Edwardsville (KSDK) - Guns at work. It will be the new reality for some Illinois businesses, as owners adapt to the new concealed carry law. But not every workplace is allowing guns. The new law allows companies to ban firearms on their property. And since the first concealed carry licenses are set to go out in a few months, many business owners are still deciding whether to allow enact a ban.

Kandi Mensing owns an HR consulting business called Elite HR Team. She's still deciding whether to allow people to carry guns on her property.

"You have to be able to trust their judgment, and how they're going to utilize that weapon," said Mensing.

But she says there is also risk in banning firearms.

"You have to consider whether your employees' safety is at risk then because you didn't allow them to carry a gun if they wanted to," said Mensing.

So she's attending a seminar to learn more about the law. She'll also use the information to advise her clients.

"Whether you are for it or against it, you still have to have a written policy," said Todd Sivia, whose law firm, Sivia Business and Legal Services, is helping host the seminar.

Sivia says if the policy's not clear, it could create problems for the establishment, and its patrons.. Whether that's a store, church, or restaurant.

"The waitress sees a gun on the person you don't want them to run around saying 'I see a gun, I see a gun.' That's going to create a panic," said Sivia.

So businesses who ban firearms will have to post a sign at the front of their building to alert people before they walk in the door. And it's especially important for Illinois businesses to be clear about their policies, because having a gun where you're not supposed to is a misdemeanor in the state. That's one reason firearm safety trainer Allen Keilman is attending the seminar.

"I want to make sure I'm giving the right message to our clients," said Keilman. "They're good people. They want to do things the right way."

The seminar will be Thursday, January 16th, from 8 a.m. to 9:30 a.m. It's being held at the SIUE Morris University Center in the Hickory/Hackberry Room. The event is free and open to the public.

When life is dragging you backwards, remember you are getting ready to be launched into something great, like an arrow. Keep focus and aim.

Kandi discusses. 

By: Kandi Mensing, SPHR, MBA 

In this blog post we address the following as it relates to employer obligations during inclement weather: 

1. Workplace Policies & Notification 
2. Payroll Obligations As Per The FLSA/DOL
3. Disabled & Handicapped Employees 
4. Employee Commute

First and foremost, you should have an employee handbook in place that includes a policy addressing bad weather situations. This policy should address employees reporting to work, employees calling off work, safety as it relates to inclement weather, telecommuting, and the company's procedures during inclement weather. The policy should be in place and communicated long before there is a need for it. 

You should also have a method of notification so that employees have a known way to verify whether or not they should report to work. This is not an obligation, but rather a good business practice. When you have a system, it makes your life a lot easier. Employees also like knowing what to expect. So, rather than leaving yourself wondering how you will notify your employees of a workplace closure, and leaving your employees wondering how they can find out whether the workplace is still open, put in place a policy and procedure to manage these situations. Your life will be easier. Your employees will be happier. 

Salary vs Hourly: One big question that always surfaces during times of inclement weather is whether you can dock an employee’s pay for not reporting to work due to the potentially hazardous weather conditions.

So, how do you handle pay questions under the Fair Labor Standards Act (FLSA)? If a company opens an hour late because of a snowstorm, should an employer pay employees who show up earlier because they didn't hear the announcement? What time does the workday end when employees are given the option to go home because of inclement weather? What do the payroll laws require if the company is closed for an all day snow day?

An employer should establish a policy covering emergency closing pay options before the need occurs, ensure that all employees are notified of the policy, and implement it consistently. To some degree, wages are governed by the FLSA. Many states have payroll laws covering this issue as well.

Nonexempt employees. Under the FLSA, employers are not required to pay nonexempt, hourly employees who report for work and then are told that there is no work for them. Neither are they required to keep employees working for any specific number of hours or to pay them for hours they were assigned to work, but didn't. The only exception to this is in the case of a union's collective bargaining agreement. 

Even so, most employers pay for time not worked when an emergency or snow day forces an early closing. However, if the facility is being kept open and employees are merely permitted to leave early at their option, hourly workers are usually not paid for the time off.

