Today begins the Iowa Smoke-Free Air Act that bans smoking in places of employment, bars, and restaurants. The only businesses exempt are gaming floor casinos and hotels that have rooms designated for “smoking only”.

Employers need to be aware of regulatory issues associated with this ban. This law requires that signs be posted at every entrance to a place of employment and at every entrance to outdoor areas where smoking is not allowed. Signs must also be posted in vehicles owned, leased, or provided by the employer.

Here are a few tips to make sure your company stays in compliance:

1. Go to www.IowaSmokefreeAir.gov to print off the regulation smoking sign. Remember that you can use your own sign but the sign must be at a minimum total of 24 square inches. There are other requirements for what must be on the sign which can be found here.

2. Make sure all ashtrays are removed from areas where smoking is not allowed.3. If you have a company owned vehicles make sure the “no smoking” sign is placed somewhere in the cab or on the vehicle where it can be easily seen from the outside.If you have any questions please post them below and we will get back to you.

Jim Goodman, age 46, passed away last Sunday while competing in the Hy-Vee Triathlon. President of Employer Ease, Jim was also a serial entrepreneur. Jim’s energy and excitement for business will be sorely missed by the employees of Employer Ease.Jim Goodman was a wonderful architect for business start-ups. Jim created the CEO (Creative Entrepreneur Organization) Center for different businesses to interact, share overhead expense, and learn from each other. A man of many talents, Jim ran a marketing research firm and also a venture capital company called VentureNet

A common theme that you will always find about Jim was his sense of giving. He worried more about others than himself, which is rare to find. Jim served on numerous boards such as

and the Ease Des Moines Chamber. Serving on those boards he was instrumental in fundraising and helping with market analysis. Everything reported in the Des Moines Register is a quick biography of a few of his achievements. However, on a personal level Jim was a great teacher, mentor, and friend. He believed in me enough to allow me to help start Employer Ease from the ground up. Never have I met someone who had such energy and drive for life. Even the worst of days he would always come in with his great smile and greet us. Employer Ease will continue to operate and grow just as Jim’s vision would have wanted. It is only a shame that he will not be along for the great successes and upsetting disappointments that make running a business so fun. Jim you will be sorely missed.Your friend and protégé, Carl

This post is a continuation from my previous entry. We are still looking at issues associated with transgender employees in the workforce. The reason I thought this topic is interesting is because the topic itself as a protected class is new. There has not been any litigation as to whether any of these policies laid out are constitutionally legal or illegal. This topic can also new or even uncomfortable for HR professionals and managers to discuss. The next couple of cases are designed to help give a roadmap to handling these employment based issues if they arise in your workplace. Thanks to Kevin Pokorny for his discussion and sharing these cases with us.

Case #1

Two weeks ago, a male manager meets with you regarding a personal issue. He has decided that it is important in his life to no longer hide that identity and will begin to wear feminine clothing to work. He begins wearing eye shadow, mascara, lipstick, long earrings, and wears his hair in a feminine way. Several employees complain to you that this manager is violating the company’s dress and grooming standards for male employees in the workplace.

As an HR person or owner, how do you handle this situation?

Lets answer this in two parts:

First, may an employer enforce dress and grooming standards?

Yes. According to the Iowa Civil Rights Commission, an employer may establish and require an employee to adhere to reasonable workplace appearance, grooming and dress standards that are directly related to the nature of the employment.

Second, must an employer allow an employee to dress as he/she views his gender identity?

Yes. The answer to the case above allows an employer to setup dress codes but you must allow the employee to dress as their perceived gender identity. For this case the male will have to follow dress codes similar to what other women are required to wear. If a women’s business suit is the only thing required at work then the male will have to follow protocol.

Case #2

A female employee comes complaining to you that another employee who is transgender, but who the female employee perceives as a male, is using the women’s restroom. She feels uncomfortable with this individual using the same restroom areas as she does. The transgender employee also comes to you to complain that he does not feel safe using the restroom that corresponds to his birth sex.

As an HR person or owner, how do you handle this situation?

In Iowa, it is still legal for employers to maintain gender-segregated restrooms; however the law does require that employers permit employees to access those restrooms in accordance with their gender identity, rather than their assigned sex at birth.

Some companies have setup a gender-neutral restroom that is a single bathroom either men or women can access along with the gender-segregated restrooms. This is currently how the law is setup and we will see how it will be modified or changed within the future.

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Attending an HR seminar last week, I decided to attend a forum dealing with “Sexual Orientation and Gender Identity.” I thought I would share some of the issues and cases employers may be faced with in your workplace.

Just a quick brief, on July 1, 2007 the Iowa Civil Rights Act was expanded to add sexual orientation and gender identity to the protected class. It is illegal to discriminate, retaliate, harass, or fire a person because of his/her actual or perceived sexual orientation or gender identity. At the time this act was passed 20 other states and the majority of Fortune 500 companies already had some type of policy in place. One exception includes employers who employ fewer than 4 individuals.

If you have questions concerning transgender or what gender identity means, the American Psychological Association has a Q&A guide that you can read to get more information. I found this to be a great resource.

Employers need to realize that this law prohibits discrimination dealing with hiring, firing, pay, benefits, vacation time, but allows an employer to still terminate an employee for non-discriminatory reasons, due to bona fide job related reason. There are also no hiring quotas and does not affect any affirmative action laws. A job related reason for hiring and terminating an employee is going to be repeated over and over as we look at different cases and situations.

