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  • Do You Have a Pay Strategy for Your Remote Workforce?

    A 2021 survey by the consulting agency beqom found that 80% of U.S. workers expect their employers to let them work remotely multiple days per week. Most respondents, 65%, also said they would accept a pay cut to work remotely. Additionally, a 2021 survey by PayScale revealed that 65% of employers are permitting employees to work from home as needed. However, 81% of employers do not have a pay strategy for remote workers. According to PayScale, most employers "consider work done from home to be as valuable as work performed in an office, and 69% say they will not be lowering pay for remote workers." Most of the remainder are still making up their minds about whether to create a separate pay scale for work-from-homers. Nonetheless, industry experts say that employers should adopt a pay strategy for their remote workers, especially since location-based compensation strategies are growing in popularity. The key is to ensure that the remote-work pay strategy is fair, consistent and competitive. Traditionally, employers take the following into consideration when setting salaries: Skills. Experience. Education. Industry demand. Market rate. Location. While all these factors are still relevant today, location is under increased scrutiny because remote employees often don't live in the same areas. Newport Retirement Services, an advisory firm, offers three approaches to setting pay for remote employees in different locations: Paying salaries based on headquarters location: Set pay rates based on the location of your main office or regional offices. You can also assign pay ranges according to the office that's closest to your remote employees' locations. Paying all employees a standardized salary rate based on the pay scales in the company headquarters location could mean losing the competitive advantage of lower labor costs abroad, but is aimed at pay equity. However, it may still be perceived as unfair by employees in regions or countries where salaries are normally higher. Paying localized salaries: Set pay rates based on the employee's remote-work or residential location. For example, if an employee lives in a labor market with above-average salaries, you may need to adjust their salary accordingly in order to keep them from being tempted away. Paying employees localized salaries based on the local market rates in their geographic location takes into account varying costs of living across different countries. However, this may be perceived as unfair by employees in lower cost areas compared to higher cost of living areas. It also presents challenges in adjusting salaries for employee relocations. Paying a global or national median: Set pay rates based on the U.S. national level, and raise them as needed. This option may be appropriate for employers in locations with moderate labor costs. But if you relocate an employee to an area with a much higher cost of living, then you can adjust the employee's pay upward to account for their higher cost of living. On the other hand, if you relocate an employee to an area with a much lower cost of living and their job description has not changed, then no location pay adjustment is needed. Calculating the median salary rate across all employee locations and paying that standard rate to all employees regardless of location eliminates geographic pay differences but may still be seen as unfair by some employees. This strategy also lacks competitiveness in attracting top talent, and the median will need recalculating as the team expands to new locations. When building a pay strategy for remote employees, it's important to: Follow applicable federal, state and local equal pay laws. Avoid discriminatory pay practices. Confer with legal counsel to ensure the strategy is clear and legally sound. Incorporate the remote-work pay policies into your employee handbook. Communicate the policies to your hiring managers and remote employees. Tips for making equal pay a reality Tips for implementing equal pay strategies include: Consider long-term impact on compensation strategy. Focus on performance over location. Openly communicate strategy. Align strategy with company goals. Check local compensation laws. Don't be afraid of radical changes. Recognize there is no one-size-fits-all solution. FIC Human Resource Partners' Nuance Workforce Solutions can help ensure that the remote-work pay strategy utilized by your organization is enforced in a fair, consistent and equitable manner. Signup for the newsletter

  • Unconscious Biases to Avoid in the Workplace

    Before we begin, it’s important to define unconscious biases. According to the University of California San Francisco’s website, “unconscious biases are social stereotypes about certain groups of people that individuals form outside their own conscious awareness.” Just as important is the fact that “everyone holds unconscious beliefs about various social and identity groups, and these biases stem from one's tendency to organize social worlds by categorizing.” Now, the main problem with unconscious biases is that they have the potential to cloud people’s judgment-making abilities and result in poor decision-making outcomes. How unconscious bias impacts the workplace One study in particular found that employees may respond in the following ways if they perceive themselves as being the victim of negative unconscious biases at work: Withhold new ideas and solutions from their employer. Refrain from referring others to available positions with the company. Look for another job and quit as soon as possible. These are not preferrable outcomes for many reasons, namely because they can result in numerous retention issues, which are not only time-consuming but also expensive on part of employers. Therefore, it is imperative that employers understand the concept of unconscious biases and the disadvantageous side effects that stem from them. To help you better understand unconscious biases, we have included eight different types of bias down below. Keep in mind that these biases are categorized as unconscious but that doesn’t mean they cannot occur consciously as well, so awareness and responsibility of your own biases is key. 1. Gender bias When people are treated differently based on a certain detail that sets them apart, bias is at play. Treating employees differently in the ways they are recruited, compensated, promoted and disciplined at work based on gender is indicative of gender bias. 2. Racial bias According to Healthline, “racial bias happens when attitudes and judgments toward people because of their race affect personal thoughts, decisions, and behaviors.” In other words, racial bias results in discriminatory behaviors towards people based on their skin color and background in ways that are beyond unfair and inappropriate. 3. Age bias This is a form of bias that refers to the act of making assumptions about someone solely based on their age. As an example, the internal belief that younger employees cannot be entrusted with the responsibility of leadership roles, or that older employees do not have the capacity to understand or value technology in the workplace, are two forms of age bias. 4. Confirmation bias Per an SHRM article, confirmation bias is when “our views are influenced by people around us and usually occurs when we are seeking acceptance from others.” For instance, if an employee agrees with a fellow coworker about their coworker’s opinion on a work-related project because the employee wants to be friendly despite secretly disagreeing with the other person, the confirmation bias stems from agreement for the sake of friendship, not authentic agreeance. 5. Affinity bias When an employee favors a fellow employee simply due to the fact that they share similarities with one another, affinity bias is at play. For instance, if a hiring manager selects a certain job applicant over another because they have similar hobbies and interests, then the hiring manager is operating from a place of affinity bias. 6. Appearance bias When someone judges another person and then acts on those judgements based on physical traits, such as weight, height, skin color, hairstyle or subjective level of attractiveness, the person forming the judgments is engaging in appearance bias. A work-related example of appearance bias would be hiring someone strictly because they are deemed to be physically beautiful or attractive, meaning they are offered a position based on how they look rather than their job competencies. 7. Horns effect bias When someone perceives a negative trait in another person and then uses that one trait to form other negative assumptions about that individual, horns effect bias is at play. For instance, say an employee calls in to let their employer know that they are running late one morning. From there, if their boss then goes on to view them as being an unreliable employee, even though they have a reasonable excuse. 8. Halo effect bias The halo effect bias is the polar opposite of the horns effect bias, meaning the halo effect causes people to let one good detail about a person cause them to assume multiple other positive things about that person regardless of whether those assumptions are accurate or not. The problem with this type of bias is that those other “good” assumptions may be wrong, leading people to think more highly of individuals than they otherwise would. Keep in mind that there are many other forms of biases that can arise in the workplace, both consciously and unconsciously. These eight examples are just a handful of the many possibilities, and it’s important to be mindful of how bias may arise in the workplace to avoid treating people unfairly at work. FIC Human Resource Partners' Nuance Culture Academy can help you learn which unconscious biases may be held within your organization and how to combat those biases to create a culture of inclusion and belonging. 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  • Should You Give Your Employees Unlimited PTO?

