Question: Can you provide some tips for developing and conducting an employee engagement survey?

Answer: An employee engagement survey can be a great tool to check the temperature of your culture. When done right, the survey can help you understand the needs of your employees, which in turn benefits productivity, job satisfaction, and supports employee retention. It is also an excellent tool to help you calibrate the quality of your leadership as well as your employee relations and talent management programs.

Before you start, however, ensure that the management team is ready to act on the critical feedback you’ll get. Then decide what it is you need to know. Do you want to better understand how your employees view their relationship with management, understand and support the company’s strategic direction, or learn what aspects of their work environment, compensation and benefits, work assignments, and opportunities for learning and advancement are working (or not working)?

Next, determine how you will create, disseminate, tabulate, and communicate the survey process and results. If you’re creating your own survey, consider gathering employees from different areas of the company to formulate the survey questions and include them in the employee communications process to encourage participation. This team can also be instrumental in reviewing the survey results and providing feedback about how those results should be communicated and acted upon.

Another option is to use one of the many online engagement survey tools available in the marketplace. While the questions may not be as personalized to your company issues, you can get the surveys, along with the tabulated results, done quickly.

If you do create the survey in-house, consider these best practice tips:

• First, determine whether the survey identifies the respondents. Confidential surveys typically yield higher response rates and include more candid feedback. With these surveys, be sure to include department or other group data to assist you later in analyzing feedback and specific action items that may be tied to one group. The decision to include identifying information is generally tied to the level of openness and trust in an organization’s culture.
• Ask relevant questions. Ask questions that employees can — and want to — answer about their employment relationship with the company.
• Make it simple and easy to complete. Keep the survey short. Employees may not take the time to complete a lengthy survey with in-depth questions. Save those types of questions for the follow-up action planning.
• Provide an open comment area. Give employees an opportunity to comment at the end of the survey and add any additional information not covered by the questions.
• Make the results actionable. Follow up on survey results so employees know they are heard and appreciated.

Encourage participation by using incentives or contests. With more feedback, you’ll have a better picture of your employees’ engagement level. Train your leaders so that they are prepared to use the survey feedback as a gift to improve performance and have productive feedback and performance improvement planning sessions.

Most importantly, don’t ask for employee feedback unless you are willing to do something with the results. Your employees will expect you to implement changes and take action. Let them know how much you value and respect them by listening and acting on their opinions and ideas.

Q&A provided by ThinkHR, powering the UST HR Workplace for nonprofit HR teams. Have HR questions? Sign your nonprofit up for a free 30-day trial here.

Question: Can an employer require its employees to use their accrued paid time off during an employer-required furlough? And, if salaried exempt employees work during the furlough, how is pay calculated for these employees?

Answer: Yes, an employer can require employees to use their accrued paid time off, for example vacation, for time not worked during a furlough. If an employee has no accrued time off, the employer can even put the employee into a negative paid leave balance.

Even while furloughed, however, the Fair Labor Standards Act (FLSA) applies to employees. The FLSA mandates compliance with the salary basis requirements for salaried exempt personnel. Accordingly, if such an employee performs any work during that week, the employer may not dock the employee’s pay for the absence. When a furlough is for one or more full weeks, federal law generally does not require payment to an employee.

Employers must be mindful that employees on furlough continue to accrue vacation days, sick days, and personal days, and continue to receive other benefits such as health insurance.

Q&A provided by ThinkHR, powering the UST HR Workplace for nonprofit HR teams. Have HR questions? Sign your nonprofit up for a free 30-day trial here.

Violence in the workplace was virtually unheard of until the 1970s but today, it is a national epidemic that affects everyone involved both physically and psychologically, and often, long term. Workplace violence as defined by the Occupational Safety and Health Administration (OSHA) is any act or threat of physical violence, harassment, intimidation or other threatening disruptive behavior that occurs in the workplace. OSHA estimates that nearly two million U.S. workers report being victims to workplace violence every year. Workplace Violence takes many forms, including homicide, assault, stalking and bullying. Because this growing issue not only has a profound effect on employee morale, company reputation and overall productivity but also leaves employers to bear the burden of lost wages due to employee absences and increased benefit payments, damage repairs, liability lawsuits and higher insurance rates, employers need to be as prepared as possible.

