MEETING MINUTES – September 8, 2004

Minutes of the Regular Meeting of the Association held on Wednesday, September 8, 2004  at the Renaissance Hotel in Asheville.  Should you have any questions, comments or corrections, please contact Bridget Downey PHR.

BUSINESS MEETING

Chapter Business:

Our Chapter Vice President – Programs and Newsletter Editor, Carol Rovello, welcomed members and guests.

Holly Waltemeyer and David Mitchell spoke about UNCA’s Intern Program and announced their October 26, 2004 Career Fair for current students and alumni.

Frank Pomeroy introduced himself as the Vendor of the Month. Frank’s business, Comforce Staffing Services of Asheville, has been a leading provider of staffing, outsourcing and consulting solutions for businesses in the Asheville area for over 20 years. Known for providing employment services of the highest quality to both customers and applicants, Comforce provides its associates with flexible employment options in temp-to-hire, direct hire, temporary and long-term contract positions in Medical Office Support and Clerical & Accounting Support. By specializing in these two areas, Comforce is able to focus on providing experienced, competent workers. As an extra bonus, Comforce will help businesses reduce their payroll taxes by paying them for you! Ask Frank for the details.

Note: Reliable sources have confirmed that Dr. Dimwitt will be calling on area offices again this Halloween. Be on the lookout for this holiday tradition.

WNCHRA is seeking dedicated committee and board members. Please contact Renee Anderson if you are interested in becoming more involved with our organization.

Program Highlights:

Carol Rovello introduced our speaker, Jonathan Yarborough, a specialist in Labor and Employment Law with the firm of Constangy Brooks & Smith, LLC. He provided our group with valuable tips on employment do’s and don’ts. Because 33-40% of the federal docket is filled by employment-related issues, it is important not to make the following Mistakes:

Hiring overqualified employees. It is not discrimination to refuse to hire someone who is overqualified.

Failing to conduct background checks. We hire our own mistakes. Be sure to comply with the FCRA.

Asking illegal questions, and failing to train supervisors or other potential interviewers on inappropriate questions.

Failing to follow internal protocols for hiring and promotions.

Do look at your job descriptions to make sure they are accurate and adequate and do follow a standardized interview process.

Policies downloaded without reviewing and fitting them to your organization.

Failing to stay on top of legal updates.

The “We are Family” approach – no policies, not even absence or attendance.

Do be sure your policies are frequently reviewed and well-communicated.

In a case initiated by the Solicitor of Labor, the client was found to have kept absolutely no records of hours worked or overtime paid. The case obviously didn’t go well for the client.

When it comes to applicants, know the difference between a record retention policy and active consideration.

Do visit Constangy Brooks & Smith, LLC website.for record retention guidelines.

Blocking an employee’s access to leave the room could earn you a false imprisonment charge.

You can terminate an employee any day of the week. It’s not when but how it’s done. Avoid humiliation at all costs.

Any terminations around the holidays will be perceived as callous.

Juries usually consist of employees, not employers. That puts the burden of proof on the employer. Documentation is that proof.

Documentation should be done at or near the time of an event, when memories are freshest.

Be sure the necessary facts are included in the documents. Several years down the road, nobody will know which Bob or Jennifer you are referring to if you do not include a last name.

Be careful of missing or incorrect dates.

Avoid grade inflation. Everyone can’t be above average.

Train supervisors on what to write.

Remember that in everything is discoverable.

With the new FLSA regulations, now is a good time to audit HR practices.

An employee being paid a salary doesn’t necessarily make him/her exempt.

Be careful of off-the-clock work. This falls into the category of “you knew or should have known”.

Employees are losing more ADA claims, so FMLA claims are a more popular tactic.

Be sure to document absences.

Provisionally classify an employee’s leave as FMLA until you receive the necessary documentation.

Don’t take “serious health condition” literally.

Read the regulations.

Don’t sweat over current employees. Just correct the situation going forward.

Be aware that most problems happen when an employee turns into a former employee.

It is far more expensive to be sued than it is to train up front.

With no further business, the meeting was adjourned.