by TJ Carter, SPHR

Taking on a management role can be demanding; it brings new responsibilities, additional workload and more. It can be even more challenging when an employee has been promoted into the role of manager and is now responsible for supervising former co-workers. In order to succeed, these managers will need to find a way to transition a peer relationship into a successful manager-employee relationship.

Here are some tips for making a successful transition:

• Separate the personal relationship from the professional one. You can remain friendly with former co-workers but should make it clear that personal relationships cannot and will not influence your decisions and actions at work. Creating this separation may involve limiting or eliminating after-work socializing to avoid potential conflicts. This doesn’t mean a manager and his or her employees can’t be social or have lunch together, but if they do, conversation should be limited to general topics such as hobbies and interests.
• Let former peers know that you take your new responsibilities seriously. Some new managers will use jokes or humor to ease into difficult conversations with their employees, but doing so can undermine the seriousness of a counseling session or disciplinary action. Being gentle but firm can go a long way in helping employees improve and can help the manager gain and maintain employees’ respect.
• Treat all employees equally. Playing favorites can create tension and interfere with a manager’s ability to effectively lead the team. It could also invite claims of discrimination in some circumstances. Managers should consistently provide both positive feedback and suggestions for improvement to all of their subordinates. Doing so can promote successful employee development while ensuring fair treatment.
• Ask for help. Many managers have, at some point in their careers, found themselves in the position of managing former co-workers and peers. Talking with others in leadership roles can be a great source of guidance when making this transition.

By separating the personal relationship from the professional one and managing former peers or co-workers with consistency, fairness and respect, an employee can successfully make the transition to manager.

By Washington Post

President Obama on Thursday signed into law a measure that repeals the unpopular 1099 tax-reporting provision of the national health-care law.

The move marked the first successful effort by Congress to repeal a portion of Obama’s signature health-care legislation.

The Senate earlier this month voted 87-to-12 to repeal the 1099 provision. The House passed the measure in March on a bipartisan 314-to-112 vote.

The White House released a statement announcing the Obama had signed the measure, which it said “repeals the expansion in the Affordable Care Act of requirements for businesses to report information to the Internal Revenue Service on payments for goods of $600 or more annually to other businesses and increases the amount of overpayment subject to repayment of premium assistance tax credits for health insurance coverage purchases through the Exchanges established under the Affordable Care Act.”

Obama’s signing of the legislation into law marks the end of a nearly eight-month-long effort by lawmakers to do away with the 1099 tax-reporting provision. Sen. Mike Johanns (R-Neb.) had led the effort in the Senate, but each time repeal seemed close, the parties reached an impasse over how to pay for the repeal, which would result in the loss of an estimated $22 billion over the next decade.

The law signed by Obama on Thursday would pay for repeal by forcing greater repayment of health insurance subsidies for families whose income unexpectedly exceeds certain thresholds.

By NAPEO

Thirty-three states (including the Virgin Islands) have borrowed more than $48 billion from the Federal Unemployment Account, according to U.S. Department of Labor data released this week. In states with loan balances on January 1 of two consecutive years that have not repaid them by November 10 of the second year, employers are at risk of losing a portion of their state FUTA tax credits for that year. The credit is reduced by 0.30 percent for each year the loan remains outstanding beyond the second year of the loan. Twenty-four states will experience a FUTA tax credit reduction, assuming each has a loan balance on November 10, 2011.

by Joanne Deschenaux, J.D., SHRM senior legal editor

Speaking before a session of the Society for Human Resource Management’s Employment Law & Legislative Conference March 14, 2011, an unemployment insurance (UI) expert presented a bleak picture of UI costs across the country. The following sobering facts were revealed by Douglas Holmes, the president of UWC, a nationwide association that represents the interests of the business community on national unemployment insurance and workers’ compensation public policy issues:

