雇主是否需要给工人吃饭休息？推荐阅读 Are Employers Required to Give Workers Meal and Rest Breaks?谷歌翻译机器人自动翻译：
雇主可能很难找出哪些员工有权吃饭和休息，以及在提供休息时必须遵守哪些规则。是否需要为休息时间支付工资？在换班期间的特定时间是否需要休息？就业法律师告诉SHRM在线。
纽约市杰克逊·刘易斯（Jackson Lewis）律师理查德·格林伯格（Richard Greenberg）说，联邦法律并不要求成年雇员进餐或休息。对于选择提供短暂休息（最多20分钟）的雇主来说，“公平劳动标准法案”确实要求雇主在那段时间支付雇员的工资，并按计算加班工资的时间来计算这个时间。
查尔斯·麦克唐纳（Charles McDonald）是南卡罗来纳州格林维尔市Ogletree Deakins律师事务所的律师，他说，大部分的膳食和休息休息规定都受到州法律的管辖，但是依从性可能会非常棘手，特别是对于那些必须考虑许多不同要求的多州雇主而言。
州差异的例子
格林伯格解释说，州法律对所需休息的频率，工人是否可以免除休息以及是否必须允许员工离开办公场所有所不同。
[人力资源管理局成员资源：国家膳食和休息休息要求 ]
例如，在加利福尼亚州，工人每工作四个小时就有10分钟的有薪休息时间，“或者大部分时间”，每五个小时工作30分钟的无薪餐休息时间。员工可以放弃休息的权利，但只有在工作时间不超过六小时的情况下。在某些情况下，雇员可以被允许进行“值班”用餐，但时间必须按照工人的正常工资率支付。
加利福尼亚州的法律也规定必须在休息时间的什么时候休息。休息时间必须在四个小时的工作时间中间进行，并且在轮班的第五个小时结束之前必须进餐。
麦当劳说，加利福尼亚州的雇主要记录休息是至关重要的，因为国家的法律是如此具体。但他指出，员工只能“休息”休息，因为需要支付休息时间。
如果不遵守休息法，那么州内的雇主就会面临严厉的惩罚。员工每天有权享受一小时的休息时间规则，每天还有一小时的工作时间没有遵守。
一些州的要求比加利福尼亚要求不严格，但是他们的法律还规定了何时必须休息。例如，在康涅狄格州，至少工作七个半小时的员工通常有权吃饭。员工必须在头两个小时之后和最后两个小时之前休息。然而，康涅狄格州没有休息休息法。
罗得岛州的雇主必须为员工提供20分钟的用餐时间，上班时间为6小时，30分钟的用餐时间为上班时间为8小时的员工。
包括阿拉巴马州，佛罗里达州，印第安纳州，爱荷华州，路易斯安那州，密歇根州，新泽西州，北卡罗莱纳州，宾夕法尼亚州，俄亥俄州，俄克拉荷马州和弗吉尼亚州的许多州都有违反未成年人的规定，
McDonald说，这些规定不仅在各州有所不同，而且在某些地区也有所不同。
例如，马里兰州拥有50名或更多员工的零售企业必须为工作时间为四至六小时的员工提供15分钟的休息时间，或者为长时间工作的员工提供30分钟的休息时间。
在密苏里州，煤矿工人有权享受一小时的用餐时间。
雇主提示
雇主需要知道什么样的休息要求适用于他们经营的地点，麦当劳说。
休息政策应该解决休息的时间，时间和频率; 他们在哪里可能被采取; 如果有的话，可以在休息期间执行什么样的职责; 以及时间是有偿还是无偿。
格林伯格说，在一个以上的司法管辖区内运作的雇主应该尝试提出一般性的多级解决方案，并确保在诉讼风险最高的地区（如加利福尼亚州）执行所有最佳实践协议。
英文版本：
https://www.shrm.org/ResourcesAndTools/legal-and-compliance/state-and-local-updates/Pages/Employee-Required-Meal-and-Rest-Breaks.aspx
mployers may have a difficult time figuring out which employees are entitled to take meal and rest breaks and what rules they have to follow when offering those breaks. Do workers have to be paid for breaks? Do breaks have to be taken at a certain time during the shift? Here's what employment law attorneys told SHRM Online.
