WORKPLACE ROMANCE:
A COMMON-SENSE APPROACH

BACKGROUND SCREENING WITH A TWIST

The federal Fair and Accurate Credit Transactions Act of 2004 (FACT) offers employers a "twist" for employment background checks, according to InfoLinkScreening President, Barry Nadel. Section 604(b)(2) of the Fair Credit Reporting Act (FCRA) prohibits an employer or their agent from procuring a consumer report without a clear written disclosure to the consumer (applicant) before the report is procured in a document that consists solely of the disclosure. In other words, when outsourcing background screening, the employer must make a disclosure in a separate document from the employment application. (Both documents are available for members on the HR That Works! web site.)

Now for the "twist:" There are two exceptions. The first involves an applicant for a position for which the Secretary of Transportation can set qualifications and hours of service under §31502 of title 49, or a position subject to safety regulation by a state transportation agency, as long as the applicant and employer have interacted only by mail, telephone, computer, or similar means.

The FACT Act adds a second exception under Section 603(x) of the FCRA by excluding the need for prior disclosure of consumer reports when the report involves an investigation relating to employment, compliance with laws and regulations of a government or self-regulatory organization, or preexisting written policies of the employer.

This exception applies if the communication doesn't involve a consumer's credit worthiness, credit standing, or credit capacity — and is made only to the employer or their agent, a government employee, a self-regulatory organization with authority over the employer or employee, or as otherwise required by law.

If taking adverse action due to an investigation based on the report, the employer must disclose to the consumer a summary of the communication on which the action is based; except for information sources acquired solely to prepare an investigative consumer report. In other words, the employer may remove the names of sources that relate to any interviews with persons required in the investigation, but may not remove sources of items researched in a consumer report, such as criminal information, drivers' license information, or other such sources of factual data.

To read Barry Nadel's complete summary on the regulations in this area, click here.

LIGHT IT UP!

Employees who work in buildings without windows or in cubicles in the middle of a floor are susceptible to light deprivation disorder (LDD). Study after study has shown the benefit of increasing employee's exposure to sunlight and non-fluorescent lighting. LDD symptoms can include insomnia, napping, depression, and lethargy. Even a corner office is still unlikely to get the 2,500 lux (the level of light the sun emits during daytime hours) that your body needs to be fully functional.

For more information about LDD or Seasonal Affective Disorder (SAD), go to http://www.nlm.nih.gov/medlineplus/seasonalaffectivedisorder.html and www.lighttherapyproducts.com/articles.html. To learn how you can improve lighting at a computer workstation, click on http://www.nih.gov/od/ors/ds/ergonomics/lighting.html.

YOUR WORKPLACE: BEAUTIFUL, FUNCTIONAL, MEANINGFUL

According to author Maggie Bedrosian, "A good standard for an aesthetically pleasing, efficient environment is to not have anything in it that we don't believe to be beautiful, functional, or meaningful." Unfortunately, many work environments are anything but that. Consider this story:

A printing company was facing the prospect of bankruptcy, and there were divisional wars between teams and their three work shifts. Not surprisingly, the work environment was dirty and messy. When the owner was asked why this was so his reply was, "All print shops look that way." He was asked what he thought the impact would be if the workplace looked just the opposite. After giving this some consideration, he was willing to give it a try.

The next weekend a painting contractor was brought in. Any employees who wanted to help with the effort were paid overtime, and family members and friends who joined the process were paid $10 an hour to do so. Food, amusement, and a babysitter were provided for parents.

Come Monday, the shop looked like an entirely new place: Clean and orderly, with sparkling white walls. The impact went far beyond expectations — employees began taking pride in their work environment. They'd invite customers and prospects back to observe their operations. Each shift took pride in leaving the shop spotless for the next shift. Not surprisingly, the company began a financial turnaround that has lasted to this day; it's larger and more profitable than ever.

Take a walk around your office. Is everything within sight beautiful, functional, or meaningful? Or, do you have needless clutter, poor designer artwork, irrelevant inspirational posters — or, even worse, blank dirty walls? Here are a few ways to improve your work environment:

1. Give it a fresh coat of paint.
2. Clean the carpets and furniture thoroughly.
3. Bring in plants and quality lighting.
4. Consider your walls to be your company billboards. Put up meaningful pictures, artwork, employee pictures, client pictures, financial charts, vision and mission statements, and so on.
5. Finally, bring in pictures from children in grammar and junior high schools; have a contest and then put the results up on the walls. The joy and creativity that comes through these paintings will help to inspire your workforce.

“The optimist proclaims that we live in the best of all possible worlds, and the pessimist fears this is true.”

James Branch Cabell

This issue discusses:

We’ve also provided hyperlinks to a free Form of the Month.

HEALTH SAVINGS ACCOUNTS:
AN ANSWER TO HIGH HEALTH INSURANCE PREMIUMS?

Last month's HR That Works! teleclass, Epstein Becker Green partner, Joan Disler, shared the many benefits of the new Health Savings Accounts (HSAs) created by Congress. These accounts should help employers "sell" high (at least $1,000) deductible health plans to employees because they can use the HSA much like an IRA. There are other tax advantages for both employers and employees. For example, depending on the deductible, employees can place up to $2,600 per individual and $5,150 per family into the account, which can appreciate tax free. To learn more about this option, please listen to the teleclass with Joan by clicking here. HR That Works! users can obtain a free report from Joan on HSAs by sending her assistant, Margaret, an e-mail at mlanglais@ebglaw.com.

CASES OF THE MONTH

Our partner, Epstein, Becker and Green offers this review of top cases that might affect your business.

(PDF) (WORD)

FORM OF THE MONTH:

Employee Self-Study Bonus Report

(PDF) (Word)

This tool is designed to encourage, reward and share voluntary learning efforts. Remember, education is the greatest form of leverage in any organization!

ERGONOMICS 101

Workplace after workplace continues to ignore the impact of ergonomics on health and safety issues — as well as the bottom line. For example, the failure to buy a decent ergonomic chair ($150-$250) can cost you heavily:

• A worker sitting in a non-ergonomic chair feels stiffness, soreness, and lower back pain that can radiate down through the legs and up through the neck and shoulders.
• Somebody who's in discomfort is likely to be less productive. Even if this affects their productivity by only 15 minutes a day, the cost to the employer for a minimum wage employee easily exceeds $400 per year (do the math).
• Workers in discomfort tend to feel "unfairly treated." Once this happens, drama is likely to follow.
• Failing to address the ergonomic concerns of an employee is likely to lead to a Workers Compensation or disability claim that's sure to be far more expensive than all the ergonomics chairs your office could ever buy.

When it comes to ergonomics, don't be penny wise and pound foolish. For more information, go to
www.nih.gov/od/ors/ds/
ergonomics/index.html

The information presented here is general in nature and does not constitute legal advice. Due to local and state laws and ordinances, an individual article might not apply in every jurisdiction.