1. State unemployment taxes increased as a percent of total wages on average by 34 percent from 2009 to 2010 and are expected to increase even more for 2011 and 2012.
2. Thirty-two states have outstanding federal loans of $43.6 billion. The U.S. Department of Labor (DOL) projects a peak in 2013 of up to 40 states and $65.2 billion.
3. Interest on loans is charged at the rate of just over 4 percent for 2011. Under federal law, the interest may not be repaid from the state UI taxes, so approximately $1.7 billion will have to be paid from other sources. Employers in 19 states will pay a special assessment to cover this cost (Alabama, Arkansas, Arizona, Colorado, Connecticut, Delaware, Florida, Hawaii, Indiana, Kansas, Michigan, Minnesota, Missouri, New Jersey, New York, Pennsylvania, Rhode Island, South Carolina, and Wisconsin).
4. The first interest payment from states is due Sept. 30, 2011. Interest continues as long as loans are outstanding.
5. Federal Unemployment Tax Act (FUTA) increases in borrowing states have begun in Michigan, Indiana and South Carolina, and are projected in 24 states for 2011, costing more than $2 billion in additional FUTA taxes.
6. Spending on unemployment compensation is at an all-time high, jumping from approximately $31 billion in 2008 to $120 billion in 2009 and $160 billion in 2010.

Impact on HR

Going beyond the numbers, what does this mean for HR? “Congress will focus on this only when they have to,” Holmes said, noting that state and federal UI taxes will continue to rise, which will increase the cost of hiring. In addition, the increased duration of unemployment compensation will continue to be a disincentive to individuals deciding whether to actively seek and accept work available in the labor market, he noted.

Ronald Adler, the president of Laurdan Associates, a consulting firm in Potomac, Md., stressed that HR professionals “need to understand how much UI is costing their individual companies.” In addition to an increase in the cost of hiring, UI-related risks include increased administrative costs and reduced profitability, he said. In addition, UI activity may trigger an audit by the state UI agency as well as by federal agencies, including the Department of Labor, Internal Revenue Service or Immigration and Customs Enforcement.

So what can HR do?

Adler noted that the first step for HR should be to review and verify tax rate notices. Next, ensure that your classifications of employees and independent contractors are correct and ensure that you have properly reported wages—the correct amounts to the correct states, he added.

Next, Adler recommended that HR take steps to protect the company’s experience rating, which impacts the state taxes it must pay. In order to do this, HR professionals should make sure that all UI claims forms are timely and correctly completed. All incorrect determinations and decisions should be appealed. He further recommended that HR attend UI hearings. In addition, he said, HR should notify the state UI agency of rehires and of refusals of job offers.
HR professionals should also look at the broader picture, Adler suggested, and assess hiring procedures and performance management appraisals. Increased effectiveness in performing these tasks may reduce UI claims, he noted. In addition, HR should ensure proper and effective documentation of employment actions and review disciplinary and termination procedures.

And of utmost importance is the training of supervisors and managers, Adler emphasized.
Holmes made the following additional suggestions for HR professionals concerned with the rising costs of providing UI benefits:

• Work with SHRM and business advocacy groups to explain the impact of increasing payroll taxes on decisions to hire.
• Explain the practical impact of individuals staying on unemployment compensation for long periods—loss of job skills; disincentive to accept jobs that are open while claiming unemployment compensation.
• Manage UI claims costs by paying attention to benefit charges, refusals of work, overpayment and fraud.
• Work with state workforce agencies to identify opportunities for unemployed workers for on-the-job training, internships and customized training that may serve some of your needs while reducing unemployment claims.
• State and federal unemployment taxes will continue to increase over the next three years and remain at higher rates for at least 10 years on average, Holmes predicted, so this is not a problem that is going to ease anytime soon.

