Tag Archives: Family and Medical Leave Act of 1993

Recruitment: How To Hire Star Performers (Free Webinar)

hiringBased on the success of my initial two webinars last month, Rick Dacri is offering a third complimentary webinar on Hiring Star Performers Every Time. It is scheduled for Tuesday, October 22 at Noon, EDT and you can register by clicking Hiring Stars.

Among the topics covered in this webinar:

  • Understanding what it takes to make a great hire
  • Developing a positive recruitment brand
  • 7 musts needed to improve your overall recruitment program
  • Hiring solid candidates every time
  • Interviewing so you know what you’re getting
  • Getting a “yes” with every job offer
  • Getting meaningful references

To enroll, click Hiring Stars

 Here’s some feedback from previous webinar attendees:

  • It was excellent, clear, easy to understand and follow, applicable in many areas and overall very interesting. Thank you
  • EXCELLENT as Rick Dacri always is!
  • This was incredibly informative and I would love to attend more!
  • The program is great because it triggers you to look into areas of the organization that need improvement.
  • Thank you, Rick. Well paced and informative.
  • Nice work Rick! Enjoyed the presentations.
  • Great information to have for managing a business. You are a great resource for questions.
  • Overall, a good basic refresher. Well organized.
  • Great tips and information.
  • As always, a wonderful Rick Dacri presentation – just the right amount of information and appropriate stories to illustrate the point.
  • For an hours time the information covered was very valuable.
  • The content of both seminars was incredibly helpful. Found the content on hiring right, training managers to interview well and addressing problematic performance important and useful.
  • It is good to have a better understanding of the HR side of the business and how to avoid potential problems

The most important responsibility of any manager is to recruit top-notch talent. The success of your organization is dependent upon it. Yet, even in an economy with high unemployment, it remains difficult to find qualified candidates who can make an immediate contribution to your organization.

This webinar will provide you with the information and advice on how to develop a comprehensive recruitment brand and program to ensure that you have a steady stream of great hires—every time.

Again, this webinar is free. However, you must preregister. And you should feel free to notify your professional colleagues and encourage them to enroll. Once again, to enroll click Hiring Stars.

I hope you’ll register now.

P.S. Still have questions? Just send me an email or give Rick Dacri a call (my direct line: 207-967-0837), and I’ll be happy to address and questions or concerns you may have.

To listen to the previous webinar on Legal Pitfalls, click Webinar.


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Filed under Management, Recruitment

Avoiding Legal Pitfalls (Webinar)

hammer1(This webinar, which you can listen to now, was presented by Rick Dacri, originally on September 17, 2013)

Managing people effectively is a major challenge for every manager. In this webinar, you will learn how to address 5 critical performance and compliance issues faced by nearly all managers—giving you the confidence and knowledge to immediately apply these new skills.

Specifically, you will learn

  1. How to hire right
  2. How to control and reduce workers’ compensation costs
  3. How to deal with alcohol & drugs in the workplace
  4. How to prevent FMLA abuse

This webinar will last approximately 60 minutes. To watch and listen, click webinar.


Filed under Compliance, Employee Relations, Management

Handbooks: Time to Update

Image 2(This post was written by Rick Dacri on September 16, 2013)

Changes in the laws, along with legal and regulatory changes, make it important that you take a comprehensive look at your employee handbooks and policy manuals. It may be time to make revisions or add new policies.

While there is not a fixed time to review your handbook, an annual audit is a good standard unless you have recently changed internal company procedures, benefits, pay or working conditions or there have been compliance changes that will impact your workforce and business.