    Unlimited paid time off is a way to signal to employees that your firm is flexible about them taking time off as needed so long as it doesn't disrupt business. PTO, thus, becomes a way to reward the productive use of work hours. In brief, if employees' work has met expectations and they've coordinated their leave with others to ensure the absence won't impede the business, they're free to take leave. The policy avoids putting a hard cap on the amount of time an employee can take off each year. With time off for non-emergency reasons: Establish your own rules for implementing the policy. Set a specific process for requesting leave. Ask employees to plan for any time off. If they want an extended leave period — several days or weeks — your business may need time to prepare. The longer the lead time, the better your business will be prepared. Tell employees to speak with their managers and any co-workers they regularly interact with to plan how to deal with time off. Explain that if there are reasons an employee is needed at a time targeted for PTO, the worker should show respect and not demand the time off. Long preparation is important so no one's PTO disrupts the firm's production or workflow. Preparation in advance may mean alerting clients that their rep will be away and who the alternative is in case of an emergency. Your policy should consider concurrent absences — how to deal with two employees who want the same days off. The plusses and minuses of unlimited PTO Among the positives of PTO are: Efficient time management. Workers will stay focused and manage their days well so they can take time off when they're finished. Increased productivity. Employees will want to make the most of their time and work efficiently and effectively to set up their next time off. Longevity. Workers will stay in their roles longer. Recruitment. Employees will recommend your company to other people who are attracted by this benefit. More communication. Employees are more likely to be informed about what others around them are doing and what's expected of them. Less administration time. You'll reduce the hours you spend tracking employee time off. No pressure to come to work sick. PTO may include paid sick days, so workers can take the time they need to get healthy and make up the work when they return. (But check with your state laws—some regulate PTO, requiring paid sick time to be separate from vacation days. And some ban use-it-or-lose-it policies.) Work-life balance. PTO gives employees more time to pursue their passions. Studies show employees who take PTO experience less stress and are happier at work. Avoid the end-of-the-year rush. Workers won't feel pressure to take days off at the end of the year if they feel comfortable taking them when convenient. And the negatives Unlimited PTO can backfire with some employees who end up taking less than the standard two weeks off because they feel uncomfortable declaring they've completed their work and their schedule is free. Without a policy that includes rollover into the next year, workers who are leaving may want to negotiate time-off value as part of their severance. You can maintain that they could have taken their time off. How about workers who feel they're doing too much work while their co-workers frolic? Your policy should consider workloads and fairness. Establishing trust with employees helps unlimited PTO work, as does communication to rid your policy of any ambiguity. Trust can be empowering for workers because it shows you respect their ability to make decisions on how they allocate their time. Be prepared for questions and concerns — and gather feedback. Team members can enjoy vacations, knowing they did everything to let your firm continue until they return and without harming their standing at work. For help creating pto policies and managing PTO for your team, contact our Nuance Workforce Solutions team.

  • Fostering a Culture of Responsibility

    Personal responsibility and accountability are profoundly impactful mindsets that enable employee growth, leadership, and organizational success. When individuals fully own their choices and behaviors, they unlock their greatest potential and strengthen their character. Accountability means acknowledging the outcomes of one's actions, both positive and negative. Taking responsibility fosters a sense of personal empowerment and autonomy. Employees recognize their own impact on results, which motivates continuous improvement and skill refinement. They feel invested and dedicated when granted responsibility over outcomes. Responsibility requires aligning behaviors with personal and corporate values. Employees who demonstrate unwavering commitment to ethics build tremendous trust and credibility. They become known for integrity, reliability and avoiding blame shifting. Leaders with fortified moral character inspire emulation in others to act ethically. Responsible employees understand their duty to make principled choices. They reflect seriously on aligning actions with their moral compass. Responsibility grounds leaders in values-based decision making, especially when convenient paths exist. When people recognize their responsibility over outcomes, they gain motivation and empowerment to excel. Responsibility reframes work as a personal mission. Employees experience fulfillment when entrusted to shape roles while upholding standards. Growth becomes self-propelling as responsibility connects efforts to purpose. Employees who shoulder responsibility demonstrate tenacity, innovation and loyalty. They feel deep connection to the work, leading to higher quality outputs. Responsibility allows people to actualize their potential often beyond what they thought possible. By making each employee accountable for ethics, growth and results, organizations gain motivated, empowered, high-achieving teams. A culture rooted in responsibility brings out the best in people and drives sustainable success. Contact our Nuance Culture Consulting team for guidance on how to foster a culture of responsibility that encourages the best performance from your team.