Federal law does not require meal or rest breaks for adult employees, said Richard Greenberg, an attorney with Jackson Lewis in New York City. For employers that choose to offer short breaks (up to 20 minutes), the Fair Labor Standards Act does require employers to pay employees for that time and count that time as hours worked when calculating overtime pay.
Most meal and rest break rules are governed by state law, but compliance can be tricky, particularly for multistate employers that have to consider many different requirements, said Charles McDonald, an attorney with Ogletree Deakins in Greenville, S.C.
Examples of State Differences
State laws differ as to the frequency of breaks required, whether workers can waive breaks and whether employees must be allowed to leave the premises, Greenberg explained.
[SHRM members-only resource: Meal and Rest Break Requirements by State]
In California, for example, workers are entitled to a 10-minute paid rest break for every four hours worked "or major fraction thereof" and a 30-minute unpaid meal break for every five hours they work. Employees can waive their right to take a meal break but only if they work no more than six hours. In certain circumstances, an employee may be permitted to have an "on-duty" meal period, but the time must be paid at the worker's regular rate of pay.
California law also dictates at what point in the shift the breaks must be taken. Rest breaks must be taken near the middle of a four-hour work period, and meal breaks must be taken before the end of the fifth hour of a shift.
It is critical for California employers to record breaks because the state's laws are so specific, McDonald said. But he noted that employees should only "clock out" for meal breaks because rest breaks need to be paid.
Employers in the state face steep penalties if they don't comply with break laws. An employee is entitled to one hour of pay for each day a rest-period rule was violated and an additional one hour of pay for each day a meal-period rule wasn't followed.
Some states have less stringent requirements than California, but their laws still specify when breaks must be taken. For example, in Connecticut, employees who work at least seven and a half hours are generally entitled to a meal break. Employees must take their break after the first two hours and before the last two hours of work. Connecticut, however, doesn't have a rest break law.
Rhode Island employers must provide a 20-minute meal break to employees who work a six-hour shift and a 30-minute meal break to those who work an eight-hour shift.
Many states—including Alabama, Florida, Indiana, Iowa, Louisiana, Michigan, New Jersey, North Carolina, Pennsylvania, Ohio, Oklahoma and Virginia—have break rules for minors but not adults.
The rules not only vary from state to state but also from industry to industry in some jurisdictions, McDonald said.
For example, retail businesses in Maryland with 50 or more employees must provide a 15-minute rest break to employees who work between four and six hours or a 30-minute meal break to those who work longer hours.
In Missouri, coal miners are entitled to take an hour-long meal break.
Tips for Employers
Employers need to know what break requirements apply to the locations in which they operate, McDonald said.
Break policies should address the duration, timing and frequency of breaks; where they may be taken; what duties, if any, may be performed during a break; and whether the time is paid or unpaid.
Employers that operate in more than one jurisdiction should try to come up with a general multistate solution and ensure in areas with the highest litigation risk—such as California—that all best-practice protocols are implemented, Greenberg said.
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2018年01月22日
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Employers, Employees Disconnected over AI-related Job DisplacementsLooking at the fast-growing AI age, generative AI is having a great impact on job security. Most employees have expressed their 'psychologically unsafe' at work, while most employers are unconcerned about this. In fact, in order to generate values more efficiently, leaders are supposed to be open to generative AI and upskill their employees.
'Misaligned perceptions' among leaders, employees erode trust, report says.
Employers and employees are not seeing eye to eye when it comes to the impact of generative AI in the workplace, hindering trust and preventing organisations from unlocking the potential of the technology at work.
This is according to a new report from Accenture after collecting data from over 7,000 C-suite leaders and 5,000 employees of large organisations across 19 countries.
According to the report,58%of employees are worried about generative AI's impact on job security.
