Winter is fading.  We are about to turn the calendar to March and spring is just around the corner.  And with the arrival of spring comes spring cleaning.  In that spirit, take a few minutes to think about your record retention policies.  Are you keeping things too long?  Or are you tossing out important items too soon?  Every business has different issues and concerns with respect to record retention.  If you have a record retention policy, spend some time making sure you have trimmed back your collection of documents to comply with your own policies.  If you don't have a policy, think about what your policy needs to be and get started pulling one together.  And, if you have a policy that hasn't been updated in years, you probably should get out the red pen and see if any revisions or needed.  Finally, if you have pending legal matters (charges, complaints, investigations, and/or lawsuits), remember to comply with all document retention requirements applicable to those matters. 

Congratulations to Kansas Legislative Insights on its 100th issue.  KLI is the go-to source for executives, human resources professionals, lawyers, and others who want to stay on top of current developments in the Kansas legislature.  This free newsletter is published regularly during the legislative session.  Click here ( http://www.foulston.com/legislativeinsights ) to check out the latest issue.  If you want to receive future issues of this free publication, send your request to mknoblauch@foulston.com.  Did I mention it's free?

"I'm just a bill, yes I'm only a bill . . . ."  -- Bill, from Schoolhouse Rock

Kansas lawmakers are considering a bill that would revise the Kansas Workers' Compensation Act in numerous ways.  Highly summarized, House Bill 2134 would: (1) redefine several existing terms and define four new terms, including "prevailing factor," "repetitive trauma," "task loss," and "wage loss;" (2) specify circumstances for disallowance of compensation benefits; (3) extend the period of time an employee has to give notice of injury; (4) revise drug testing standards; (5) shorten, from five to three years, the time a case can stay open without a hearing; (6) reduce compensation in cases involving proof of pre-existing conditions; (7) require expert evidence to prove permanent total disability; (8) redefine benefits available for temporary total disability; (9) revise calculations for compensating bilateral injuries and determining "average wages;" (10) increase the maximum compensation for four different categories of disability; (11) reduce compensation benefits when the employee accepts retirement benefits from the same employer; (12) reduce an employer’s responsibility to provide medical and health care services in specified circumstances; (13) expand who is eligible to access the appeals process involving future medical treatment; (14) expand the use of the workers' compensation fund when an employer has insufficient coverage; (15) restrict coverage for illegal immigrants; and (16) abolish the Workforce Advisory Council.  The bill was passed by the House on a vote of 90-29, and is awaiting action by the Senate.  

On this most sacred of holidays devoted to love, take time to ponder your company's harassment policy.  Is it current and up-to-date?  How about your harassment training program?  Has it been ignored during the last couple of years during the economic downturn?  If so, it might be time to review and update that policy and pull the employees together for a training session on harassment in the workplace.  As most of you in HR know, love in the workplace can lead to plenty of troubling issues.  With Valentine's Day as the excuse, co-workers may be handing out candy, cards, gifts, and an occasional inappropriate advance in the office.  So for all you HR types reading this blog, get out of your office or cubicle and keep an eye on things.  If you're lucky, you might just be able to get a piece or two of candy as you make the rounds.  As an added bonus, if your company has a wellness plan you can confiscate all those chocolates in the name of eating healthy.  Just don't forget to send some my way.   

The National Labor Relations Act (NLRA) is the federal law most employers relate to unionization or to union-represented employees.  On occasion, the NLRA and its application bleed over into workplaces without union representation present.  For example, an employer policy prohibiting employees from discussing pay rates violates the NLRA regardless of whether employees in the workplace are union-represented.  In a recent skirmish, the National Labor Relations Board (NLRB), the government agency responsible for enforcing the NLRA, issued a complaint against an employer following the termination of an employee for violation of an internet/social media policy.  The employee had made complaints about her supervisor and responded to co-worker questions/comments on Facebook.  The NLRB's complaint was set for hearing before an administrative law judge, but yesterday the NLRB and employer reached a settlement. 

This settlement leaves unanswered the question of how the NLRA will be interpreted and enforced in the future.  The NLRB's filing of the complaint clearly signals a move by the federal government to extend protections to employees who complain via Facebook (or other social media outlets) about workplace issues and concerns.  Employers should be mindful of this development and stay tuned for further action on the part of the NLRB with respect to employee discipline for these types of violations.  For more information click here to read the NLRB press release.

A manager walks into your office and declares that the time has come to part ways with an employee.  As you work through the termination process, a beancounter in Accounting informs you the employee owes the Company $500.  After asking a few more questions, you learn part of the money owed is for Company products the individual bought on credit, and another part is for reimbursement for a training session the Company paid for.  Accounting suggests you just take the debt from the employee's final paycheck.  While this might seem like a clean and simple solution, it could create problems for you under the Fair Labor Standards Act (FLSA) and/or the Kansas Wage Payment Act (KWPA). 

The reconciling of the books on the final paycheck is a very common mistake made by Kansas employers.  This simple step of deducting money for obligations owed to the employer directly from an employee's paycheck seems fair and simple.  The problem is the FLSA and the KWPA--and the government agencies that enforce them--don't necessarily agree with that concept.  The KWPA prohibits employers from deducting money from an employee's paycheck unless the deduction accrues to the benefit of the employee.  You can be assured that the collection of a debt by the employer won't be viewed as a deduction for the benefit of an employee.  Anytime you find yourself tempted to hold money directly from an employee's paycheck, it would be wise to consult with your attorney to ensure the propriety of the action.  Finally, even if a deduction does not violate the KWPA, keep in mind that there      Continue Reading...