N may be subject to all applicable penalties be particularly necessary for employers utilizing electronic Forms I–9. For these reasons, USCIS is providing employers 60 days to make necessary changes.

Note that employers do not need to complete the new Form I–9 (Rev. 03/08/13)N for current employees for whom there is already a properly completed Form I–9 on file, unless re-verification applies. Unnecessary verification may violate the anti-discrimination provision.

A Spanish-language version of the new Form I–9 is available at www.uscis.gov

for use in Puerto Rico only and may also be used for translation purposes.

For more information contact:

Clare Vazquez. HR Business Partner

CertiPay

Cell: 561-281-4022

Email: CVazquez@certipay.com

 

Would you like to learn how ClubPay is helping Clubs stay compliant?

 

Clubs with 50 or more employees must display the new updated 2013 FMLA poster in a conspicuous place where employees and applicants for employment can see it. A poster must be displayed at all locations even if there are no eligible employees and must be posted no later than March 8th.

The federal Family and Medical Leave Act (FMLA) has made several changes in its Final Rule, including military care giver leave for a veteran, qualifying exigency leave for parental care, and a special leave calculation method for flight crew employees.  Department of Labor has expanded its protection for military families; eligible workers can take up to 26 workweeks of leave to care for a current service member with a serious injury or illness. Congress also created qualifying exigency leave, which permits eligible employees to take up to 12 workweeks of leave for qualifying exigencies arising out of active duty or call to active duty in support of a contingency operation of a family member serving in the Armed Forces. This means that workers can attend a spouse's farewell and welcome home ceremonies without being penalized at work. They can also use the leave to plan unexpected childcare arrangements if the service member’s call to active duty is unexpected, or leave can be taken to spend time with a family service member on leave from active duty service without risking their jobs.

Employer Requirements for FMLA

• Review the FMLA changes and make the necessary revisions to club policies.
• Managers must notify employees about changes to the FMLA law.
• Display the new 2013 FMLA poster  in a noticeable work location by March 8^th.
• Handbooks must also be updated to reflect new leave-related changes.

Employers who fail to meet this deadline risk subjecting their club to fines.

For more information, including the rule, a military leave guide, fact sheets and other materials, visit: http://www.dol.gov/whd/fmla/2013rule

To print the new 2013 FMLA poster visit: https://www.dol.gov/whd/regs/compliance/posters/fmla.htm

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Study after study has demonstrated the high cost of employee turnover, particularly in the hospitality industry where the work is so detail-intensive, requiring significant training to meet standards.

Recognizing that the desired outcome of every hiring decision is to find and bring aboard a qualified and enthusiastic person who will make a positive contribution to the success of the business, it is essential for all managers to make every effort to lower employee turnover rates. Here are six steps to help you do just that:

1. Hire Well. Use the techniques of Disciplined Hiring to screen applicants and check references. When possible, use personality profiles to ensure you put the right person in “the right seat on the bus.”

2. Onboard Well. Use all of the club’s tools to both welcome and orient new hires to the workplace. The Employee Handbook, Club Orientation, and Departmental Orientations are designed to provide and reinforce important information to the new hire. Managers must make sure that orientations are welcoming and make all necessary introductions to both supervisors and peers.

3. Train Well. Both initial and ongoing training is essential. Most people want to do a good job and appreciate the efforts made to train them. Without adequate training and the necessary tools and resources to do their jobs well, new hires will quickly become cynical and alienated. Never forget that their success guarantees your success.

4. Organize Well. No one wants to work in a chaotic environment. If your department or section is well-organized, if everyone knows where things are, if employees are well-trained in opening and closing procedures, if everyone knows their responsibilities and is held accountable, the workplace runs almost effortlessly. Don’t run off good people by putting them through the hell of a disorganized operation.

5. Communicate Well. Daily interaction and direction ensures that everyone is informed, knows what is going on, and what they must do individually to accomplish the tasks at hand. It is also instrumental in building teamwork and a sense of shared values and mission. The Daily Huddle, or some other form of pre-shift meeting, is a necessary discipline to ensure ongoing, consistent communication.

6. Value Them Well. Remember the ultimate value of people in all you do. Value your employees and they will value you as a leader and their efforts at work.

The bottom line is that your leadership is the essential element in your success. If you have high levels of turnover, there is no one to blame but yourself.

Ed Rehkopf, Senior Vice President, Club Resources International. Club Resources International is a portal website for the club industry providing a wide array of operational resources, articles, and best practices for the club industry. The website can be found at www.myclubresource.com.