This comes amid recent research from the International Monetary Fund saying the rapid rise of AI will expose nearly 40% of jobs worldwide, while another report from Goldman Sachs said it will put at risk 300 million jobs.
C-suite not concerned about AI
But members of the C-suite don't appear too concerned about this outcome, as the report found that less than one-third of them feel job displacement is a concern for people.
It also found a disconnect between employees and the C-suite when it comes to how gen AI will affect well-being.
For 60% of employees, they believe it will increase stress and burnout, while only 37% of leaders see this as an issue.
These disconnected views contribute to the lack of trust from employees, who don't believe their organisations will ensure positive outcomes when utilising generative AI, according to the report.
"Misaligned perceptions between leaders and workers also erode trust," the report said. "This lack of trust puts the trifecta of opportunities at risk."
'Trifecta of opportunities'
The report outlined three opportunities that organisations can maximise when it comes to gen AI and they are:
Accelerating economic value
Increasing productivity that drives business
Fostering more creative and meaningful work of people
But the lack of trust from their employees are preventing these organisations from leveraging these opportunities, despite 95% of them saying they see the value in working with AI, according to the report.
Role of leaders in gen AI integration
It also comes as two-thirds of employees said they don't have the technology and change leadership expertise to drive the reinvention need to take advantage of AI, according to the report.
"There's a way, however, for leaders to close the trust gap and accelerate gen AI integration: Look at and emulate how leading organisations are leveraging gen AI in ways that are better for business and better for people," the report said.
Only nine per cent of organisations in the survey were classified as "reinventors," who have achieved the capability for continuous reinvention and have maximised the potential of AI.
More than half of these reinventors are already redesigning jobs and roles around AI as steps to reshape the workforce, according to the report.
"Key to all of this: three-quarters are actively involving their people in their enterprise change efforts, while reskilling people," the report said.
These organisations are being transparent to employees throughout the process to establish and foster trust, according to the report.
Ellyn Shook, chief leadership and human resources officer, Accenture, underscored the role of leaders in the transition to gen AI.
"Success starts with leaders who are willing to learn and lead in new ways, to scale gen AI responsibly, to create value and ensure work improves for everyone," Shook said in a statement.
"It starts with asking a simple question: are people 'net better off' working here? This not only unlocks people's potential and drives bottom-line growth, but also paves the way for workers feeling comfortable, trusting and ready to work with gen AI. What we've learned from the past as leaders is that what happens next is up to us. The best outcomes are ours to shape."
SOURCE HRD
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2024年01月22日
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Experience and Insights in the Staffing Domain in Human ResourcesShaukhiHashim是The RuMa酒店公寓的董事，有十余年的酒店招聘经验。他提出了几个招聘中的要点，包括人才招聘与企业整体战略的符合，候选人对企业文化的理解，工作环境多样性与包容性，入职流程与留住员工，数据运用与数据分析。对人力资源招聘有很大的参考作用。
For decades, the field of human resources （HR） has evolved to meet the ever-changing needs of businesses and organizations. One of the important functions of the human resources department is staffing. This involves identifying, attracting, selecting, and retaining employees to achieve organizational goals. Over the years, staffing has become increasingly complex, requiring HR professionals to develop insight and experience to effectively meet talent acquisition and management challenges.
As a seasoned HR professional with over a decade of experience in staffing in hospitality, I have faced various challenges and gained important insights that have shaped my understanding of the complexities of HR management.
One of the most important insights I have gained in the staffing domain is the importance of aligning talent acquisition with the organization`s overall business strategy. To be successful, HR professionals must have a deep understanding of the organization's goals and the specific skills and competencies needed to achieve those goals. This requires close collaboration with key stakeholders, including senior leadership, department heads, and hiring managers. By understanding the organization's strategic priorities, HR can ensure that the staffing efforts are aligned with the broader business goals, ultimately delivering a more impactful and purposeful workforce. Unlike other industries, hotels have different departments, each with unique roles and responsibilities. From housekeeping to reception to catering, each department requires different skills and qualifications. As HR professionals, it is important to have a clear understanding of these requirements to effectively recruit the right candidates and place them in the right positions.