  • Avoid Incomplete or Disorganized Employee Records

    Every employer covered by the Fair Labor Standards Act must keep records for each covered nonexempt worker. There's no required form, but the records must include accurate data about the employee and hours worked plus wages earned. Once you've complied on a federal level, thoroughly research your state-specific requirements for each location you operate in. The scope and length of recordkeeping requirements may vary from federal obligations. Many states require pay stubs, either printed or electronic. Here's a list of basic records you need to maintain: Employee's full name and Social Security number. Address, including ZIP code. Birth date if younger than 19. Sex and occupation. Time and day of the week when the employee's workweek begins. Hours worked each day and total hours worked each workweek. Basis for wages paid. Regular hourly pay rate. Total daily or weekly straight-time earnings. Total overtime earnings for the workweek. All additions to or deductions from the employee's wages. Total wages paid each pay period. Date of payment and the pay period covered by the payment. Generally, you must report forms of compensation to the IRS. Employee pay includes more than salary, overtime and bonuses. The biggest issue is forgetting to detail smaller exchanges that are outside the standard or hourly payment, like not reporting sales incentive gifts. Even if it's just a $25 Starbucks gift card, the IRS wants to know about it, and not reporting it may result in penalties and tax liability. How to be complete Having incomplete or inaccurate records is a costly expense. Accurate recordkeeping is a must-have when it comes time to file taxes. How long should records be retained? At least three years for payroll records, collective bargaining agreements, and sales and purchase records. At least two years for wage computations, timecards, piece-work tickets, wage rate tables, work and time schedules, and records of additions to or deductions from wages. There are additional rules for tracking tipped employees' hours and earnings. Payroll records must identify the employee as a tipped employee and keep a record of reported tips, tip credit applied and any changes in tip credit. Separate records should be kept for tipped and nontipped work. Having an efficient record management solution in place can prevent many errors, such as payroll miscalculations and tax filing delays, from happening. Accuracy is job #1 Every mistake made during the payroll process must be corrected to ensure that accurate records are kept. The IRS must know exactly how much money was allocated for each employee. Sometimes, it can take longer to resolve errors because you have to identify and fix them, and that can be challenging. Records must be open for inspection by representatives of the Department of Labor, who may ask for extensions, computations or transcripts. Records need to be kept at the place of employment or in a central records office. Many employees work on a fixed schedule that seldom varies, so your records should show whether employees followed the schedule. When a worker is on the job for a longer or shorter period than the schedule shows, record the number of hours actually worked as an exception. Generally, you must report compensation to the IRS, and as you see, the DOL is also involved. In fact, your firm may be subject to an audit from either agency. Don't find yourself in hot water due to not keeping proper payroll records. Often in multistate or national firms, you may want to work with your counsel for guidance on what you need to store, for how long and where. Employers of all sizes should develop a records management program addressing who has access to records and what form they're kept in — paper and/or electronic. Of course, confidentiality of employee records and privacy of the information contained in them are key. Reach out to our Nuance Workforce Solutions team for help managing employee records.

  • New Independent Contractor Rules: Do They Affect Your Employees?

    The Department of Labor's final rule for employee or independent contractor classification under the Fair Labor Standards Act rescinds the 2021 Independent Contractor Rule, replacing it with guidance on analysis that's more consistent with the FLSA as interpreted by longstanding judicial precedent, and was scheduled to take effect March 11, 2024. The final rule reduces the risk of misclassification while providing greater consistency for businesses and gig workers, specifically: The designation of control and opportunity for profit or loss are given greater weight. Considering workers' investments and initiative only as part of the opportunity for profit or loss. Prohibiting consideration of whether work performed is central or important to your business. A step toward greater clarification The 2021 IC Rule narrowed the economic reality test: Is a worker economically dependent on the employer for work? This had a confusing and disruptive effect, departing from decades of case law and describing and applying the multifactor economic reality test as a totality-of-circumstances test. Analysis of the final rule may be applied to workers in any industry and will be accessible in the Code of Federal Regulations. It doesn't adopt an ABC test, permitting an independent contractor relationship only if all three factors in a three-factor test are satisfied. Instead, the multifactor economic reality test that courts use to determine whether a worker is an employee or an independent contractor is used, relying on the totality of the circumstances where no one factor is determinative. The final rule revises only the DOL's interpretation under the FLSA and has no effect on federal, state or local laws with different standards of classification. The IRS and National Labor Relations Act have different statutory language and judicial precedent governing the distinction between employees and independent contractors. The laws are interpreted and enforced by different federal agencies. The rule has no effect on state wage and hour laws that use the ABC test — California's and New Jersey's, for instance. The FLSA doesn't preempt federal, state and local laws that apply. In brief, according to new federal guidance, businesses should meet whichever standard provides workers with the greatest protection. The key aspects The final rule affirms that a worker is not an independent contractor if economically dependent on an employer for work, applying six factors: Opportunity for profit or loss depending on managerial skill. Investments by the worker and the potential employer. Degree of permanence of the work relationship. Nature and degree of control. Extent of the work performed as integral to the potential employer's business. Skill and initiative. Workers cannot voluntarily waive employee status, choosing to be classified as independent contractors. They cannot waive FLSA-protected rights like minimum wage or overtime pay. The Supreme Court has explained that waiving their FLSA rights would harm other employees, undermining the goal of eliminating unfair methods of competition in commerce. Among the similarities to the 2021 rule: advice on definitions and on identifying economic dependence as the ultimate inquiry of the analysis, providing a nonexhaustive list of factors to assess economic dependence with no single factor being determinative. Both clarify that economic dependence doesn’t focus on the amount of income the worker earns or whether the worker has other sources of income. Differences between the new rule and the 2021 rule: Returns to a totality-of-the-circumstances economic reality test, where no single factor or group of factors is assigned any predetermined weight. Provides additional analysis of the control factor, including how scheduling, supervising, price-setting and working for others are considered when analyzing the nature and degree of control over a worker. Returns to the DOL's consideration of whether the work is integral to the employer's business rather than exclusively part of an integrated unit of production. Omits a provision from the 2021 rule that minimized the relevance of an employer's reserved but unexercised rights to control a worker. Note that this is just a summary of a complex series of provisions. One thing certainly hasn't changed between the new rules and the old: the need for companies to obtain qualified professional advice to make sure they are in compliance. Reach out to our Nuance Workforce Solutions team for help managing your HR functions and hiring practices.