Taking a proactive approach in implementing procedures that address potential incidents allows employees a work environment that provides protection from harassment, threats and violence. There are many ways to implement safety measures in the workplace that can help to eliminate the risk of workplace violence—ranging from criminal record checks, substance abuse testing, reference checks, secure entrances, security assessments and employee training. The most important, however, is having an Emergency Preparedness Plan. Since these incidents are nearly impossible to predict, the primary components should educate your staff on the early warning signs of potential violence as well as how to respond when a situation does arise. Your plan might also include internal and external communication procedures, exit routes, evacuation plans, training drill procedures and a media relations plan.

Some additional protections that align with an Emergency Preparedness Plan:

• Identifying your organizations strengths and weaknesses and areas for improvement
• Assigning key personnel to act as emergency coordinators
• Creating Emergency Safety Kits
• Conducting drills on a regular basis

As a nonprofit leader, it’s your responsibility to provide a workplace free from harassment and bullying. Providing open and safe communication channels for discussing suspicious behavior, concerns and problems will go a long way in helping to prevent the unthinkable. Your main goal should be to reduce the probability of risk and ensure that any complaints that fall under the OSHA definition of workplace violence are handled promptly

For more information how to handle this growing epidemic, sign your nonprofit up for a free 30-day trial to ThinkHR, powered by UST HR Workplace.

Question: What should employers do to prepare for the anticipated January 1, 2020, effective date of new DOL white-collar exemptions?

Answer: On March 7, 2019, the U.S. Department of Labor (DOL) announced a proposed rule to update and revise Fair Labor Standards Act (FLSA) white collar exemptions by raising the salary level for an exemption from $455 per week ($23,660 annually) to $679 per week ($35,308 annually, among other changes.

The rule is expected to be adopted and become effective January 1, 2020. While it’s too early to make any actual changes in response to the proposal, it’s a good idea to start preparing now so you’ll be ready if it becomes law, as experts anticipate it will.

• Analyze cost impacts. You can begin to determing which employees are classified as exempt and ear $35,308 per year or less. Estimate the increased costs of either increasing their salaries to $35,308 per year or reclassifying the employees as nonexempt and paying overtime when they work more than 40 hours per week (or overtime hours worked based on your state’s overtime laws.) Again, hold off on any actual changes until the proposal becomes effective.
• Review job descriptions. Take a look at your organization’s job descriptions to ensure that they are accurate for the work that the employees actually perform. Update as needed. Review the classifications as exempt or nonexempt based on the “job duties test” as defined by the DOL.
• Forecast overtime. Talk with the impacted employees and their managers to get an estimate of how much overtime per week they actually work.
• Review your overtime policies. While employers must pay overtime per federal and state laws even if the overtime is not authorized, employers can limit the amount of overtime allowed and provide disciplinary action to employees who fail to follow policy.
• Measure productivity. Now that some exempt employees may be reclassified as nonexempt, ensure that the extra hours worked result in measurable productivity. Many exempt employees did not track hours worked previously and may have worked longer hours when not absolutely necessary. Since that time will now be compensable time, employers should ensure that the overtime is warratned based on business demand.
• Review meal and rest break rules. Those employees who will be reclassified as nonexempt will be required to comply with state or company mandated meal and rest break requirements.
• Review employee communications regarding plocies, the enforcement of such policies, and how you will communicate these changes to those employees who will be affected by the change in status.

Q&A provided by ThinkHR, powering the UST HR Workplace for nonprofit HR teams. Have HR questions? Sign your nonprofit up for a free 30-day trial here.

Nonprofit employers have been dealing with employee burnout for some time now but knowing what factors to focus on can go a long way in prevention. It’s a crisis that can trigger a downward spiral in both the individual’s performance as well as the organizations’ and can end up costing thousands of wasted dollars.  