In addition to strategic alignment and effective communication, I have learned the value of understanding and driving the organization's culture throughout the hiring process. Culture fit is a critical factor in the long-term success of new hires, and HR professionals must be able to identify and assess candidates who will thrive within the organization's unique work environment. This requires a strong understanding of the organization's values, rules, and expectations, as well as the role of accurately assessing a candidate's cultural alignment throughout the hiring process. This involvement enables tighter demand forecasting and staffing performance, which ultimately leads to greater staff satisfaction and better guest service.
Another important insight I have gained in the staffing domain is the significance of diversity and inclusion in the hiring process. In today's globalized world, organizations must recognize the value of a diverse workforce and its benefits. Diversity in terms of gender, race, ethnicity, age, and background can drive innovation, creativity, and adaptability in the workplace. As an HR professional, it is crucial to ensure that the staffing efforts are inclusive and promote equal opportunities for all candidates. This involves implementing fair and unbiased selection processes, addressing unconscious bias, and actively seeking out diverse talent pools.
Once the right candidates are selected, the onboarding process plays a crucial role in their retention and success within the organization. Providing new employees with a comprehensive orientation program that familiarizes them with the company's culture, policies, and expectations sets them up for success from day one. Ongoing support and development opportunities should also be provided to ensure continuous growth and engagement.
Throughout my experience in the staffing domain, I have also realized the importance of data and analytics in HR management. Tracking and analyzing key metrics, such as time-to-fill, cost-per-hire, and retention rates, can provide valuable insights into the effectiveness of the staffing process. By leveraging data, HR professionals can identify areas for improvement, optimize recruitment strategies, and make data-driven decisions to enhance overall staffing performance.
The staffing domain in HR management is a complex and evolving field that requires HR professionals to have insight and experience to effectively attract, select, and retain talent. Aligning staffing efforts with the organization's business strategy, recognizing the importance of culture fit and diversity, implementing efficient recruitment and selection processes, providing comprehensive onboarding, and leveraging data and analytics are key aspects to consider navigating the challenges and ensure successful staffing outcomes.
SOURCE ManageHR
资讯
2024年01月22日
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温馨提示：加州雇主必须在 2024 年 2 月 14 日之前通知员工竞业禁止无效
作为NACSHR专业社群，让您的全球受众了解就业法律的重大变化非常重要，尤其是在美国这样的主要经济体。加利福尼亚州关于非竞争协议的最新进展就是一个很好的例子。以下是可能与您的读者相关的摘要和要点：
法律的主要变化：自 2024 年 1 月 1 日起，加州几乎所有形式的员工竞业禁止协议和条款都将失效。这是就业法的重大转变，反映出美国限制非竞争协议可执行性的趋势日益明显。
雇主义务：从 2024 年 1 月 1 日起，加州雇主有 44 天的时间通知所有现任和前任员工（在过去两年内受雇并签订过竞业禁止协议的员工）这一变化。通知必须告知员工，之前的任何竞业禁止协议现已失效。
通知方式：雇主必须通过邮件和电子邮件发送此通知，确保所有受影响的员工都能充分知晓。
违规处罚：未遵守通知要求的雇主可能会面临每次最高 2,500 美元的处罚。这强调了遵守新法规的重要性。
执法：虽然这项新法规的执行主要由加州总检察长和其他政府检察官负责，但从加州起诉违反非竞争协议行为的历史来看，雇主最好采取积极主动的态度。
全球影响：对于全球人力资源专业人士而言，了解这些变化至关重要，尤其是对于在加州开展业务的跨国公司而言。这一发展可能会影响雇佣合同谈判和人力资源实践。
这些信息对您的读者至关重要，可帮助他们深入了解重要司法管辖区不断演变的就业法律，并强调随时更新国际人力资源法律要求的重要性。
WHAT’S THE IMPACT?
Employers must send notices to the last known mailing and email address of every current and former employee who worked under a non-compete after January 1, 2022.
The notice must state that any noncompete to which the employee was bound is now void.