  • Avoid Information Overload Among Your Staff

    Do not imagine information overload is new. Eight hundred years ago, Vincent of Beauvais, a Dominican friar, related to the challenge in his own era. Noting "the multitude of books, shortness of time and slipperiness of memory," he set about compiling a three-volume, 4.5 million-word encyclopedia of all human knowledge to date. Today's workers face an increasing onslaught. The blurring of life and remote work intensifies the strains of keeping up. Multitasking exacerbates the burden. Managers must try to help their teams stay on top of the barrage. Welcome to the zettabyte zone The era began in 2012, when the amount of digital data first exceeded one zettabyte, equivalent to one sextillion bytes. The pile is forecast to grow to 175 ZB by 2025, so we will create more data in the next three years than was created over the previous 30. Little wonder, with 3 million emails sent per second, 1.8 billion websites and growing, and over 500 hours of content uploaded to YouTube each minute. Knowledge workers bear the brunt. Where is that 13th-century monk when you need him? More recently, in 1962, Bertram Gross tackled the deluge in his book "The Managing of Organizations." He discussed how information overload ensues when the amount of available information surpasses the mental ability to process it. Yet the paradox of modern technology is that it makes information ever easier to store and share. Pity the poor rank and file. International Data Corp. reports that the typical employee spends 30% of their work life, or 2.5 hours per day, just finding and digging out information. Likewise, the McKinsey Global Institute found that the average employee spends 13 weekly hours, or 28% of work time, on emails. Sheena Iyengar, a professor at Columbia Business School, suggests that the typical knowledge worker must process the equivalent of 174 newspapers every day, much of it unnecessary or redundant. Information Overload: Something has to give On some level, human brains are like machines. If you open too many apps at a time on your laptop, you will slow down its speed and start making absent-minded mistakes. It is easy to be distracted. Before long, the damage will be manifest. Creative problem-solving soon suffers as niggling tasks and brushfires take attention away from strategic priorities. Managers recognize that their teams have too much shared information and too little time to process it. Some may be relevant yet still overly time-consuming; other irrelevant elements are simply unproductive. The most serious individual and corporate consequences are disengagement, diminished productivity, demotivation — even burnout — and their physical and emotional side effects. The information surfeit adds up to an urgent set of needs: to develop clarity and focus, sharpen decision quality, and improve communication. Fighting the flood You can take practical steps by implementing managerial directives and prompts, such as: Reviewing and streamlining your internal communications to make sure you are targeting your intended audiences. Maintaining a central repository where employees can access appropriate information for themselves. Encouraging your employees to disconnect at the end of their workday and setting a good example by limiting your after-hours messages, emails or phone calls to them. Instituting "no-meeting Fridays" or some equivalent to create time for catching up and supporting "unplugged time" to discourage the goal of having zero emails in the inbox. Using analytics or surveys to determine employee preferences and popular content and apps. Don't just give a person a fish — teach them how to fish instead! Help direct your employees in learning how to regulate inboxes and schedules themselves. Some effective habits to instill are: Limit research time so employees don't go down a rabbit hole. Disable notifications. Use filters and blockers. Take breaks, like a walk outside in the fresh air. Delegate and outsource as your own gatekeeper. Schedule related tasks together to ease transitioning between them. Modify consumption by parsing titles, subjects, headers, summary emails and newsletters. List reliable sources and plan to gain required information ahead of time. Skim when possible. No one should drown. Disciplined practices can keep your team afloat on top of the info tsunami. Need help managing what information to share, when, how, and to whom? Our Nuance Culture Consulting Team can help you create policies and process to help you share the information your employees need while ensuring they are overloaded.

  • Company Newsletter: Watercooler Chat Goes Electronic

    A company newsletter can link all employees, providing a mix of useful and engaging information to captivate readers' attention. Time and money are well invested. According to the Content Marketing Institute, every dollar spent generates an average return on investment of $38. The standard channel for distribution is email and the most typical schedule is monthly. A professionally produced internal bulletin works best as an internal communication to complement your range of other communication tools. Company Newsletter: A one-stop shop The newsletter consolidates employee resources, company updates and wider industry news all in one place. As long as you can successfully persuade employees to actually read it — and that is indeed the key challenge — you can provide a convenient conduit for all that information. It may be particularly helpful for keeping frontline workers in the field and those in home offices aligned with others plugged in at headquarters. You want to make your publication compelling, so begin by establishing your general purpose and any specific goals. You may choose to use analytics to better discover which topics interest your audience as well as the formats they prefer. As an overarching theme, you may be reinforcing your brand's storytelling, values and vision. While you celebrate your unique corporate culture, you can also give shout-outs for individual team members' triumphs and accomplishments. In addition, there is a wealth of important routine information to convey: Events. Milestones. New policies. Initiatives. Job openings. Competitor news. Invitations to training sessions. Surveys and solicitations of feedback. You can parlay the newsletter into not only a channel for recognition but also for operational support. You should be creating and maintaining a durable archive. Employees will also appreciate it if you are able to streamline their relentless email load. Ideas for content The list of possibilities is almost endless. Spark their curiosity! Think of a table of contents that fills in the gaps that the office watercooler conversation may no longer be providing. Career-minded employees will likely start by checking any internal job postings or new-hire announcements (which can include written bios or videos) or access to benefits and perks. Other engaging topics run the gamut, such as: Training. Volunteering opportunities. Event invitations, including RSVP forms. Personal co-worker news, such as fun vacations, birthdays, marriages, births and departing team members. Here is a good place to highlight any employee safety developments or changes in management programs. Employees are increasingly focused on wellness opportunities, so the newsletter can remind them whom to contact. You may include a human resources section, where you note executive appointments or special messages from leaders to add some inspirational flavor. It is another function of the bulletin to give a voice to employees. Why not use it to publish any survey results? Of course, you cannot interest everyone to the same degree, so consider organizing sections according to relevant parameters: departments, teams, locations or interests. Even at the departmental level, you can use communication to help break down company silos. Remember that it will not be compulsory reading, so you must entertain too. Maybe throw in a few seasonal recipes or a joke and a cartoon or two for fun. Some creative-minded employees might enjoy generating and contributing content such as videos, photos or blog posts. They all add texture. Editorial tips Here are some more ways to boost click rates: Headlines are critical. Eighty percent of recipients read them but only 20% delve into the body copy. Catchy subject lines are also key, so make them short (60 characters max, so they don't get cut off in mobile inboxes) and personalize them with the recipient's name. If you are adding video, include that in the subject line. Subheads, bullets and bold fonts break up large chunks of text. Since a picture is worth a thousand words, be liberal with images, charts, graphs and icons. But steer well clear of jargon, acronyms, promotional material and run-on sentences. Keep file sizes small and mobile-friendly, under about 102 kilobytes. Maintain a consistent publication schedule. Remember to include a call to action where appropriate.