Job burnout is a special type of work-related stress and one that has long been lacking official recognition even though it has nearly become an epidemic—until now. The World Health Organization (WHO), recently identified workplace burnout as an “occupational phenomenon” that may require medical attention. They state, that burnout is a syndrome conceptualized as resulting from chronic workplace stress that has not been successfully managed and characterize by three dimensions: feelings of energy depletion or exhaustion, increased mental distance from one’s job or feelings of negativism or cynicism related to one’s job, and reduced professional efficacy.  

Employees experiencing burnout at work are often physically, mentally and emotionally exhausted from the job. They are more likely to take frequent sick days, exude more negativity, reduce team moral and worse, start looking elsewhere for employment opportunities. They become fixated on problems rather than growth opportunities or development. Now, more than ever before, we’re doing more with less, working longer hours, taking fewer breaks and less vacation days. Burnout is a serious workplace concern and is detrimental to the health of everyone involved—managers, co-workers, loved ones and friends.

There are often many factors that cause job fatigue but managers play an important role in helping to avoid this occupational phenomenon. Employees who trust their managers are more likely to experience meaningful work. Below are some key strategies for building that relationship and reducing employee burnout:

1. Check-in daily – we’re not talking about a daily 30-minute meeting but a simple “Good Morning”, “How was the school play last night” or “Any plans for the weekend”. These brief interactions can make a huge impact on someone who may be struggling.

2. Listen actively – being a good listener when an employee comes to you with an issue is a critical step in earning their trust and developing a solid bond.

3. Make time for team-building – creating a team that is unified provides another line of emotional support for an employee who is struggling. Co-workers often understand better than anyone else the struggle of being burnt out.

4. Encourage break time – everyone needs to take a break to stay connected and focused so ensure your employees are taking the time to recharge.

5. Make work purposeful – being connected to your mission isn’t enough so give your employees more reasons for making their job feel important.

6. Always say please and thank you – two very simple terms that are extremely underused in the workplace. Showing appreciation and respect can go a long way.

7. Put the right people in the right place – make sure your employees have the opportunity to do what they do best so you get the best of what they have to offer and they feel fulfilled.

If you don’t address the causes of employee burnout in your nonprofit, you’re missing the opportunity to create a workplace environment that empowers employees to feel and perform their best. Employee burnout is no longer just an HR issue, it’s a public health issue and one that can be managed before it even hits. Develop healthy workplace habits that begin with managers who foster positive experiences and ensure you have policies in place that help recognize the triggers before they get out of control.

Question: We hire interns (generally students in their junior and senior years) to do professional work for clients alongside, and under the supervision of, our professionals. They earn at least twice the salary test wage of $455 per week and are paid on a salary basis. Are they eligible for overtime pay?

Answer: Maybe. The Fair Labor Standards Act (FLSA) and state wage and hour laws exempt certain categories of employees from overtime. These interns may qualify as exempt employees under the “learned professional” employee exemption.

To meet for the learned professional employee exemption and be exempt from both minimum wage and overtime pay, all of the following criteria must be met:

1. The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week.
2. The employee’s primary duty must be the performance of work requiring advanced knowledge.
3. The advanced knowledge must be in a field of science or learning.
4. The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.

See WHD Fact Sheet #17D: Exemption for Professional Employees Under the Fair Labor Standards Act (FSLA) for additional information explaining the learned professional exemption.

If the employees meet the exemption requirements, they would not be entitled to overtime. If the employees do not meet the requirements, it still may be possible that they qualify under one of the other white collar exemptions.

Q&A provided by ThinkHR, powering the UST HR Workplace for nonprofit HR teams. Get your free 30-day trial here.

Question: Last week our offices were closed because of inclement weather. Do we need to pay our employees for the week? If not, would they be eligible for unemployment compensation?

