Oops.  They’re not a convicted murderer? In August 2023, a job seeker received an offer of employment conditioned on passing a background check, which the employer contracted with ADP Screening & Selection Services Inc. (SASS) to perform – the complaint in Mott v. ADP Screening and Selection Services, Inc., alleged. SASS sold the employer a report that included a criminal record appearing to list the job seeker’s name as an alias for a convicted armed murderer, according to the lawsuit. However, had SASS performed “even a cursory review” of widely available public court records, it would have realized the murder conviction belonged to another person, the lawsuit alleged. Specifically, there were obvious discrepancies between the convicted individual, who is in prison, and the job seeker, including that the job seeker never used an alias; his Social Security number was entirely different; his age was different; and his address history confirmed he did not live and never had lived at the address listed for the convicted individual, according to the lawsuit. The job seeker disputed the report and submitted his findings to SASS, which removed the criminal record, the complaint alleged. He then sued SASS for violating the FCRA by not using “reasonable procedures to assure the maximum possible accuracy of the information” it provided the employer.  Source:  HR Dive 1/17/24

Lump sum bonuses decline 21% from 2023:  The checks are mostly still being written, but many observers say they’re smaller than they were in 2023 or 2022. The average cash bonus paid to employees last month was down 21% from the previous year, according to payroll-software company Gusto. Every industry posted a decline that ranged from about 4% for technology firms to 36% for tourism and transportation companies. The trend affects employees of every rank, from the CEO down to mid-level and lower-level workers. “Lower bonuses are the general expectation of companies,” says Don Lowman, a senior client partner in Korn Ferry’s Global Total Rewards business. When bonuses are down, the underlying reason is always a crucial question for workers. For their part, some organizations may attribute the cuts to challenging economic conditions or higher expenses. Indeed, many industries have laid off white-collar workers, particularly at the beginning of 2023. But in many cases, organizations are still about as profitable as they were a year ago. The estimated net profit margin for S&P 500 firms is 11.6%, slightly lower than 2022’s 11.8% margin, but above the ten-year annual average of 10.6%.  Source: Korn Ferry 1/25/24

NLRB attorneys want to expand Weingarten rights to nonunion employees: National Labor Relations Board prosecutors have urged the board to rule that nonunion employees have the right to bring a co-worker into disciplinary meetings, saying nonunion workers require the protection granted by so-called Weingarten rights just as much as union-represented workers.  Weingarten rights arise from a U.S. Supreme Court case  NLRB v. J. Weingarten, Inc. 420 U.S. 251 (1975), which upheld a National Labor Relations Board (NLRB) decision that employees have a right to union representation at investigatory interviews.   When making a request for a representative, the Board does not require that the employee specify that they need a “Weingarten” representative.  Once an employee requests their representative, they are not required to repeat that request.  This right is limited to union employees based on a 2004 decision called IBM Corp., in which the board held that only union-represented workers are guaranteed aid in disciplinary meetings. Having a co-worker present during a disciplinary meeting regardless of union status can provide valuable support to the employee under investigation, prevent a manager from overpowering the employee and safeguard against the boss acting unjustly, prosecutors said.  Source:  Law360

With an older population, are you providing employees with access to grief counseling? Many workplaces have bereavement policies in place – nearly 62%, according to a recent report from Empathy – but beyond a few days off, grieving employees are given little to no support, despite the effect that loss and bereavement can have on productivity, morale, and more. In fact, nearly half (43%) offer no additional bereavement support beyond time off. On average, employers only offer 5.6 days of time off for bereavement.  But grief doesn’t just go away after that time – it continues to affect employees for 10 months or more, the report found. With a quarter (25.9%) of respondents saying they know co-workers who faced a recent loss, it’s clear that this problem isn’t rare – yet it’s rarely talked about. What can HR do to help lessen the load for employees during a tumultuous time? Offer additional bereavement support. Going beyond the typical bereavement leave benefit can make a world of difference for a grieving employee. Consider offering access to resources like support groups, financial support, and counseling.   Train managers on helping employees. A manager’s support can help employees stay on track with work duties and make them more likely to communicate what they need.  Source: HR Morning 1/17/24

Do your employees know “dial it down” phrases?  When people are fired up, angry, and defensive, it’s tough to have a productive conversation. One reason it’s so tricky to de-escalate an emotional conversation is that when these emotions kick in, they’re contagious. One person gets defensive, and the other person responds in kind. “Why are you getting angry? Can’t you see how right I am? What’s wrong with you?” Nothing resolves. Frustrations and resentments build up and poison the work. Here are some tricks to de-escalate situations.  When you calmly call attention to someone’s behavior and ask, “What’s happening for you?” it helps them take a breath and choose a different approach. For example, you might say, “I notice that you’re standing up and yelling. What’s going on for you right now?” Another powerful way to de-escalate is to agree with the person. This is most helpful when someone feels disrespected. If they say something like, “That’s not what’s happening. You don’t understand!” You can respond calmly, with “You’re right. I don’t understand. Can you walk me through what happened so I can understand?” Or when you say “Please correct me where I’m wrong…” you show humility. This powerful phrase helps the other person know that you really are interested in what they have to say.  Source: Let’s Grow Leaders

Pay transparency law enacted in Washington DC: This new law applies to all employers with at least one employee in D.C. (excluding the federal and D.C. governments) and requires such employers to include the minimum and maximum projected salary or hourly wage in all “job listings and position descriptions advertised.” While the statute does not define job listings, its requirements presumably apply to both internal and external postings. The salary band must be what the employer in good faith believes at the time of the posting it would pay for the advertised job, promotion, or transfer opportunity. Note that the statute does not on its face limit these requirements to postings for jobs that will be performed in the District. Employers must disclose to prospective employees, before the first interview, the healthcare benefits that the employee may receive. Employers must post a notice in their workplace notifying employees of their rights under the law.  The law prohibits employers from using a candidate’s previous salary or pay range to screen who is eligible for the advertised position and also from requesting or requiring disclosure of their wage history as a condition of being interviewed or considered for employment.  Source: Crowell & Moring LLP 1/17/23