  • Honesty and Resumes

    Lying on applicants' resumes covers a wide spectrum, ranging from stretching the truth just a little to telling blatant whoppers. In between, human resources managers deal with a broad gray area, ranging from fibbing to fudging to padding. How seriously do HR managers treat inaccurate details on resumes and cover letters? Should they dismiss those jobhunters outright or overlook a modest exaggeration? Dishonest Resumes: Risks and consequences For candidates eager to land a good job, lying is often a calculated risk. Potential candidates are all too aware that their chances of beating the odds are high. According to a 2020 ResumeLab survey of 1,051 Americans, only 30% of job liars got caught. The actual percentage is likely even lower, as HR departments typically take no action when they discover falsehoods or reject a suspicious resume — it goes into the trash and the episode ends there. The same study shows that even among those who make it through the hiring process, only 30% are fired for their lies, whereas 22% escape lightly, with only a reprimand. Companies usually ignore the matter until a tangible problem arises. At worst, a candidate can withdraw or update their resume. Since lying on resumes is relatively easy to get away with, what would make liars hesitate other than a basic sense of morality? Those already hired obviously risk losing their job. The ripples can spread wider, though, tainting the liar's reputation (news travels fast these days) or even occasionally leading to legal action. They may also find it harder to gain other employment if a termination for cause in their work history sets off alarms. Lying is seen as a character defect. A guilty conscience is not the only worry to keep them up at night. Although most liars do escape detection, some will eventually be exposed. Language fluency is a common resume lie. It may seem safe enough to claim proficiency in French, but what happens when a native speaker unexpectedly shows up at the office and starts chatting away? Or in a tightly knit industry, a co-worker from a former job might reveal that a previous title claimed by the employee has been grossly inflated. In the doghouse There are intentional lies and there are unintentional lies. The former are flat-out falsehoods; the latter are closer to shading, such as leaving out a material fact. Some reported resume lies are jaw dropping. One imaginative applicant claimed that he had worked in a jail when he had in fact served time there himself. Sometimes, candidates create nonexistent institutions for their backgrounds, too. For instance, one allegedly attended a nonexistent college, while another described himself as assistant to a prime minister in a foreign country that had no such leader. In another case, where father and son shared an identical name differentiated only by "Sr." and "Jr." titles, the son misappropriated his father's work experience. Still another candidate pretended to be an Olympic medalist. A particularly comic example came from a wannabe who termed himself a construction supervisor. In reality, his sole construction experience was the completion of a doghouse, and that had been accomplished many years before. Beyond these outlandish illustrations, most resume lies fall into fairly standard categories: Skill sets. Academic degrees. Awards. Employment dates. Job responsibilities. Dishonesty varies across industries. Per the ResumeLab survey, retail and hospitality employees are less truthful, while education and health care workers tend to be more exacting. Men score above women for telling whoppers. Guarding against liars Recruiters and HR spend little time reviewing resumes or checking previous employment and references. They focus on dates rather than titles and duties. It is up to managers to perform better due diligence. Aside from Google searches and formal background investigations, employers can always call colleges directly or use services like the National Student Clearinghouse. Be wary of candidates who provide dates that are inconsistent, details they can't remember, or vague descriptions of skills and experience, or those who exhibit uncomfortable body language. Does the interviewee fidget and avoid eye contact? Proceed with caution and do the research. Contact our Nuance Workforce Solutions team for help with your recruiting needs.

  • Employee Classifications: How NOT to Misclassify Employees

    So, what's the big deal? Misclassification is considered wage theft, whether you knowingly or accidentally misclassify employees. It could put your business at risk of an IRS audit for back taxes, severance and health care coverage for misclassified workers, in addition to legal fees, reputation damage, and even criminal and civil penalties. Misclassifications and their fallout Payroll calculations involve hours worked, paid time off and deductions. With so much data to manage, you might accidentally pay your employees the wrong amount. In other words, overpayment or underpayment of wages can occur. Note that state requirements may differ from federal law, so check with your state for the most updated information. One of the most common misclassifications is related to whether the employee should be exempt from overtime or not. Here's where the Fair Labor Standards Act comes in: All employees must receive overtime pay for any hours worked over 40 hours per week, unless they are classified as exempt. Classifying a nonexempt employee as exempt opens your organization to FLSA-related fines while causing an employee to miss out on overtime pay. An individual is classified as an independent contractor rather than an employee. It may be tempting to do so as you work to reduce labor costs to avoid paying payroll taxes and providing benefits, but it can have serious consequences. This looks like a great workaround to rules governing minimum wage, overtime pay, workers' compensation and unemployment insurance, as well as job-protected leave. But the legal consequences of pretending an employee is a freelancer are very serious. In 2019, the wage-and-hour division of the Department of Labor recovered $322 million in back pay for misclassified employees. Misclassifying workers could create trust issues among your employees. It can also cost your company a mint; misclassified workers, besides losing morale, may be able to take legal action, and your company will face financial penalties and legal fees. Getting employee classifications right Want to avoid payroll errors? Many states have adopted the ABC test to determine employee status. The individuals being classified generally must meet all aspects of the rubric. The individuals are independent contractors if They work by themselves, that is, not under the employer's control. (A = Alone) They maintain their own place of business. (B = Business) They work at an established trade and exercise control over their own schedule and method of operation. (C = Control) That's a very general series of conditions; other rules may apply. However, it's a good place to start. Meanwhile, there are other things companies can do. Establish clear policies for payroll. Conduct an internal audit on your documentation process. Check state laws. Train managers and HR staff to correctly classify employees and independent contractors and to spot potential misclassification issues. Carefully document any changes you make. File Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding. To be safe, treat the worker in question as an employee until you know otherwise for sure. Work with legal and employee classification experts, talent acquisition specialists and/or employment consultants. Consider using automated payroll software to identify potentially incorrect paychecks. Time tracking software will make tracking employee hours easier as well. Outsource your payroll to a payroll processor. Worker roles can evolve over time, as do the rules around worker classifications. It's a good idea to review each worker's classification annually and adjust as needed. You can work with a firm that specializes in independent contractor compliance and engagement to help your company meet compliance standards, reduce misclassification risk and successfully manage independent workers. If you process payroll yourself, it can be challenging to keep up with new laws and stay compliant. According to the IRS, nearly 30% of employers make payroll errors each year, with the number jumping to 40% for small-to-mid-sized businesses. The average penalty for an incorrect payroll filing is $845. Stay informed of the latest payroll laws to avoid costly mistakes. Contact our Nuance Workforce Solutions team for HR support.