While not an exhaustive look, I wanted to outline some of the key issues I have found when I have reviewed some of my client’s handbooks and policy manuals:

  1. Policies  do not reflect actual practices.
  2. Social media polices either do not exist or do not reflect the mandates handed down by the NLRB. It must be noted, even if you are not unionized, you must comply with the NLRB.
  3. Employee handbook receipts are too broad. Again, these recent NLRB findings now necessitate revising the receipt to simply state, “I acknowledge receipt of the handbook” and nothing more.
  4. Benefit changes are not reflected in the handbook and handbooks and benefit plan documents are not consistent.
  5. Sexual harassment policies do not make clear that employees will not be retaliated against for raising claims of harassment or discrimination.
  6. FMLA polices do not reflect the amendments providing leaves for qualified exigency or for serious illnesses or injury of a covered service member.
  7. Policies are in place prohibiting employees from discussing wages, hours, benefits, working conditions and treatment by supervisors. None of these acts can be prohibited.
  8. Changes in many state laws around concealed weapons should be noted in your handbook and may now require modifications to existing polices on weapons in the workplace and workplace violence polices.
  9. Changes in state laws on the use of medical marijuana may requires changes in you drugs in the workplace policy.
  10. Break time for nursing mothers and appropriate areas for lactating should be included in your handbook.

Review your handbook to ensure that it and all your polices address state and federal laws, regulatory changes and court findings as well as your internal company procedures and guidelines. Bring in outside expertise to ensure that you are in compliance. Once completed, make the appropriate changes, train your supervisors around the changes and brief your employees. Do this annually.

If you need help reviewing your polices and handbook or if you need to develop a handbook, I can help you. Call me or click Dacri & Associates.

If this post was helpful, you may want to also read these posts:

  1. Surveillance Cameras: Can I Watch My Employees?
  2. Maine Allows Concealed Weapons in Employees Vehicles
  3. Medical Marijuana Law


Filed under Compliance

Fall Means Final End of Year Check-Up On Your Business

images(Posted by Rick Dacri on August 28, 2013)

The summer is nearly over and now it’s time to look forward to the fall. I wanted to check in with you and suggest a check-up on your operation. The economy continues to heat up and there’s a lot happening, so I wanted to take a moment to provide you a brief list of important items you should be focusing on to help you make managing your business a bit easier:

1. Turnover is Increasing: With an improving market, there is strong evidence that employees are feeling more confident and many, particularly coveted star performers, are beginning to look to make job changes. That’s not good for you.

Advice: Make sure your managers and supervisors are focused on employee retention. Implement a progressive retention program and initiate an annual employee satisfaction survey to take a pulse of your organization.

2. ACA Deadlines: Deadlines for the Affordable Care Act are upon us.  


My Advice: Make sure your plan meets all the new requirements and plan to provide employee education programs. You may also want to change your new enrollments dates and your benefit eligibility requirements. Update your classifications for full-time and part-time employees and evaluate whether it makes sense to restructure your staffing to address “pay or play” thresholds.

3. Evaluate Your Hiring: As the economy expands, you may find the need to add staff. With an improving economy, finding good people is proving more difficult.

My Advice: Continue reading

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Filed under Leadership, Management

Health Insurance: Can You Mandate Full Premium Payments?

(Post by Rick Dacri, July 22, 2013)

This question came through my HR HelpLine.

 Client HR HelpLine Question: We currently pay the entire premium for each employee that is enrolled in our group health insurance plan. We recently had an issue arise when an employee had discussed with us that he might have elective surgery on his foot and would be out of work for an extended period of time. The employee decided against the surgery at this time, but it brought up an issue that we hadn’t previously considered. Can we put an addendum in our employee handbook that states that if an employee has elective surgery not related to any work-related injury and will be out of work for an extended period of time (say several weeks) that the employee is responsible for their health insurance premiums while not working? Also, if an employee takes a leave of absence can we do the same? What is the best way to handle this?

Expert Advice: Since you are an employer with 25 employees the federal Family and Medical leave Act is not applicable. That law would have mandated that you continue to provide coverage for the employee for up to 12 weeks at his normal contribution. You do, however, fall under Maine’s Family and Medical Leave Act. This law applies to private sector employers with 15 or more employees at a single location within the state and covers employees who have worked for you for more than 12 consecutive months. In this case, he has.  Under the Act, you must provide up to 10 weeks of unpaid family medical leave and your employee must be allowed to continue his health benefits while on leave at his own expense (continuation of group life and disability insurance must also be allowed). Obviously you could opt to continue to provide benefits for the employee at the employer’s expense too.