Failure to comply with the Valentine’s Day deadline will trigger Unfair Competition Law penalties up to $2500 per violation.
As an HR professional and editor, it's important to keep your global audience informed about significant changes in employment laws, especially in major economies like the United States. The recent development in California regarding non-compete agreements is a prime example. Here's a summary and key points that might be relevant for your readers:
Key Change in Law: As of January 1, 2024, California has invalidated nearly all forms of employee non-compete agreements and clauses. This is a significant shift in employment law, reflecting a growing trend in the U.S. towards limiting the enforceability of non-competes.
Employer Obligations: California employers now have a 44-day window, starting from January 1, 2024, to notify all current and former employees (who were employed in the last two years and had a non-compete agreement) about this change. The notification must inform employees that any previous non-compete agreements are now void.
Method of Notification: Employers are required to send this notification via mail and email, ensuring that all affected employees are adequately informed.
Penalties for Non-Compliance: Employers who fail to comply with this notification requirement could face penalties of up to $2,500 for each violation. This underscores the importance of adhering to the new regulation.
Enforcement: While enforcement of this new regulation is primarily the responsibility of the California Attorney General and other government attorneys, the state's history in prosecuting non-compete violations suggests a proactive approach from employers is advisable.
Global Implications: For HR professionals worldwide, understanding these changes is crucial, especially for multinational corporations with operations in California. This development could influence employment contract negotiations and HR practices.
This information could be vital for your readers, offering them insights into evolving employment laws in a key jurisdiction and highlighting the importance of staying updated with international HR legal requirements.
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2024年01月22日
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改善居家办公问责制的7个方法受漫长的疫情影响以及网络通讯日益方便迅捷，居家办公了越来越合理化。居家办公成为职场大势，而管理者通常认为居家办公会严重影响员工工作效率。事实上，与其一味心里过滤不如正视其好处，适应混合式和多元化工作。
想了解居家办公问责制，就要知道是居家办公问责制的什么，其好处是什么，以及七个改善团队或企业问责制的方法。
居家办公（WFH）是许多美国专业人士的新型常态，无论是全职的远程工作还是混合式工作。然而，这种工作制度给企业和员工带来许多利益的同时也带来了特别的挑战——尤其是问责制的问题。没有了传统的办公环境，办公效率以及办公可靠度就需要刻意努力和有效的策略来维持。
在这篇文章中，我们将探讨如何改善居家办公的问责制，让个人和团队在这种新的工作环境下蓬勃发展。
What is work-from-home accountability?
什么是居家办公问责制？
Accountability is taking ownership of one’s actions, decisions and outcomes in the remote work context. This means being responsible for meeting deadlines, maintaining quality levels and honoring commitments made to colleagues and stakeholders.
When working from home, it’s important to establish clear expectations and guidelines for accountability. This includes:
Defining specific goals and objectives
Setting realistic deadlines
Providing regular feedback
Giving support
Accountability in remote work also requires effective communication. Inform all team members about progress, challenges and any changes that may affect the workflow. This promotes transparency and allows for better collaboration and problem-solving among teams.
Benefits of work-from-home accountability
居家办公问责制的好处
To enhance accountability in remote work, it’s important to recognize its significance. Some of the benefits of focusing on accountability in remote workers include:
Improved responsibility: When people hold themselves accountable for their work, they’re more likely to step up and take responsibility for the outcome of their tasks. This also gives employees a sense of accomplishment and improves job satisfaction.
More transparency: When you set clear expectations for remote teams, it’s easier for them to be clear about what they’re working on and when they may need help. This also increases trust among team members.
Improved collaboration: Remote team accountability helps employees collaborate by outlining who’s responsible for what, so they know who to communicate with to ensure work is completed.
Fewer missed deadlines: When working remotely, it’s easy to let deadlines slide past without colleagues reminding you when work is due. Improving accountability among WFH team members helps reduce the number of missed deadlines and streamlines workflows.
Better work-life balance: Accountability also improves work-life balance for employees by making sure no team members have to pick up the slack for others.