If employees show up and are asked to stay until the situation is assessed, they must be paid even if there is nothing for them to do. On days that the facility does not open (and especially when notice has been given) the FLSA does not require that hourly employees be paid. It is always a good practice to allow them to use their vacation and/or sick time to get paid for the time off. Even better, give them a bonus of sorts by paying them for the missed hours. 

Exempt employees. The payroll laws concerning exempt employees are more complicated. The FLSA does not require employer-provided vacation time. Where an employer has proposed a bona fide benefits plan, it is permissible to substitute or reduce the accrued leave in the plan for the time an employee is absent from work, even if it is less than a full day, without affecting the salary basis of payment, if the employee still receives in payment an amount equal to the employee’s guaranteed salary. However, an employee will not be considered to be paid on a salary basis if deductions from the predetermined compensation are made for absences occasioned by the employer or by the operating requirements of the business.

Therefore, if the employer closes the office because of a snow day or other disaster for less than a full workweek, the employer must pay the employee’s full salary even if:

·         The employer does not have a bona fide benefits plan;
·         The employee has no accrued benefits in the leave bank;
·         The employee has limited accrued leave benefits and reducing that accrued leave will result in a negative balance; or
·         The employee already has a negative balance in the accrued leave bank.

Since employers are not required under the FLSA to provide any vacation time to employees, there is no prohibition on an employer giving vacation time and later requiring that such vacation time be taken on a specific day(s); just make sure your policies are worded appropriately. A private employer may direct exempt staff to take vacation or debit their paid leave account in the situation presented above, whether for a full or partial day’s absence, provided the employees receive in payment an amount equal to their guaranteed salary. In the same scenario, an exempt employee who has no accrued benefits in their leave account or has a negative balance in the leave account still must receive the employee’s guaranteed salary for any absences occasioned by the employer or the operating requirements of the business.

If the employer’s offices remain open during inclement weather or other types of disasters, and an employee is absent for 1 or more full days for personal reasons, the employee’s salaried status will not be affected if deductions are made from the employee’s salary for such absences. An employee who is absent because of inclement weather, such as because of transportation difficulties, is absent for personal reasons. A private employer may require an exempt employee who fails to report to work to take vacation or make leave deductions without jeopardizing the employee’s exempt status. When the office is open, an exempt employee who has no accrued benefits in the leave bank account does not have to be paid (i.e., may be placed on leave without pay) for the full day(s) he or she fails to report because of such circumstances as a heavy snow day, but only for full days. 

We know this is complicated, so if you have questions contact us. 

So, what are your obligations around supporting an employee who's handicap or disability prevents them from reporting to work during inclement weather conditions? 

Attorneys suggest that you first address whether they are "handicapped" or "disabled" under state and federal anti-discrimination laws. Employees satisfy either definition as long as they are substantially limited in a major life activity such as walking or standing, or major bodily functions. If they satisfy the definition, the employer is obligated to participate in the "interactive process" which is a key mechanism for facilitating the integration of disabled employees into your workplace. This process requires open dialogue between you and your employee with the goal of identifying "reasonable accommodations" that will allow them to perform their job. An accommodation is deemed "reasonable" if it does not pose an undue hardship to your business. 

In these situations, it’s not uncommon for employers to take the position that, notwithstanding the employee's disability, the duty to accommodate does not apply to commuting because commuting to and from work falls outside of the work environment. In the related lawsuit, the court agreed with the employer, and the appeals court reversed the ruling, stating that “under certain circumstances the ADA can obligate an employer to accommodate an employee's disability-related difficulties in getting to work, if reasonable.”

Overall, if you can establish that an employee suffers from a handicap or disability, you must engage in the interactive process with them to determine if a reasonable accommodation exists that will ease the burden associated with their commute and disability.

The question of liability for an accident is a delicate one. All of the facts and circumstances will be taken into account in determining liability, but generally employers choose to allow employees to exercise their own judgment in determining whether roads are passable during severe weather. If the employer absolutely requires attendance at work and such a requirement is unreasonable, considering the weather and safety in travelling, the employer is more likely to be held liable for any injury that befalls the employee coming to work. 