Case #1

As an HR manager, an employee comes to you and says that she is getting ready to start her “transition,” meaning that the employee is going to modify her physical characteristics and method of social expression to reflect the general standards for a man. She goes on to say that she will undergo surgical procedures that could take a year or more. As an employer or HR person, how do you handle this situation?

First, can the employee still perform their job related function? If so, and you and the employee can reach an accommodation then treat it like any other medical issue. If you are under Family Medical Leave Act (FMLA) then you handle and report this the same way. Replace transgender with sex or race. Would you treat a female differently than a male who has to have a medical procedure done? Of course not.

It is the same with any transgender person as well. Finally, make sure to keep this information confidential, just as you would with anyone else’s medical condition.

The next post will continue this discussion dealing with dress codes and restrooms.

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Last week the Central Iowa Society for Human Resource Management (CISHRM) had a great turnout for our membership orientation meeting, where new members were able to meet committee chairs and discuss how CISHRM can help individuals in their HR profession. I know for me it was been a great networking and education resource. Each month CISHRM has a great speaker dealing with all aspects of HR from diversity to workplace conflicts.

If you are interested in coming to one of our educational meeting please let me know and you can come as my guest. Our next meeting is on May 13^th and you can look at the CISHRM website for more information. I also have to give thanks to Kristina Johnson for recommending me to be in this month’s newsletter.

The U.S. Supreme Court ruled today that participants in a common retirement plan, a 401(k), can sue the plan administrator under the Employee Retirement Income Security Act (ERISA) for losses sustained in their account.

Most business groups interpret ERISA to help protect employee groups against administrative abuses but do not permit individual lawsuits. The decision by the Supreme Court has changed that mind set. Employers need to be aware that this decision will change the options that employees have to find a remedy for plan administrators who do not live up their fiduciary responsibility.

This decision has opened a door that might discourage employers from even offering a retirement plan to employees for fear of being tied to a lawsuit. What are your thoughts on how this will impact employees and employers?

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The legislative session is in full gear this session in Iowa. Below are a few bills that are being brought back into the spotlight that every employer and HR professional needs to be aware.

Penalties for hiring Illegal Aliens

HF 2026 prohibits employers from hiring illegal immigrants and will fine businesses $10,000 civil penalty for noncompliance. This bill also addresses misclassification of independent contractors as employees and penalties for such misclassification. If you, as an employer, are worried about this then sign up for our e-Verify program. We will automate the checking and filing of your Federal I-9’s.

Expansion of Unemployment Benefits

HF334 is a bill proposed by Iowa Workforce that would expand unemployment benefits and job training resources. This bill would expand eligibility for personal reasons such as family medical leave and domestic issues. These types of programs will dig into the Unemployment Trust Fund and could possibly increase rates for all businesses for unemployment insurance.

Changes in Workers’ Compensation Law

HF914 would change a 95-year Iowa Workers’ Compensation Law that would not allow employers any oversight of treatment or medical care for those injured. This bill would give greater autonomy to the employee but in doing so could increase premiums an estimated $93 million.

Flickr photo by frankwbeard
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Marilyn Manning, HR Specialist, answers this months questions dealing with employee applications.

Question: What’s the problem with writing notes on a job candidate’s application?

Answer: Whether on the resume or especially the job application, notes made by the hiring manager may be used as evidence in support of a job applicant’s claim of unfair discrimination.

Keep in mind that a job application is a legal document that’s signed by the job candidate. So, a manager’s handwritten notes may make it appear that the employer was trying to alter the application towards the candidate’s detriment.

Notes relevant to an applicant’s knowledge, skills, abilities, and / or experience in line with job-related questions should be documented on a completely separate interview evaluation sheet. By doing so, you reach the same goal of accurately capturing objective interview information.

Flickr photo by Christopher Stumm

Grab your coffee and spend 10 minutes looking at these posts that offer great advice with company retirement plans.

Art Dinkin, of Moment on Money, answers a great question that employers frequently ask dealing with 401(k) vs. SIMPLE IRA. He answers the question from an employee and employer view. Employers usually look at a plan that is best for them and forget to look at the pros and cons for the employee.

Kris Dunn of HR Capitalist shares advice on the importance of understanding the fees that are associated with mutual funds within your 401(k).

If you are more familiar with 401(k) and interested in finding out more about SIMPLE IRA, then go on over to Suzanna DeBaca at Expert Business Resouce and find out more about this plan for small business.

Flickr photo by Brite Light Photos.

A great question that I came across and thought I would share. This question was answered by HR Specialist, Marilyn Manning.

Question: Do on-call employees have to be paid for the time spent waiting to work?

Answer: The Federal Labor Standards Act (FLSA) requires waiting time to be paid only if the employees must remain on or so close to the employer’s premises (or are otherwise restricted) such that they cannot use the time effectively for their own purposes. For example, if the employees must only leave word about where they may be reached, then they generally are not considered to be working while on-call since the time can be used for their own purposes.

In determining whether an employee must be paid for time spent on-call, courts look at how much control the employer has over the employee and whether the employee can effectively use the on-call time for personal purposes.

As a rule of thumb, courts often have considered seven factors to decide whether an employee had use of on-call time for personal purposes – whether:

1. An on-premises living requirement existed;
2. Excessive geographic situations restricted the employee’s movements;
3. The frequency of calls was unduly restrictive;
4. A fixed time limit for response was unduly restrictive;
5. The on-call employee could easily trade on-call responsibilities;
6. Use of a pager could ease restrictions; and
7. The employee had actually engaged in personal activities during on-call time.

Flickr photo provided by Just Nick