National Preparedness Month

September is National Preparedness Month.  According to the Department of Homeland Security, National Preparedness Month is a nationwide effort held each September to encourage Americans to take simple steps to prepare for emergencies in their homes, businesses and schools.

Is your business prepared to face a crisis?  Consider these questions:

Be Informed:

• Do you know what kind of emergencies might affect your company?
• Do you know what you will do in an emergency situation?

Develop a Business Continuity Plan:

• Do you know which staff, procedures and equipment are absolutely necessary to keep operating?
• Do you have back-up plans for operations?
• Do you know what you will do if your building or plant is not accessible?
• Do you know what you will do if your suppliers are impacted by a disaster?
• Are you ready for utility disruptions?

Prepare your Emergency Plan:

• Do you have an evacuation and shelter-in-place plan?
• Do you have a plan to commnicate with employees before, during and after an incident?
• Do you have copies of building and site maps with utilities and emergency routes marked?
• Are your employees trained for medical emergencies?

Practice the Emergency Plan:

• Have you practiced your plan recently?
• Do you practice and coordinate with other businesses in your building or industrial complex?
• Have you reviewed you plans in the past 12 months?

Review Insurance Coverage:

• Have you reviewed your insurance coverage recently to see if you’re covered in a disaster?

Secure your Facility and Equipment:

• Have you secured all the ways people, products and supplies get into your building?
• Have you conducted a room-by-room walk through to determined what can be strapped down?

Improve Cyber Security:

• Do you regularly install patches to your software?
• Have you installed a firewall on your computer?
• Do you regularly update your antivirus software?

Promote Family and Individual Preparedness:

• Do you encourage employees to have a personal emergency supply kit and a family communication plan?

source: ready.gov

For more information, the Department of Homeland Security has a website devoted to preparedness with publications, posters, and information on crisis preparedness and management.

New “No-Match” Letter Regulations

Beginning September 14, new rules take effect regarding employer responsibilities when a company receives a “No-Match” letter from the Department of Homeland Security or Social Security Administration.  The government issues these letters when the immigration status or employment-authorization documentation presented by the employee is inconsistent with government records.

While the Department of Homeland Security and the Social Security Administration have been issuing No-Match letters for some time, employers have been left to their own devices in deciding how best to deal with a potential employment-ineligible employee.  The new regulations now make it clear that an employer can be held liable and fined if they fail to take reasonable action after receiving a No-Match letter.

In part, these reasonable actions may include:

•  Within 30 days – Checking records to determine whether the discrepancy results from a recordkeeping error on its part, or in its communication to the government agencies. If an error exists, making corrections to records and communicating with the government agencies to ensure that corrected records match; and recordkeeping of the manner, date, and time of the verification.
• If an employer finds that there isn’t an error in its records, requesting that the employee confirm that the records are correct. If they are not correct, the employer would take the actions needed to correct them, inform the relevant agencies , and verify the corrected records with the relevant agency. If the records are correct according to the employee, the company would ask the employee to pursue the matter personally with the relevant agency.

The rules also define the framework for a verification procedure an employer may follow if there has been no resolution after 90 days of receiving the No-Match letter.

After completing all “Reasonable Employer” actions, a company may be considered “in safe harbor” even if the employee in question is in fact unauthorized to work in the United States.  A company will be liable, however, if it is discovered that it had knowledge of the unauthorized work status of the employee in question.

Employer Procedures regarding No-Match letters – Department of Homeland Security

What Every Business Owner and Manager Needs to Know About Sexual Harassment

It is sometimes difficult to define sexual harassment for three reasons:

1. What is inappropriate for one person may be acceptable to another.
2. There is no single test for distinguishing sexual harassment from merely offensive or inappropriate conduct, although there are guidelines.
3. Context is important.

Sexual harassment is different from the natural, normal tension that exists in the workplace when someone is attracted to another.

So when does
 * a look become a leer?
 * a touch become a grope?
 * a joke become a taunt?
 * a tease become harassment?

When the behavior is unwelcome by the person for which it was intended.

As a business owner or manager, it’s important to have a plan in place BEFORE an employee reports a sexual harassment concern.  Below are some tips to help you prepare. 

• Take the report seriously. Assure the person that the complaint or problem is being taken seriously and that the Company will respond to the problem promptly.
• Listen, sympathize, but don’t judge. Listen to what the person has to say; sympathize but make no judgment or commitment regarding the allegations or how the investigation will be conducted. Do assure the person that the Company takes sexual harassment seriously and will not tolerate it.
• Don’t delay. If you are not the individual designated to process sexual harassment complaints, tell the complainant who is responsible and offer to help contact that person. If that person is not immediately available, tell the complainant you will follow through immediately after the interview. Then do it as soon as possible. Delays of even a few days can make investigations difficult or send a signal to the complainant that the Company is not taking the complaint or problem seriously.
• Respond to concerns. If the complainant expresses or indicated fear, assure the person that the Company will do everything in its power to ensure confidentiality (but make no promises), prevent retaliation and stop further harassment. If you are the person designated to process complaints or investigate them, answer any questions about the complaint process that will not jeopardize the investigation. If you are not the appropriate person to process a complaint, assure the complainant that the appropriate person will answer his or her questions
• Document. Write a detailed summary of what the complainant told you, including your observations of the person’s demeanor. Submit it to the individual who will be processing the complaint.
• Follow up on the complaint. Check with the complainant the next day to ensure that he or she is getting needed assistance.
• Avoid using “Dangerous Words,” such as “its just teasing—no big deal.”

How Hippo & Fleming Law Offices can help:

• Our staff can review your current Sexual Harassment Policy and reporting procedures,  or work with you to create a new program. 

• Whether you need an existing company policy reviewed, or are just starting to think about writing an employee handbook, our attorneys can give you the legal guidance you need.

• Training for managers and employees is a critical step in having a sound Sexual Harassment policy.  Our staff can work with you to create an effective, personalized training session for your company.

 Contact our office for more information.

A Healthier Workforce AND Tax Credits?

Legislation was recently introduced in the Senate to encourage companies to implement Wellness Programs.  The Healthy Workforce Act (S. 1753) proposes tax credits to companies that create a qualified wellness program.  The tax credits would be worth 50% of the cost of the wellness program (up to $200 per employee for the first 200 employees, and up to  $100 per employee thereafter.)

The legislation defines a qualified program as one that is certified by the Secretary of Health and Human Services, and includes at least three of the following four components:

• a health awareness program that includes education and health risk assessment,
• a behavioral change program that encourages healthy lifestyle changes through counseling, seminars or online programs,
• a supportive environment component, and
• an employee engagement component.

The tax credit would be available to eligible companies for 10 years.

“An investment in preventative health care is one of the greatest opportunities we have to improve America ’s health and to control skyrocketing healthcare costs,” says Senator Gordon Smith (one of the bill’s co-sponsors).  “By encouraging businesses to educate and motivate their employees to take their health seriously, we can take a significant step toward lowering healthcare costs and keeping our population healthy.”

Full text of Senate Bill 1753