Source(s): HR.BLR, FLSA, & DOL 

Do you like this article? Want to reuse this article in your own blog or newsletter? Sure! You MUST include our logo and the following verbiage: 

"Elite HR Team is the Human Resources Department for small businesses across the United States. They protect your bottom-line by avoiding costly lawsuits and fines, and implement best practices to create cultures of excellence. Visit their website for additional information and resources and signup to receive your FREE compliance training and resources. www.EliteHRTeam.com"

By: Kandi Mensing, SPHR, MBA
A new year is time for new strategies. You should continually strive to improve your business. Whether that means keeping up with changing market trends, trying a new promotion, or rethinking the best way to serve your customers, your business needs to be open to change.
Mensing Consulting Solutions is changing our name! In January 2014, we will become Elite HR Team. Stay tuned for a new website and a new logo! 

Q: Our office is overrun with paper! I have no idea what I have to keep, how I have to keep it, or for how long! We'd like to move our HR paperwork toward paperless, but I don't know what to do with our old stuff, or who can help me store things electronically. Basically, we're not sure where to start, and aren't even sure we currently have what we need. Help! 

Kandi's Reply: You bring up a number of good points, ones shared by many businesses.  Electronic storage is here to stay, but you’re correct in your concern about how you implement and maintain it.
 
The Employee Benefits Security Administration (part of the Dept. of Labor) is the governing body on this.  Check with the any firm that you’re thinking of hiring for your data storage needs to be sure they comply with the government’s standards on recordkeeping — they have to be kept:

• safe
• accessible
• and private. 

 
Reams could be written on each of those components, and either they or we can help you.
 
As you also point out, there’s the matter of knowing WHAT needs to be kept, for HOW LONG, and what needs to be kept SEPARATE.  This applies whether you use paper or electronic record keeping.  It’s easy to run afoul of the many different aspects, but we can help you audit, comply, and maintain.  We’re big on checklists as a means of simplifying what is far from simple.  You’re absolutely spot-on, though, to recognize your Achille’s heel in this area.  An audit in one area can, and often does, bring on audits in other areas, depending upon what the Auditor sees in the first audit.  Preparation and organization go a long way in mitigating potential fines that can snowball with each audit.

By: Kandi Mensing

I just put $4,800 directly into a business owner's pockets every year.  $4,800 is the direct premium savings I was able to find them by shopping their plan. For the last 5 years, they were paying $730 per month for their family coverage with a $6,000 family deductible and $15 prescription copays. Their NEW plan, which has a monthly premium of only $330, has only a $5,000 family deductible and their prescriptions are only $4. So, if we want to get technical, we also lowered their expense risk by $1,000 annually in terms of their deductible, and saved them $132 per year on their prescriptions (savings of $11 per month). So, over the course of the next 5 years (as long as they had their old plan) they will have saved nearly $30,000 ($4,800 x 5 = $24,000, $1,000 x 5 = $5,000, and $132 x 5 = $660)! I didn't even mention that for each year that they do not exhaust their deductible, their deductible decreases by 20% the following year, up to a 50% decrease!

How can we save business owners this type of money? That's easy; we are not an insurance agency. Our income is not dependent on the amount of premium we can get you to pay. We believe in small business. We support small business. We want you and your business to feel financially stable and protected. We care about "doing right" by our clients.
What would you do with your extra $30,000?

Come show your support by coming to Mascoutah and participating in the Ice Cream Social. MCS is competing with our ice cream variation, 'Kandied Maple Bacon Krunch.' It tastes like breakfast ice cream. We also want to remind you to check-in on Facebook at MCS. If we get to 50 check-ins, a video of Kandi getting an ice cream sundae to the face will be uploaded. Come show your support!

As small business owners, we have the obligation to do business with other small business owners. Don't expect other small businesses to bring their business to you, if you don't bring your business to them! Tune in to see what we present as your small business challenge this week! Comment below with your accepted challenge to hold yourself accountable.

In this video, Kandi Mensing, SPHR, MBA, describes her reason for starting her company. Small businesses and main street communities are the key to the success of our Country and local economies. How do we bring jobs back to our Country; START A BUSINESS and employ people. Everyone was meant to be an entrepreneur. You see this shift happening in our economy.

Do not sell yourself short on your resume. You only have 20-30 seconds to catch a recruiters attention before they move on to the next resume. In this video we give you a quick tip about listing your education on your resume. We hope you enjoy.