The Importance of Human Resources

In our practice, we often encounter companies with little to no Human Resources department, division, or personnel. More often than not, small businesses assign the administrative HR tasks (processing applications, completing I-9s, administering health insurance plans, payroll, etc.) to other office personnel, whether it is an Office Manager, a Staff Accountant, or an Executive Assistant (or some combination/split thereof). While most small businesses view this as a cost-saving measure, these setups can be quite harmful to businesses in the long run.

While HR may not be a traditional revenue-generating arm of your business, HR certainly can save your company money and even may add to the bottom line. To see this, though, you must recognize HR is much more than a payroll and personnel paperwork administrator.

So how can HR save your company money? Any business that has been involved in significant employment discrimination/retaliation litigation should know this answer. In such litigation, the existence of HR personnel, as well as the HR personnel’s performance, is critical. Whether or not a case proceeds to trial (and by extension the risk of a large judgment against the employer) hinges on several key questions:

• Did the company have an HR department?

• Did the company have policies regarding discrimination/retaliation/harassment and complaint procedures?

• Did the company follow those policies and procedures?

• Did the company take steps to remedy any discrimination/retaliation/harassment?

These are issues a highly skilled and trained HR professional handles best. Your payroll clerk, benefits administrator, office manager or accountant may not have the time or skills to assess and address these vital issues adequately and appropriately. As a result, any failures may result in a large judgment assessed against your company. I’m willing to bet your small business does not have a line entry on your balance sheets for “large adverse jury verdict.” A competent HR department (or a competent HR employee) is your first line of defense against such judgments and, by extension, can save you significant money.

You may remember I said earlier that HR can make you money. I know you might be questioning my sanity at this point, but it is true. Statistics regularly show a happy workplace is a more productive workplace. Higher productivity often leads to higher revenue. For example, think about how much it costs you every time an employee quits and you must hire and train a replacement. So how do you get a happy workplace?

We’ll be blogging soon about the human side of HR (which absolutely leads to a happy workplace) but, in the meantime, HR can create a happy workplace if you:

• Act as a sounding board for employees

• Train first-line supervisors and managers about proper employee supervision, providing positive feedback, and resolving employee disputes

• Ensure all company policies and procedures are followed and uniformly applied

• Act as a company’s first-line mediator between feuding co-workers

I think we can agree we each want a happy workplace that is as productive as possible. After today, I hope we also can agree achieving that goal calls for a Human Resources department or, at a minimum, a skilled Human Resources employee.

Coles Corner Winning Wine: September 2009 (Archive)

September 2009: Wall 2006

Cabernet Sauvignon: For Cab

lovers a big and bold red

wine is a necessity. This Cab

is not quite as big and bold

as a classic Cab. But this Cab is ready to drink and delivers bright mixed berries and

a long finish.

"Salaried" Employees Are Not Always "Exempt"

Employers often hold a common misconception that salaried employees absolutely are exempt from overtime wages under the Fair Labor Standards Act (FLSA). This misconception, as well as the resulting consequences from misclassifying a non-exempt salaried employee, can be costly. Salary is merely one aspect of some FLSA exemptions. The employee's duties and not his or her title or method of pay truly determine an employee's exempt or non-exempt status under the FLSA. Paying a non-exempt employee a salary does not determine per se whether the employee is entitled to overtime wages.

To best determine an employee's status you should contact an attorney, but the most common exemptions (and those exemptions in which salary is included in the analysis) include:

• Professional Exemption: Primary duty requires knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized instruction OR primary duty is work requiring invention, imagination, originality, or talent in a recognized field of artistic or creative endeavor.
• Administrative Exemption: Primary duty is office or non-manual work (must directly relate to management or general business operations of employer or customers). The employee must also exercise discretion and independent judgment on matters of significance.
• Executive Exemption: Primary duty must be management and the employee in question must regularly direct the work of two full-time employees (or equivalent). The employee in question also must have authority to hire and terminate employees OR recommendations on these issues are given particular weight.

Again these are simply the three most common exemptions (the FLSA includes a lengthy list of exempt employees) and even the particular requirements for these exemptions can be tricky. Assuming the employer properly classified the employee as exempt, an employer still can destroy this exemption by its actions. Some common actions that destroy exempt status are: docking pay for work quality or quantity and using exempt employees to perform non-exempt work.

Remember, your general conceptions regarding salaried versus non-salaried employees might not be entirely accurate. Ensuring you properly classify your employees as exempt or non-exempt will save you money in the long run.

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