Before you change you policy to require your employee to pay the full cost of his health insurance, I would advise that you first discuss this option with your health plan carrier/broker to determine if your current summary plan description would allow the employee to pay the full premium while out on a leave of absence.

Once you hear from your broker and if your plan allows this, you should put in place a policy that specifically addresses the payment of health benefits while an employee is on a leave of absence. Finally, for extended leaves, COBRA rules kick in.

To summarize, you can mandate the employee to pay the full cost of the premium, as long as your plan document permits this. Assuming you opt to do this, create policy and communicate it to your workforce.

If you need expert advice, contact the HR Helpline. I provide practical operational advice, not legal advice, on how to address all your difficult employee issues. 

Other posts you might want to read:

  1. Compliance: 6 Problem Areas For Employers
  2. Affordable Care Act: What’s Delayed and What’s Not
  3. HR HelpLine: When You Need Expert Advice

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Filed under Compliance, Uncategorized

Supervisor’s Mistake Opens Company to Lawsuits


Posted by Rick Dacri, July 10, 2013

Mistakes by supervisors often result in lawsuits. In the course of their regular job functions, such as hiring, firing, disciplining, evaluating, or administering leave (FMLA and workers’ comp), they can expose employers to claims of discrimination, harassment and retaliation. And often times, they do or say things that they did not even know were improper.

Equal Employment Opportunity Commission (EEOC) claims against employers have been increasing each year, along with big-ticket dollar settlements. To protect your organization, companies should invest in training their supervisors and managers. When supervisors know what they can and cannot do, you reduce the chance of them exposing the company to an expensive lawsuit.

Managing people is hard. Simple mistakes can be costly—but with knowledge, they can easily be avoided.

If you would like to learn more about how I can help you, click Dacri & Associates.

Since you’ve read this far, you may want to sign up for our free electronic newsletter. Click The Dacri Report.

Other post you may want to read:

Harassment Training: What Must be Included

Harassment Prevention Training: Recent Cases Remind Us of Importance

Compliance: 6 Problem Areas for Employers




Filed under Compliance

Workers’ Compensation Nightmare: Case Study

Rick Dacri

Rick Dacri

Posted by Rick Dacri, July 5, 2013

imagesWorkers’ Compensation claims can be very difficult to manage. I want to present an actual case to you, where you can watch how, what on the surface should be a straightforward claim, can quickly morph into an expensive, compliance quagmire. This case was first presented to me by a client who has my HR Helpline service. It’s the case of Gene.

I will outline the case to you and will the give you an opportunity to decide how you would handle it before I show how the case was resolved. OK?

The Facts of the Case:

Gene was an average full time maintenance person at my client’s small manufacturing facility (80 employees). Gene had ongoing performance problems, but his supervisor never addressed them.  In the previous weeks they seemed to have gotten worse.  Gene had been with the company for 5 years, had been “passed” from department to department, and frankly the owner would love to get rid of him.  On Thursday she met with him to discuss her concerns about his performance.  Gene was a bit taken back by the discussion, but generally seemed to accept it.  On Friday everything seemed fine.  On Monday morning Gene called in and said he was going to a doctor about his back.  He said he felt a pull on Friday while moving some boxes but thought nothing of it until it started getting sore over the weekend.  On Monday afternoon he called back and told the owner that his doctor told him he had a potential herniated disc and he should rest until he could be reevaluated in three weeks. My client believed he was faking it.

What would you do? 

Outline all the issues and laws that must be considered as you begin to analyze this case, then read what actually happened below.

Figured out the issues and what you should do?

My Advice: Continue reading


Filed under Uncategorized