  • AI and Intellectual Property: A New Frontier

    Generative artificial intelligence is here, and here to stay. The prospect is both exciting and anxiety-inducing and is creating new ethical and legal issues, including its relationship to intellectual property, particularly copyrights, patents, trademarks, use of unlicensed content and ownership of AI-generated works. The problems stem from the way AI learns, which, in very simple terms, is by finding relationships and patterns in the material it is fed to learn from. This is new territory, and businesses need to be aware that they may find themselves involved in a lawsuit if their AI-generated work is not sufficiently different from existing protected works. Cases are already in the courts, and more are sure to come. At the core of these cases is the quest for a new definition of what qualifies as a “derivative work.” While there is likely to be more litigation, and the result will be unclear for several years, the ultimate result is likely to hinge on interpretation of the fair use doctrine. According to the U.S. Copyright Office, the fair use doctrine of the U.S. copyright statute permits the use of limited portions of a work, including quotes, for purposes such as commentary, criticism, news reporting and scholarly reports. Among the issues the courts are deciding are infringement, rights of use issues, ownership of AI-generated works, whether works created by non-humans can be protected by copyright law, and questions about when permissions are needed. The Supreme Court’s recent decision in Andy Warhol Foundation for the Visual Arts v. Goldsmith may be a harbinger of how the courts may rule. The Court, in ruling for Goldsmith, who created the original work, essentially defined a new transformative fair use test according to which creators who are using copyrighted source works for a purpose “highly similar” to the purpose of the original work and are making money from their work have the burden of proving the “purpose and character” of the alleged fair use. There are other court cases that are considering additional aspects of this issue. What does this mean for businesses using generative AI? Businesses using generative AI need to take steps now to mitigate the risks. For example, they must: Be sure that they are in compliance with the law in regard to their acquisition of data being used to train their models. Maintain audit trails for how the content was created. Monitor digital and social channels for works that may be derived from their own. Monitor digital and social channels for unauthorized use of derivative trademarks or trade dress. Review all contract language with vendors and consumers to ensure it contains, at a minimum: Disclosures that one or both parties are using generative AI. Proper licensure of the training data that feed their AI. Inclusion of indemnification provisions for potential intellectual property infringement. Revision of confidentiality provisions. Train employees on how to use AI tools without violating their privacy. Keep in mind, too, that with generative AI the definition of “creativity” is likely to change. Issues are sure to arise that are not on the radar yet. Nevertheless, the definition that ultimately evolves must be based on respect for past, present and future creativity. This is a developing area across the globe, and companies using generative AI need to stay current with developments. The European Union’s proposed AI Act, for example, which is intended to ensure human-centric and ethical development of AI in Europe, sets out rules for transparency and risk management. Bottom line? Work with legal and financial professionals well-versed in the new AI landscape.

  • Maximizing Tax Benefits and Employee Satisfaction Through a Well-Rounded Benefits Package

    In today's workplace, employers face the dual challenge of meeting the diverse needs of their workforce while navigating complex tax regulations. As employee expectations shift towards a greater emphasis on well-being and work-life balance, organizations must adapt their benefits offerings to attract and retain top talent. By embracing a holistic approach to employee well-being and leveraging tax-advantaged benefits, employers can create a supportive and thriving workplace culture while optimizing their financial position. Tax Considerations One of the most significant advantages of a well-designed benefits package is its potential for tax optimization. By offering benefits that are tax-deductible for employers and nontaxable or tax-advantages for employees, organizations can reduce their tax liabilities while providing valuable support to their workforce. Health insurance premiums paid by employers, for example, are generally tax-deductible, while the coverage itself is not taxed as income for employees. This arrangement allows employers to invest in their employees' health and well-being while minimizing the tax burden for both parties. Similarly, employer contributions to qualified retirement plans, such as 401(k)s, are tax-deductible and not taxed as income for employees until withdrawal in retirement, encouraging long-term financial planning and security. Educational assistance programs, up to certain limits, can also be offered as a nontaxable benefit to employees. By investing in their employees' professional development and skills enhancement, employers can foster a culture of continuous learning and growth while providing a valuable tax-free benefit. Commuter benefits and health savings account (HSA) contributions are another area where tax benefits can be realized as these benefits can be made with pre-tax dollars, reducing employees' taxable income. These benefits not only provide financial support for essential expenses but also help employees optimize their tax situation, ultimately increasing their take-home pay and overall financial well-being. Well-being: Beyond Traditional Benefits While tax optimization is an important consideration in benefits design, a truly comprehensive approach to employee well-being goes beyond traditional offerings. By addressing the physical, mental, emotional, and financial aspects of well-being, employers can create a more supportive and fulfilling workplace environment. Mindfulness programs, for instance, have gained popularity as a means to promote mental well-being and resilience. By offering meditation sessions, mindfulness workshops, or guided relaxation exercises, employers can equip their employees with tools to manage stress, improve focus, and maintain emotional balance. These programs not only contribute to individual well-being but also foster a culture of mindfulness and support within the organization. Financial literacy workshops are another valuable addition to a holistic benefits package. By providing employees with the knowledge and skills to make informed financial decisions, employers can alleviate financial stress and improve overall well-being. These workshops cover topics such as budgeting, saving, investing, and debt management, enabling employees to take control of their financial futures and plan for long-term security. Community engagement initiatives also play a vital role in promoting a sense of purpose and fulfillment among employees. By encouraging participation in volunteering, charitable activities, and social impact projects, employers can foster a culture of empathy, compassion, and social responsibility. These initiatives not only benefit the community but also strengthen bonds within the workplace and contribute to a more meaningful and rewarding work experience. Leveraging Technology for Seamless Benefits Administration To effectively manage and deliver a comprehensive benefits package, employers can harness the power of technology. Digital benefits platforms streamline the enrollment process, provide personalized recommendations, and offer convenient access to benefits information and resources. These platforms make it easier to analyze employee data and preferences, enabling HR departments to tailor benefit offerings that maximize value and meet employee needs. By simplifying benefits administration and enhancing the employee experience, digital platforms contribute to increased engagement, satisfaction, and utilization of benefits. Telemedicine services have also emerged as a game-changer in healthcare delivery, offering virtual doctor visits and mental health consultations. These services provide unparalleled convenience, cost savings, and improved access to care, particularly for remote or distributed workforces. By incorporating telemedicine into their benefits offerings, employers can support the health and well-being of their employees while reducing healthcare-related expenses and absenteeism. Organizations that prioritize the holistic well-being of their workforce will be better positioned to attract and retain top talent, foster engagement and productivity, and build a resilient and adaptable workforce. By investing in the well-being of their employees, employers not only contribute to individual happiness and fulfillment but also drive long-term organizational success in an ever-changing business landscape.