For more information, visit www.shrm.org

The NCAA tournament is just around the corner and offices are abuzz with friendly banter and cries of team loyalty. Along with plenty of excitement and new found bragging rights among fellow colleagues, March Madness brings forth a torrid fear of lost productivity in the workplace. Though accurate numbers are incredibly difficult to pinpoint in such instances, outplacement firm Challenger, Gray & Christmas, estimated in a 2008 press release that lost productivity during the tournament could cost businesses an estimated 1.7 billion every year. While these numbers are seen only as an estimate and in some opinions as a heavily aggrandized estimate, it would be foolish to think that there is not a significant impact on time and productivity for the duration of the tournament.

While an employer’s first reaction may be to try and limit March Madness related activities in the workplace, there are definitely a few things to consider before taking any action against tournament involvement. First, denial of participation could be seen by employees as overbearing and in opposition to a fun work environment. Employee morale is crucial for productivity, and would therefore seem counter intuitive for employers hoping to retain a high level of productivity to discourage participation in an activity considered somewhat of a sports holiday. Instead of discouraging involvement and risking a discontented office, consider using March Madness to your advantage. There are many different ways an employer or manager could use the NCAA tournament as a way to improve employee morale and create a stronger sense of camaraderie throughout the workplace:

1. Create an online, office-wide bracket.
Creating a bracket on a website such as ESPN.com or Yahoo! Sports would eliminate the need to create, hand out and fill in paper brackets. Encourage people to participate only if they would like, and if the employees would like to have a buy-in for competitive purposes, we suggest the money go towards a charity or non-profit organization of the winner’s choice.

2. Offer small, fun and/or personalized prizes for top placers.
An already stated prize would not only encourage friendly competition and participation, it would also help to discourage against illegal gambling in the workplace. Some example of appropriate prizes may include gift certificates, a favorite team souvenir, or perhaps a meal on a supervisor’s tab.

3. Offer flexible hours and dress code allowances when appropriate.
A possible solution to the distraction of an early evening game could be a flexible work week. Also, since Fridays are often considered a more causal day in the workplace, employees could be encouraged to wear a tie, jersey or even socks to show where their hopes and loyalties lay within the tournament.

4. Encourage watching the tournament as a group.
Many workplaces allot for short breaks throughout the day. Encourage employees to gather to the TV in the break room (or at single designated computer as to not take up too much bandwidth) during those times. One could even promote a potluck lunch, catering or group gatherings after work to watch the game together.

5. Designate times to stay involved and keep the competition alive.
A bi-weekly e-mail or short announcement at the end of an informal meeting discussing up-to-date results would help to discourage employees from constantly tracking brackets while at work and would also help the manager or supervisor to stay involved.

While this list is not at all exhaustive, these are a few simple ways to take what is consistently seen as a drag on productivity and turn it into a way to promote a healthier and more enjoyable work environment. For more information or any questions, contact Staff One at 1-800-771-7823 or visit www.staffone.com.

Founded in 1988, Staff One is a leading Human Resources Outsourcing firm with an ESAC accredited and bonded PEO service offering. Staff One operates as a full-service human resources department and delivers a comprehensive range of solutions that provides our clients with a level of support and value previously only available at much larger companies. By aggregating the buying power of hundreds of firms, we provide premium benefits, risk management, compliance management, payroll outsourcing, tax administration and strategic HR services to our customers, so they can focus on growing their core business.

By Stephan Terrill

Some of us struggle with getting to work on time, and this can cause a problem in the workplace.

If you are habitually late for work, this could result in disciplinary action, possibly including termination of your employment.  Here are 5 tips that can help you make it to work on time:

1.     Lay out your clothes the night before work. This will reduce decision making in the morning and shave off 5 to 10 minutes of prep time.

2.     Organize your morning routine. See if you can pare down the time it takes to get ready in the morning.  Shorter showers,  cutting out TV watching, and perhaps brewing your coffee at home rather than stopping for the first cup of joe can help you get an earlier start.

3.     Leave early.  If at all possible, leave for work early to help keep you from feeling rushed or speeding in traffic.  In some cases, leaving your house even five or 10 minutes earlier could cut your drive by 10-20 minutes.

