Considering Abolishing Employees Performance Review?

There is a new trend among employers to abolish the performance review in their organization. Both managers and employees complain about the annual ritual and many employers have said “enough!”

Managers complain about the time it takes to complete reviews, despite the implementation of technology and other efforts to make the process more efficient.

A problem we often see is that most managers don’t like being honest with employees about their shortcomings or areas where they may need improvement!

Employees often find the process awkward, being summoned to the bosses office to review their last year of work. The problem can become compounded when the manager cannot facilitate a meaningful conversation about the employee’s performance and productivity over the year.

As we begin the new year, here are some reasons why you should keep the performance review:

Employees Have the Opportunity to:

1. Have a clear picture of what is expected of them

1. Discuss priorities
2. Receive feedback on their performance
3. Be heard and respected
4. Be offered constructive guidance on attaining agreed upon goals
5. Receive help in constructing personal development plans and targets
6. Take ownership for their performance.

Managers will use the Employee Review Discussion as an Opportunity to:

1. Learn at first hand about the way the employee works and performs

1. Get a better understanding of the employee's potential and needs
2. Motivate the employee
3. Develop a consistent approach to guidance and encouragement
4. Tackle problems more effectively
5. Improve the communication process

Reviews are often the basis for determining compensation, justifying terminations, formalizing career development plans, and identifying top talent for succession planning. When done right, the review provides a consistent and objective method of evaluating all these areas.

Reviews provide an opportunity not only for managers to look backward to the performance of the prior year, but also to look forward to developmental opportunities in the coming year.

Employers should continue to provide this opportunity to both the managers and employees to not only reflect upon the prior year but to plan for the new year.

Lauren Sims is the author and a Principal HR Consultant with eqHR Solutions.

Whenever you require Human Resources or Payroll advice or help to navigate the ever-changing landscape of California and Federal Employment Laws & Regulations, call us for a no obligation consultation.

eqHR Solutions provides tactical and strategic human resources support; management training;  ADP payroll product training. Services are provided for all size businesses in Southern California.

Don’t Rule out Unpaid Leave as an ADA Accommodation

Under the Americans with Disabilities Act (ADA), an employer must consider granting unpaid leave as a reasonable accommodation if the employee requests the accommodation.

Many employers will only provide leaves that they are required to provide under the Family Medical Leave Act (FMLA) or the California Family Rights Act (CFRA) without considering that they may have to require additional leave under the ADA.

An unpaid leave of some limited duration, however, may be considered a reasonable accommodation in most cases.

When granting such a leave as an accommodation, have a conversation with the employee and prepare to be flexible. What is reasonable will depend on the nature of your business and how the employee’s position fits into your organization. A job description will be helpful in determining how the need for leave is the best accommodation you can provide for an employee who cannot perform the essential functions of their position.

You cannot make this determination without talking to the employee, gathering medical information, and making an informed decision about what works best for your company. The bottom line is to work with the employee and the medical caregiver to determine how long an employee needs to be off work, and make the best efforts, within reason, to accommodate the necessary leave for employees who qualify for protection under the ADA.

An indefinite leave of absence, one from which neither the employee nor his or her doctor can provide a date upon which the employee can return to performing the essential functions of the position, will probably be considered an unreasonable accommodation under the ADA.

There have been lawsuits recently against employers who did not consider unpaid leave as an accommodation and the EEOC ruled in favor of the employee, so employers should be mindful when considering these requests, and not violate the ADA.

Lauren Sims is the author and a Principal HR Consultant with eqHR Solutions.

When you require Human Resources or Payroll advice call us for a no obligation consultation.

eqHR Solutions provides tactical and strategic human resources support; management training, and ADP payroll product training. Services are provided for all size businesses in Southern California.

Are You doing Business within the City of Los Angeles?

Understanding the Fair Chance Process

Employers that are located or doing business in the City of Los Angeles and have 10 or more employees will need to take immediate steps to comply with the requirements of a new ordinance.

The “Fair Chance Initiative” ordinance imposes strict conditions on how and when employers can obtain criminal history information and also mandates a new poster for Los Angeles employers.

The ordinance is effective January 22, 2017.

Under the ordinance, employers in Los Angeles are prohibited from asking about criminal history on job applications. An employer is also prohibited from asking about or requiring disclosure of an applicant’s criminal history until a conditional offer of employment has been made.

After a conditional offer of employment is made, the employer can ask about criminal history information. However, the employer cannot take any adverse action, such as withdrawing the job offer, against the applicant because of the applicant’s criminal history unless procedures, known as the “Fair Chance Process,” are followed.

The City of Los Angeles ”Fair Chance Process” includes:

1. The employer must complete a written assessment that links the specific criminal history with risks inherent in the duties of the position sought by the applicant.
2. The employer must allow the applicant the opportunity to provide information or documentation to the employer about the accuracy of the applicant’s criminal history. Also, the applicant must be allowed to provide information or documentation, such as rehabilitation or other mitigating factors, which should be considered in the employer’s written assessment.

The employer must provide the applicant with written notification of the intent to withdraw the offer and a copy of the written assessment the employer prepared. The applicant must then be given at least five business days to complete the process and to provide any additional information or documentation to the employer.

The ordinance also requires employers to state, in all job solicitations, postings, and advertisements, that the employer will consider applicants in a manner consistent with the requirements of the Fair Chance Initiative.

Employers must post a notice in every workplace, job site or other location in the City of Los Angeles that is visited by applicants, informing applicants of their rights under the ordinance.

Actions for Employers who Have Employees in the city of Los Angeles

• Update all job postings and advertisements to include the required statement of compliance.
• Ensure your employment applications do not request criminal history.
• Do not ask applicants about criminal history during the application or interview process, and do not try to obtain such information through any other means.
• Post required notification in all Los Angeles locations where applicants will see it.

Lauren Sims is the author and a Principal HR Consultant with eqHR Solutions.

Whenever you require Human Resources or Payroll advice or help to navigate the ever-changing landscape of California and Federal Employment Laws & Regulations, call us for a no obligation consultation.

eqHR Solutions provides tactical and strategic human resources support and ADP payroll product training. Services are provided for all size businesses in Southern California.

Now I have to worry about My Company's Toilet!

Are you ready for Assembly Bill 1732?

The California bill, which goes into effect March 1, 2017, requires all single-user toilet facilities in any business establishment, place of public accommodation, or government agency to be identified as all-gender toilet facilities.

What should employers do?

Ensure that any single-use toilet facilities are identified as all-gender toilet facilities, and designated for use by no more than one occupant at a time or for family or assisted use.

Single-user toilet facility is defined as a toilet facility with no more than one water closet and one urinal with a locking mechanism controlled by the user.

There has been an ongoing conversation, both within the LGBT community and without, on how best to include all people under the ADA guidelines for accessible bathrooms. California schools and other government agencies have already been using gender neutral wording and symbols on restroom signs.

California, in passing this legislation, is taking a stand in the national debate and now employers must ensure they are in compliance.

Lauren Sims is the author and principal HR Consultant with eqHR Solutions.

Whenever you require Human Resources or Payroll advice or help to navigate the ever-changing landscape of California and Federal Employment Laws & Regulations, call us for a no obligation consultation.

eqHR Solutions is a leading human resources and payroll consulting firm, providing tactical and strategic human resources employment support and ADP payroll product training. Services are provided for all size businesses in Southern California and the San Francisco / Bay area.