Fridays with Frank – Sept 6, 2019

Happy Friday!

Why is it that short work weeks always seem to feel longer than a standard workweek? Especially when the short week is preceded by a vacation. Maybe it’s because I’m trying to get two weeks’ worth of work done in four days!

But, don’t worry, Fridays with Frank is a priority. So, let’s get to it!

She said, “Hi,” he heard, “Hello there, you sexy thing!”  Wow, no easing into potential conflict for me this week! In, Sexual Overperception Bias and Workplace Harassment, Jeffrey Polsky, an attorney with Fox Rothschild, discusses the role male sexual over-perception bias (yep, that’s a new one for me too!) may play in some forms of workplace harassment. Is this another lame attempt at excusing certain unacceptable behaviors? Absolutely not. I believe knowledge of potential (unconscious) biases and other factors that may lead to harassing behaviors and using that knowledge in my harassment prevention training, are essential steps in preventing harassing behaviors.

To Fire—Or Not To Fire—That is the Question!  Your employee commits an offense worthy of firing (i.e., workplace violence). Your zero-tolerance policy says fire them. Then, you realize firing them could result in a retaliation claim based on their recently filing a discrimination complaint. But, if you don’t fire them, what happens the next time an employee violates a zero-tolerance policy? This sounds like a situation my friend Eric Meyer, an attorney with Fisher Broyles, addressed recently in The Employer Handbook blog.

EEO-1, Component 2 Filing Deadline is September 20, 2019  A reminder for employers with 100 or more employees, EEO-1, Component 2 data by September 30, 2019. For the first time, covered employers must submit information about their employees’ compensation and working hours, broken down by certain demographic criteria, including gender.

EEOC Guidance on Completing EEO-1 Recognizes Non-Binary Gender Employees  With the requirement that EEO-1, Component 2 data broken down by gender, and several states allowing individuals to self-classify as non-binary on government-issued documents (such as a driver’s license or ID card), employers were left wondering how to comply. For clarification, our friends at Fisher Phillips issued a Legal Alert explaining the recent EEOC guidance on this important topic.

“That’s the way we’ve always done it.”  That’s what I hear when asking why an employer rounds their employees’ work time for payroll. Time rounding made sense when payroll was calculated using an abacus, and even when adding machines were all the rage. But, with the advent of spreadsheets, electronic time clocks, and payroll services (yes, I’m being snarky), it’s time to revisit that process. In his article, Time Is Money: A Quick Wage-Hour Tip on…Time-Rounding, Michael Kun, an attorney with Epstein Becker Green, provides some thought-provoking insights for your consideration.

Thanks for spending a small part of your day with me and have a great weekend!

Posted by Frank Cania, president of HR Compliance Experts LLC.

Please feel free to contact Frank at, or 585-380-1566 with questions or for more information.

Disclaimer: This content is for informational purposes only, does not constitute a legal opinion, and is not legal advice. The facts of each situation should be considered and analyzed individually. Therefore, you should always consult with competent employment counsel regarding any issues discussed here.

CLICK HERE to learn more about Frank Cania and HR Compliance Experts LLC.

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