4.     Listen to traffic reports.  Know where the trouble spots are and take advantage of alternate routes to avoid sitting in traffic.

5.     Carpool. This will helps in two ways.  Someone else is counting on you to be on time and in larger cities, it may enable you to utilize the HOV (High Occupancy Vehicle) Lane, which will speed up your drive time.

Remember, it all comes down to disciplining yourself to getting to work on time.  Sometimes, being late is unavoidable, so be sure you know whom to contact when coming in late.  Always refer to your company handbook for specifics on workplace attendance policies.

Key employee retention is critical to the long term health and success of your business. Managers readily agree that retaining your best employees ensures customer satisfaction, product sales, satisfied coworkers and reporting staff, effective succession planning and organizational knowledge and learning. If managers can cite these facts so well, why do they behave in ways that so frequently encourage great employees to quit their jobs?

Employee retention matters. Organizational issues such as training time and costs, lost knowledge, mourning, insecure coworkers and a costly candidate search aside, failing to retain a key employee is costly. Various estimates suggest that losing a middle manager costs an organization up to 100 percent of their salary. The loss of a senior executive is even more costly.

Employee retention is critically important for societal reasons as well. Over the next few years while Baby Boomers retire, the upcoming Generation X population numbers 44 million compared to 76 million Baby Boomers available for work. Simply stated, there are a lot fewer people available to work.

One of the primary measures of the health of your organization is employee retention. If you are losing critical staff members, you can safely bet that other people in their departments are looking as well. Exit interviews with departing employees provide valuable information you can use to retain remaining staff. Pay attention to what they say. You’ll never have a more significant source of data about the health of your organization.

Here are 4 tips to help you in your employee retention efforts:

A satisfied employee knows clearly what is expected from her/him every day at work. Changing expectations keeps employees on edge and creates unhealthy stress. They rob the employee of internal security and make the employee feel unsuccessful. Provide employees the specific framework within which they clearly know what is expected from them.

The quality of supervision an employee receives is critical to employee retention. People leave managers and supervisors far more often than they leave companies or jobs. It is not enough that the supervisor is well liked or a nice person; starting with clear expectations of the employee, the supervisor has a critical role to play in retention. Anything a supervisor does to make an employee feel unvalued will contribute to turnover.

Many employee complaints center on these areas:

- Lack of clarity about expectations
- Lack of clarity about earning potential
- Lack of feedback about performance
- Failure to hold scheduled meetings
- Failure to provide an environment in which the employee believes they can succeed

The ability of the employee to speak his or her mind freely within the organization is another key factor in employee retention. Does your organization solicit ideas and provide an environment in which employees are comfortable giving feedback? If so, your employees will offer ideas, give constructive criticism and commit to continuous improvement. If not, employees will bite their tongues or find themselves constantly ‘in trouble’, until they leave.

Talent and skills utilization is another factor key employees seek in the workplace. A motivated employee wants to contribute to work areas outside of his or her specific job description. How many people could contribute far more than they currently do? You just need to know their skills, talent and experience, and take time to utilize them.

By TJ Carter, SPHR

Most of us have heard about David Letterman’s alleged affairs with his female subordinates, and this is a useful reminder for employers: create a systematic plan for dealing with workplace harassment and romantic relationships. And then follow it.

As the Letterman case shows, the line between inappropriate behavior, romantic relationships, and harassment can blur. Consensual relationships sometimes sour. Other times, employees enter relationships because they feel compelled to, believing that doing so is a prerequisite to success or advancement. And in the worst cases, employees are explicitly told or threatened that the relationship is a job requirement.

To protect themselves and their employees, employers must walk the difficult line between preventing and correcting harassment, without stifling all consensual, non-workplace conduct.

Here are 10 ways to help manage this sensitive subject:

1) Start with a Harassment Prevention Policy.

