In yesterday’s Advisor, we covered several common legal but stupid actions that managers think are smart. Today, we’ll hit a few more, and we’ll take a look at a unique HR audit system that ferrets out stupid moves before the feds do.
(Go here for legal but stupid moves 1 through 3.)
4. Auto-Deducting for Lunch Breaks
“We’ve got a great new timekeeping system that automatically deducts for lunch breaks.” Auto-deduct is a common feature of many computerized wage and hour tracking systems, and it’s not illegal to install and use such a system. But it is illegal to fail to pay an employee for time worked.
What happens: Occasionally or often, employees will end up working through all or part of their lunch hours. For example, just being on duty to answer the phone is “work.” So now you’ve got an employee who is working and a system that is not paying the employee for that time. That’s illegal and it’s going to cost big-time when you add up many employees over many lunch hours over, say, 2 years.
If nothing else, make sure that supervisors can override the system to correct errors.
5. Letting Marginal or Violative Performance Go Unremarked
“I know he’s pushing the limits, but I think if I let it go for now, he’ll come around.” This is a common theory of managers who are reluctant to discipline. True, there’s no legal mandate to discipline, but there’s a legal problem when you don’t.
What happens: Every time managers ignore inappropriate behavior, they condone it. At some later point, the manager will eventually decide to take action and terminate the person. Unfortunately, there won’t be anything in the file to back up the decision. The person will say, “Gee, I was doing that for months and no one said anything. So I don’t think that’s why they fired me. I think they fired me because I complained about wages (or talked about a union, or was a member of a protected class).”
And the employee is probably going to have a strong case. It’s hard to argue that something you let go for months is a firing offense.
Using the “hope” system to avoid lawsuits? (We “hope” we’re doing it right.) Be sure! Check out every facet of your HR program with BLR’s unique checklist-based audit program. Click here to try HR Audit Checklists on us for 30 days!
6. Asking Interviewees about Age, Race, Religion
“Why can’t I ask about race, age, and religion? I’m just making conversation, and it’s not illegal to ask those questions, right?” Technically, that’s correct, it’s not illegal to ask those questions. But it is stupid, because it is illegal to act on the answers.
What happens: You don’t hire the person, and he or she sues, saying that the rejection was based on race, age, or religious discrimination. And the jury is likely to agree. Why would you ask those questions if you didn’t care about the answers? And why would you care about the answers, except to discriminate?
Legal, but dumb. These kinds of actions are probably not happening in your workplace, right? Not a chance? There’s only one way to find out for sure—a thorough HR audit.
To accomplish a successful audit, BLR’s editors recommend a unique program called HR Audit Checklists. Why are checklists so great? Because they’re completely impersonal, and they force you to jump through all the necessary hoops, one by one. They also ensure consistency in how operations are conducted. And that’s vital in HR, where it’s all too easy to land in court if you discriminate in how you treat one employee over another.
HR Audit Checklists compels thoroughness. For example, it contains checklists both on Preventing Sexual Harassment and on Handling Sexual Harassment Complaints. You’d likely never think of all the possible trouble areas without a checklist, but with it, just scan down the list and instantly see where you might get tripped up.
Find problems before the feds do. HR Audit Checklists ensures that you have a chance to fix problems before government agents or employees’ attorneys get a chance. Try the program at no cost or risk.
In fact, housed in the HR Audit Checklists binder are dozens of extensive lists, organized into reproducible packets, for easy distribution to line managers and supervisors. There’s a separate packet for each of the following areas:
- Staffing and training (incorporating Equal Employment Opportunity in recruiting and hiring, including immigration issues)
- HR administration (including communications, handbook content, and recordkeeping)
- Health and safety (including OSHA responsibilities)
- Benefits and leave (including health cost containment, COBRA, FMLA, workers’ compensation, and several areas of leave)
- Compensation (payroll and the Fair Labor Standards Act)
- Performance and termination (appraisals, discipline, and termination)
HR Audit Checklists is available to HR Daily Advisor readers for a no-cost, no-risk evaluation in your office for up to 30 days. Visit HR Audit Checklists and we’ll be happy to arrange it.
Other Recent Articles on HR Policies and Procedures
Legal, Yes, But Stupid
Sued? Here’s the Worst Thing You Can Do
What to Do When You Are Sued—10 Immediate Actions
300% ROI for Weight Loss Programs?