  • Putting People First: The Case for Ethical, Transparent Employee Records

    In the digital age, data is an immensely powerful asset. For organizations, some of the most valuable data they collect and maintain are the records of their employees. From recruitment and hiring information, to performance evaluations and health records, the range of personnel data companies hold is vast. While leveraging this data strategically through workforce analytics can yield important organizational insights, the highest imperative must be to manage employee records in an ethical, transparent, secure, and accessible manner. Putting people first through responsible data stewardship builds trust and positions records to empower employees. The Employee Care Principle of Human Records provides an important framework. It calls for accurate and transparent record-keeping practices, strong protections for employee data and privacy, and the maintenance of fair and consistent HR policies supported by thorough documentation. When employee records meet these standards, they become instruments of equity and inclusion. When it comes to employee records, organizations have twin duties: to be responsible data stewards and to leverage documentation to make fair, equitable decisions. The Human Records Principle of Employee Care requires prioritizing privacy, consistency, compliance, and accessibility. With strong governance and ethics, employee records can generate powerful business insights. But the ultimate measure of success is building trust. Workers must have faith their personal information is secure and being used appropriately. Employers that embrace Employe Care Principles know that transparent and ethical record-keeping demonstrates integrity and positions employee data as an asset to empower employees. Employee Privacy: The Foundation of Trust At the core of ethical employee records is respect for personal privacy. Health information, government identification numbers, contact details, and other sensitive data entrusted to employers must be protected with the utmost care. Employees have a reasonable expectation that this information will be held in strict confidence and accessed only on a need-to-know basis by authorized personnel. Organizations can uphold this duty of care by prioritizing cybersecurity, clearly defining permissible uses of employee data, and being judicious about what personal information is collected in the first place. Explaining to employees how their information will be used and protected, as well as their rights to access their own records, is critical for transparency. By instituting rigorous access controls, encrypting data, and proactively guarding against breaches, companies demonstrate that employee privacy is non-negotiable. Trust is hard won and easily lost. Consistent, Equitable Policy Application Comprehensive, accurate personnel records enable organizations to consistently apply policies and make equitable decisions. Reliable documentation provides guardrails against bias, discrimination, and favoritism by ensuring all employees are held to the same standards. Records give employers fact-based reference points to ensure rules and criteria are interpreted and enforced uniformly. Well-maintained records also empower organizations to audit their practices. Are policies having equitable impacts across lines of gender, race, age, and other dimensions of diversity? Are the same standards of accountability, reward, and discipline being applied evenly based on behavior and performance rather than demographics or connections? Spotting and correcting disparities requires well organized robust data. Maintaining appropriate documentation gives employers the insights needed to structurally uphold their justice and inclusion values. Regulatory Compliance & Risk Mitigation Numerous laws and regulations at the federal, state, and local level govern employee record-keeping. Meticulous HR documentation and secure digital archiving help organizations avoid penalties, fines, and legal liabilities. From I-9 forms proving work authorization to data verifying overtime pay and benefits, properly maintained records demonstrate good faith compliance. An inability to produce required documentation can suggest negligence or impropriety to regulators and courts. Conversely, well-organized, accessible employee records enable employers to efficiently respond to audits, investigations, and lawsuits with confidence. Thorough record-keeping shows responsible diligence, reducing legal risk for the organization and its leaders. Most importantly, it sends a powerful signal to employees, investors, and the public that a company lives up to its espoused integrity values. From Records to Insights When organizations capture accurate, comprehensive workforce data and uphold strong information governance and ethics standards, employee records can generate powerful insights. Anonymizing and aggregating personnel data for high-level analysis can surface trends related to diversity, skills gaps, retention, succession planning, and more. Leaders can leverage findings to make data-driven decisions about programs and investments that will best support employees. The key is strong data governance. There must be a clear framework for what is collected, how it can be used, and who can access it. Individual records should never be weaponized for adverse action. The purpose of responsible analysis is to reveal opportunities to create a more effective and supportive work environment for all. Employee trust must be the north star, with analytics focused on improvement, not punishment. Employee Records as a Strategic Asset Reliable, accessible employee records are the foundation for leveraging employee data as a strategic asset. With modern HR information systems, organizations can seamlessly integrate personnel records across core HR processes, talent management, and business analytics. Digital record-keeping makes vital documents like role descriptions, salary data, and emergency contacts instantly accessible from anywhere. It can also surface important insights around retention, skills, and performance when analyzed in aggregate. The efficiency gains from digitized personnel records are immense, but realizing this value requires significant investment in data security and governance. Employees must have confidence their personal information is being protected and used properly. Ethical data practices are the prerequisite to records driving strategic value. The Role of Technology Thoughtfully deployed technology is essential for effective, responsible record-keeping at scale. Securely digitizing documents prevents degradation, enables efficient permissioned access, and facilitates strategic analysis while maintaining confidentiality. Cloud-based HR systems centralize records with state-of-the-art cybersecurity that exceed on-premise capabilities. Encryption, automated access controls, data loss prevention, and threat monitoring make digital records more resilient than paper files. However, realizing the full benefits of HR technology requires robust governance. Clear usage policies, tiered access, and transparency into how employee data is protected and used are essential. Organizations must remain vigilant against unethical applications of workforce analytics for individual surveillance rather than organizational improvement. Building privacy-forward systems that empower employees must be the goal. Contact us to see how we can help ensure your employee records are well maintained.

  • FTC Bans Noncompete Agreements: A Game-Changer for Workers and Businesses

    In a landmark decision, the Federal Trade Commission (FTC) has issued a final rule banning noncompete agreements nationwide, effective 120 days after publication in the Federal Register. This move is set to revolutionize the job market, fostering innovation, and boosting the economy. Noncompete agreements, which affect an estimated 30 million workers in the United States, have long been criticized for suppressing wages, stifling new ideas, and limiting workers' freedom to change jobs or start their own businesses. The FTC's rule aims to address these concerns and create a more dynamic and competitive job market. Key Takeaways from the FTC's Final Rule: Existing noncompetes for the vast majority of workers will no longer be enforceable after the rule's effective date. Employers are banned from entering into or attempting to enforce any new noncompetes, even for senior executives. Employers must provide notice to workers (other than senior executives) bound by an existing noncompete that it will not be enforced against them. The rule is expected to generate over 8,500 new businesses each year, raise worker wages, lower health care costs, and boost innovation. While the rule allows existing noncompetes for senior executives (defined as those earning more than $151,164 annually and in policy-making positions) to remain in force, employers cannot enter into new noncompete agreements with them. Alternatives to noncompete agreements, such as trade secret laws and non-disclosure agreements (NDAs), will still allow employers to protect proprietary information without restricting workers' freedom to change jobs. The FTC's decision is a significant victory for workers' rights and is expected to have far-reaching implications for businesses and the economy as a whole. By fostering a more competitive and dynamic job market, the ban on noncompete agreements is set to drive innovation, encourage entrepreneurship, and ultimately benefit both workers and businesses alike.