A solid harassment prevention policy is the first line of defense. But the existence of a policy on its own is not enough. To be effective, a policy must clearly identify who is protected, explain conduct that is prohibited, and tell employees where to report problems and get help. Additionally, supervisors and managers need to know what to do with information or complaints they receive from their employees. And to make sure everyone knows the rules, employers must be sure each employee has a copy of the current policy and know who to ask when they have questions.

2) Training Requirements

Although federal law does not require harassment training, it is highly recommended and may provide an affirmative defense for the employer when challenged. Also, some states such as California do require harassment training, so insure you check your state requirements.

3) Train Everyone

Training lets employees know company standards, and it tangibly demonstrates the company’s commitment. It is also a good opportunity to share information about the company and management. Taking steps to prevent unlawful harassment and discrimination can help the company avoid or reduce potential damages in litigation. It also reinforces to employees that the company takes the issue seriously.

4) Adopt a Conflict of Interest Policy

Employers can restrict relationships that can create an actual or potential conflict of interest, such as a relationship between a superior and a subordinate. In these situations, employers legitimately worry about the potential for the personal relationship to interfere with business judgment. For this reason, many employers’ policies discourage or prohibit relationships that can cause this conflict. Such policies may also specify that employees are expected to disclose relationships that may create a conflict, so the employer can take appropriate action to address any potential conflict. Be aware of state laws that might prohibit strict non-fraternization policies.

5) Distinguish Harassment from Relationships

Not every romantic relationship is ‘harassment’. Relationships can change though. When consensual relationships end, for example, employers must take seriously later complaints of mistreatment. In one case, an employee claimed a co-worker, with whom she had an on-again, off-again romantic relationship, created a hostile work environment. When the relationship ended, the employee complained to the company about her co-worker’s behavior, and the company responded by disciplining the co-worker. When the employee later sued, the company won because it had acted quickly to resolve the employee’s complaints.

6) Do Not Create Temptation

While employers have little control over how employees spend time away from work, they can do things to control conduct that can affect the workplace. For instance, employers should make clear that harassment prevention policies apply to all work-related events. Management should avoid holding company-sponsored events at venues that may encourage behavior that violates conduct policies. One obvious example is the high incident rate between alcohol and unwanted conduct. Employers also can reinforce that its technology, such as email and telephones, are for business use and not for conducting workplace romance.

7) Consider Love Contracts

Some employers ask romantically involved employees to sign a ‘consensual relationship agreement’ or a ‘love contract’. This document generally acknowledges a relationship, confirms that it is consensual and will not interfere with job performance, and reinforces the principles of the employer’s harassment prevention policy. The agreement usually states the employee’s obligation to notify the employer of conduct that violates the policy.

8) Stay out of Employee Private Time

As hard as it may be to accept, employers must recognize there is little they can do about consensual relationships between employees that do not affect their workplace performance or conduct.

9) See it From the Eyes of Others

Employees engaged in relationships are not the only ones who may be subject to a hostile work environment. In one case, the court established that a manager’s favoritism for multiple paramours can create a hostile work environment for other employees. In this case, a supervisor engaged in romantic relationships with several women who reported to him, and they were promoted and treated favorably. While a single act of preferential treatment is not unlawful harassment, the court held “severe or pervasive” sexual favoritism can be actionable conduct. And, the person suing need not be the victim of the conduct.

10) Act on Violations or Complaints

An employer’s most important duty is to act on complaints or anytime it becomes aware of potential violations of its harassment prevention policy. An investigation need not be error-free or conducted with sophisticated methods. But it must be prompt, conducted in good faith, and sufficiently thorough under the circumstances. Employers should take all complaints seriously because employees find it very difficult to bring forth these complaints. A complaint may involve a relatively trivial incident; however, an investigation may reveal a larger problem.

This information should not be construed as legal advice.

From IRS

WASHINGTON ― The Internal Revenue Service today released instructions to help employers implement the 2011 cut in payroll taxes, along with new income-tax withholding tables that employers will use during 2011.