Answer: When your business closes early, opens late, or closes for the week due to inclement weather, how you pay employees will depend on whether you have an inclement weather policy or an established practice for office closures. If you do not have a policy or practice, whether your employees are eligible for unemployment compensation depends on whether they are nonexempt or exempt. Further, whether employees would be eligible for unemployment insurance depends upon the circumstances and the particular state; employees may be able to qualify for some assistance through the state’s unemployment department.

Nonexempt employees need to be paid only for the time they have actually worked. If they have paid time off (PTO) accrued (whether vacation time or a PTO plan), then the company could deduct hours from the accrued bank to continue their pay, if the employee so desires.

If nonexempt employees come to work but are not allowed to work their full scheduled shift, a number of states impose a reporting time obligation requiring employees to be paid a minimum number of hours if they have reported for work.

However, exempt employees are paid on a salary basis and must be paid the same amount each week, regardless of the amount of work that they do. If you have a PTO plan, you can deduct from the exempt employee’s vacation or accrued time off bank to make the salary whole.

For example, management decides to send everybody home four hours into the day due to a blizzard and the offices remain closed the next day. Joe is an hourly employee in the warehouse with no accrued PTO and Mary is an exempt-level office manager with five days (40 hours) in her PTO bank. Joe would receive the four hours of pay for the day he worked and no pay for the remainder of that day or the following full day. If the company does not wish to pay Mary her entire pay for the time the office was closed, it may elect for her to receive four hours of regular pay for the time worked, and deduct from her PTO bank for 12 hours (the four hours remaining on the first day and eight hours for the next day). Mary will receive her full pay for the week.

Q&A provided by ThinkHR, powering the UST HR Workplace for nonprofit HR teams. Get your free 30-day trial here.

Here at UST we’ve put together our Top 10 Guides for 2019 Nonprofit Human Resource management. And for a limited time, we’re giving them away for FREE.

Since 1983, UST has provided nonprofits with the latest HR resources in an effort to help organizations stay compliant, maximize employee bandwidth and reduce overhead costs. This toolkit includes updated 2019 state and federal minimum wage data and recordkeeping requirements, as well as checklists to ensure compliance. Plus, you can learn the top six strategies to develop and maintain a thriving workplace.

• State and Federal Minimum Wages
• Federal Recordkeeping Requirements
• ACA Checklist
• HR Audit Checklist
• HR Compliance Chart
• An Introduction to Employee Benefits
• Emergency Preparedness Plan
• UST Competitive Hiring Practices eBook
• Webinar Recording: Nonprofit Recruitment and Retention Best Practices
• Unemployment Cost Analysis Form

Still have questions? You can get a free 30-day trial of UST HR Workplace powered by ThinkHR, a cloud-based service that aims to reduce HR liability through a live expert hotline, 250+ online compliance courses, compensation tools, employee handbook builders, and employee classification step-by-step guides. Set up your ThinkHR trial today!

Question: How can you determine whether a worker is an independent contractor or employee?

Answer: Generally, independent contractors are self-employed individuals who work on special projects that require no training, may work from either the employer site or another location, and do not need direction or the company’s materials to do the job. Additionally, these individuals are typically paid based on contract milestones.

Under federal “common law” rules, anyone who performs services for you is your employee if you can control what, when, and how the work will be done. This is true even if the person in question has the freedom to determine when certain work actions are taken. According to the IRS, “What matters is that you have the right to control the details of how the services are performed.”

Some states look to the federal common law rules, while others, such as Oregon, New York, and California, have their own additional tests of whether an individual is an independent contractor or employee. Many states publish fact sheets or handbooks with these guidelines to aid employers in making the appropriate classification.

The key in making this determination is to look at the entire relationship, consider the degree or extent of the right to direct and control, and finally, document each of the factors used in coming up with the determination.

In determining whether the person providing service is an employee or an independent contractor, all information that provides evidence of the degree of control and independence must be considered. In short, you will want to examine this decision carefully, so as to avoid tax consequences by misclassifying someone as an independent contractor.

Source: www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Employee-(Common-Law-Employee)

Q&A provided by ThinkHR, powering the UST HR Workplace for nonprofit HR teams. Get your free 30-day trial here.