  • Pregnant Workers Fairness Act: An Overview of the Final Rules and Their Impact

    The U.S. Equal Employment Opportunity Commission (EEOC) has recently released its final regulations implementing the Pregnant Workers Fairness Act (PWFA). This landmark statute, which went into effect last summer, mandates "reasonable accommodation" for workers' pregnancy-related needs. The new regulations provide detailed guidance to workers, employers, and courts, ensuring that the full force of the law is given effect. In this article, we will delve into the specifics of the new rules, how they differ from existing regulations, and their implications for both pregnant employees and their employers. What Are the Final Rules? The PWFA requires employers to provide reasonable accommodations to workers with limitations caused by pregnancy, childbirth, or related medical conditions, unless doing so would impose an undue hardship on the employer's business. These accommodations can range from minor adjustments, such as more frequent breaks or later start times, to more significant changes, like temporary reassignment of duties or suspension of risky tasks. The EEOC's final regulations clarify that "pregnancy, childbirth, or related medical conditions" includes abortion. This means that time off for abortion care, like time off for other medical procedures, is a reasonable accommodation required by the new statute. How Do the Final Rules Differ from Existing Regulations? While workers with disabilities have been entitled to reasonable accommodations under the Americans with Disabilities Act (ADA) for over 30 years, pregnant workers have lacked similarly explicit protections. The PWFA fills this gap by extending the right to accommodations to pregnant workers, eliminating the difficult choice between working under unsafe conditions or leaving their job altogether. The inclusion of abortion as a "related medical condition" has drawn some criticism from those who argue that it forces employers to participate in their employees' abortion decisions. However, this interpretation is consistent with nearly half a century of legal precedent under the Pregnancy Discrimination Act (PDA) of 1978, which prohibits discrimination based on pregnancy, childbirth, or related medical conditions, including abortion. What Does the Pregnant Workers Fairness Act Mean for Pregnant Employees? The PWFA is a significant step forward for pregnant workers, particularly those in strenuous jobs that could be dangerous during pregnancy, such as healthcare, retail, and law enforcement. The new rules ensure that these workers can request and receive the temporary modifications they need to maintain their health and the health of their pregnancy without fear of job loss or retaliation. The explicit inclusion of abortion care as a covered medical condition is especially important in light of the recent Dobbs v. Jackson Women's Health Organization decision, which has led to abortion bans and severe restrictions in many states. As a result, millions of people now face the prospect of traveling hundreds of miles to access this critical healthcare, making time off work even more essential. What Does the Pregnant Workers Fairness Act Mean for Employers? Employers are now required to engage in a good-faith interactive process with employees who request accommodations due to pregnancy, childbirth, or related medical conditions. They must provide these accommodations unless they can demonstrate that doing so would impose an undue hardship on their business. While some religious employers have sought exemptions from the PWFA's requirements, courts have consistently refused to grant blanket immunity from anti-discrimination laws. The EEOC's regulations provide for careful, case-by-case consideration of instances where a religious employer objects to an employee's need for accommodation. Employers should review their policies and practices to ensure compliance with the PWFA and train their managers and human resources staff on the new requirements. Proactively addressing these issues can help prevent costly legal disputes and create a more supportive work environment for pregnant employees. Reviewing and Updating Workplace Policies and Procedures To ensure compliance with the PWFA, employers should carefully examine their existing workplace policies and procedures. Here are some key areas to focus on: Reasonable Accommodation Policy: Employers should develop or update their reasonable accommodation policy to explicitly include pregnancy, childbirth, and related medical conditions as covered reasons for accommodation requests. The policy should outline the interactive process for requesting and granting accommodations and provide examples of potential accommodations. Leave Policies: Review leave policies to ensure they do not discriminate against pregnant workers or those who need time off for abortion care. Update policies to allow for reasonable accommodations, such as additional breaks or time off for medical appointments, without penalizing employees. Job Descriptions and Essential Functions: Assess job descriptions and essential functions to identify tasks that may pose challenges for pregnant workers. Consider whether these tasks can be temporarily modified or reassigned as part of a reasonable accommodation. Training: Provide training to managers, supervisors, and human resources staff on the requirements of the PWFA, including how to handle accommodation requests, engage in the interactive process, and maintain confidentiality. Confidentiality: Ensure that policies and procedures protect the confidentiality of employees' medical information, including requests for accommodations related to pregnancy, childbirth, or abortion care. Retaliation Prevention: Emphasize that retaliation against employees who request or use accommodations under the PWFA is strictly prohibited. Include clear reporting mechanisms and investigation procedures for any alleged retaliation. By proactively reviewing and updating workplace policies and procedures, employers can create a framework for compliance with the PWFA and foster a supportive environment for pregnant workers. Navigating the Final Rules and Guidance on the Pregnant Workers Fairness Act The U.S. Equal Employment Opportunity Commission’s (EEOC) final rules and guidance on the Pregnant Workers Fairness Act (PWFA) in a comprehensive, 125-page document. With such an extensive resource, it can be challenging to know where to start and how to find the most relevant information. To help make the process more manageable, we've created this guide to navigate the document and highlight the key sections and elements to focus on. Background and Public Comments (Pages 1-87): The first 87 pages provide background information on the PWFA and explain how the EEOC responded to public comments during the rulemaking process. While this section offers valuable context, if you're looking for the core content of the final rules and guidance, you'll find it starting on page 88. Regulations (Pages 88-93): The official regulations implementing the PWFA start on page 88. This section is crucial for understanding the legal requirements and definitions set forth by the EEOC. To quickly grasp the essential elements, pay special attention to: Purpose (1636.1) Definitions (1636.2 and 1636.3) Nondiscrimination with regard to reasonable accommodations related to pregnancy (1636.4) Remedies and enforcement (1636.5) Relationship to other laws (1636.7) Interpretive Guidance (Pages 94-125): The Interpretive Guidance, which begins on page 94, is an essential resource for understanding how the PWFA will be applied in real-life situations. This section includes 78 examples covering a wide range of scenarios. To get the most out of this section, focus on: General information and terms used in the regulation and interpretive guidance (Section II) Definitions specific to the PWFA (Section III) Nondiscrimination with regard to reasonable accommodations related to pregnancy (Section IV) Remedies and enforcement (Section V) Relationship to other laws (Section VI) You can find a digital copy of the final rules on the National Archive's Federal Register website.  It has a navigable table of contents and take search function to find specific topics or keywords of interest. This online resource makes it easy to see and navigate the final rules, allowing you to quickly locate relevant sections. When reviewing the final rules and guidance, pay special attention to the definitions, examples of reasonable accommodations, the interactive process between employees and employers, and the relationship between the PWFA and other laws, such as the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act. Contact our Nuance Culture Consulting team to request a full policy review and recommendations for revision.

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