Millions of workers will see their take-home pay rise during 2011 because the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 provides a two percentage point payroll tax cut for employees, reducing their Social Security tax withholding rate from 6.2 percent to 4.2 percent of wages paid. This reduced Social Security withholding will have no effect on the employee’s future Social Security benefits.

The new law also maintains the income-tax rates that have been in effect in recent years.

Employers should start using the new withholding tables and reducing the amount of Social Security tax withheld as soon as possible in 2011 but not later than Jan. 31, 2011. Notice 1036, released today, contains the percentage method income tax withholding tables, the lower Social Security withholding rate, and related information that most employers need to implement these changes. Publication 15, (Circular E), Employer’s Tax Guide, containing the extensive wage bracket tables that some employers use, will be available on IRS.gov in a few days.

The IRS recognizes that the late enactment of these changes makes it difficult for many employers to quickly update their withholding systems. For that reason, the agency asks employers to adjust their payroll systems as soon as possible, but not later than Jan. 31, 2011.

For any Social Security tax over withheld during January, employers should make an offsetting adjustment in workers’ pay as soon as possible but not later than March 31, 2011.

Employers and payroll companies will handle the withholding changes, so workers typically won’t need to take any additional action, such as filling out a new W-4 withholding form.

As always, however, the IRS urges workers to review their withholding every year and, if necessary, fill out a new W-4 and give it to their employer. For example, individuals and couples with multiple jobs, people who are having children, getting married, getting divorced or buying a home, and those who typically wind up with a balance due or large refund at the end of the year may want to consider submitting revised W-4 forms. Publication 919, How Do I Adjust My Tax Withholding?, provides more information to workers on making changes to their tax withholding.

The IRS has released frequently asked questions (FAQs) addressing the small business health care tax credit provision under the Patient Protection and Affordable Care Act (PPACA). The questions and answers provide information on the credit as it applies for 2010-2013, including information on transition relief for 2010. An enhanced version of the credit will be effective beginning in 2014.

Employer-paid premiums in 2010. Only premiums paid by the employer under an arrangement meeting certain requirements (a “qualifying arrangement”) are counted in calculating the credit. Under a qualifying arrangement, the employer pays premiums for each employee enrolled in health care coverage offered by the employer in an amount equal to a uniform percentage (not less than 50 percent) of the premium cost of the coverage.

For years prior to 2014, only premiums paid to a health insurance issuer, such as an insurance company or HMO, for health care coverage are counted for purposes of the credit. Premiums for health care coverage that covers a wide variety of conditions, such as a major medical plan, are counted and premiums for certain coverage that is more limited in scope, such as limited scope dental or vision coverage, are also counted.

The FAQs clarify that premiums, as described above, that were paid by the employer in 2010, but before the new health reform legislation was enacted, can be counted in calculating the credit.

Transition relief for tax years beginning in 2010. For tax years beginning in 2010, the following transition relief applies with respect to the requirements for a qualifying arrangement:

An employer that pays at least 50% of the premium for each employee enrolled in coverage offered to employees by the employer is deemed to satisfy the qualifying arrangement requirement even though the employer does not pay a uniform percentage of the premium for each such employee. Accordingly, if the employer otherwise satisfies the requirements for the credit described above, it will qualify for the credit even though the percentage of the premium it pays is not uniform for all such employees.

The requirement that the employer pay at least 50% of the premium for an employee applies to the premium for single (employee-only) coverage for the employee. Therefore, if the employee is receiving single coverage, the employer satisfies the 50% requirement with respect to the employee if it pays at least 50% of the premium for that coverage for each employee receiving single coverage.

If the employee is receiving coverage that is more expensive than single coverage, such as family or self plus- one coverage, the employer satisfies the 50% requirement with respect to the employee if the employer pays an amount of the premium for such coverage that is no less than 50% of the premium for single coverage for that employee, even if it is less than 50% of the premium for the coverage the employee is actually receiving.

For more information, visit www.irs.gov/newsroom