7 ways to improve work-from-home accountability
改善居家办公问责制的7个方法
Leaders and managers can establish and improve WFH accountability through a few methods. Every organization is different, so you’ll need to find what works best for your situation.
1. Set a clear WFH policy
建立明确的WFH政策
The first step in establishing WFH accountability is to have a clear policy in place. It’s a good idea to ensure team members have buy-in so they don’t feel that they can’t follow the rules. Some items your policy should cover should include expected working hours, hybrid schedules and technology usage policies. Some virtual teams may work on their own schedules and timelines while others will need to have set hours in place to ensure collaboration. Many virtual teams will need more structure than others. It’s important your policy encompasses the best system for your entire organization. Work with your managers and team leaders to find out what policies will work best for everyone.
2. Clarify responsibilities
明确职责
If employees know what’s expected of them, they’ll be more likely to hold themselves accountable to those expectations. Make sure you set clear goals, deadlines and benchmarks so employees can hold themselves to them. Workers need to know what they’re responsible for and who to ask if a project is running late or they need more help. Key performance indicators (KPIs) help teams measure the quality and efficiency of their work to make changes where needed. This is particularly important in a remote work environment where team members don’t have regular physical interactions with each other.
3. Provide the right tools
提供合适的工具
Remote employees may need additional technology and tools to communicate, collaborate and complete tasks. Make sure you provide your teams with the right technology to help them meet goals and stay on track. Virtual teams will need the right communication tool for team meetings, plus project management and collaboration tools to keep each other accountable in real time. Time management and tracking tools help teams determine how to assign project deadlines and prioritize as well. Cloud-based systems help employees work from anywhere and at any time, helping them complete projects when working from home or traveling. Leadership also needs specialized software like ActivTrak to maintain visibility and manage hybrid and remote workforces.
4. Encourage clear communication
鼓励清晰的交流
The best-performing virtual teams are those who can communicate regularly and clearly about their work. Many of the tools you provide your team members will help them communicate about work status, bottlenecks and processes. However, you should also encourage communication among teams through other means, such as weekly newsletters and quarterly all-staff meetings. Just make sure that you’re not scheduling unnecessary meetings for your team’s needs.
5. Give regular check-ins
日常打卡
Beyond clear communication about the team or organization as a whole, structured check-ins for individual employees helps ensure work-from-home policies are working for each person. Give employees a chance to voice their concerns with existing policies or let their managers know where they may be struggling. This also provides an opportunity for managers to help employees see where they’re hitting goals or where they may need to work harder. WFH environments may change over time as your team members and their needs change, so flexibility and regular feedback are key.
6. Measure productivity
衡量工作效率
Remote employee management requires understanding how your teams work best and what blockers may keep them from productivity. One way to make sure you’re setting realistic goals and that team members are accountable for their work when they work from home is to monitor productivity. There are many benefits to using WFH productivity tracking software like ActivTrak, including helping team members with time management, task management and accountability. It also gives your leaders insight to make decisions driven by data rather than guesswork, so you can see where workflows and processes may need tweaking or what’s working for your remote teams. You can also see if team members may be working too much or too little and redistribute the workload as needed.
7. Reward employees for achievements
员工成就奖励
Create a culture of engagement by rewarding employees for being accountable and meeting （or exceeding） expectations. Bonuses, extra paid time off or gifts can be special rewards, but even publicly praising employees for their contributions can go a long way toward improving accountability in your team. Other rewards can include new opportunities to further their careers or take on new challenges. Different teams and employees will have different needs for feeling valued and rewarded, so let your managers find the best way to let employees know they’re appreciated.
Use ActivTrak to improve work-from-home accountability
If you’re ready to take the next step to enhance work-from-home accountability for your team, ActivTrak offers a comprehensive workforce analytics platform customizable to your needs. Get insights to assess and improve employee productivity and well-being and gain visibility into how work gets done within your company. Use data to inform key decisions and optimize outcomes for your remote or hybrid teams. To see how ActivTrak can empower your team, contact our sales team for a free demo.
SOURCE ActivTrak
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