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1. FEATURE STORY:
RECOVERING FROM THE STORM

As the Gulf Coast picks up the pieces after Hurricane Katrina, employers across the country have numerous opportunities to contribute to recovery efforts. The federal government is helping to make it easier by giving employers a break in different areas. Here are a few.

Employment documentation: On September 6, the Department of Homeland Security (DHS) announced that, for the next 45 days, it will not punish employers for hiring individuals evacuated or displaced as a result of Hurricane Katrina who are otherwise eligible for employment, but at this time are unable to provide I-9 documentation. Employers still need to complete I-9 forms as much as possible, but should make a note where the documentation normally required is not available due to Hurricane Katrina. At the end of the 45 days, the DHS will review the policy and make further recommendations.

Read the news release at:

http://www.dhs.gov/dhspublic/display?content=4788

Leave donation programs: The Treasury Department and IRS issued Notice 2005-68, under which employees can forgo leave in exchange for their employers making cash payments (before January 1, 2007) to qualified tax-exempt organizations providing relief for Hurricane Katrina victims. Employees do not have to include the donated leave in their income, and employers will be permitted to deduct the amount of the cash payment.

To view a copy of Notice 2005-68, click on:

http://www.irs.gov/pub/irs-drop/n-2005-68.pdf

Federal contracts: The Office of Federal Contract Compliance Programs (OFCCP) announced September 9 that it will grant a limited exemption and waiver to federal contracting agencies regarding the inclusion of an equal opportunity clause in covered contracts entered into to provide Hurricane Katrina relief. Contractors "will not be obligated to develop the affirmative action program, prepare the reports, or provide the notices usually required under the regulations implementing" Executive Order 11246, the Vietnam Era Veterans' Readjustment Assistance Act, and the Rehabilitation Act of 1973, all as amended. The exemption and waiver is in effect for three months, and may be subject to an extension.

View the OFCCP memorandum at:

http://www.dol.gov/esa/ofccp/pdf/Katrina1.pdf

Most important website: For employers directly affected by the hurricane, the Labor Department's website at http://www.dol.gov/ contains phone numbers and links to information on finding jobs/workers, unemployment insurance, national emergency grants, job training grants, and OSHA safety guidelines, among others.

WHERE EMPLOYERS WON'T GET A BREAK

Employers won't get a break when it comes to applying most federal laws. Here are the main laws that employers risk running afoul of during a time of crisis.

Fair Labor Standards Act: Income is important to employees hit hard by the hurricane. But not all companies will be able to continue to pay employees' salaries for a couple weeks or a month while their facility is closed, like some of the larger corporations are doing. At the very least, you must pay exempt employees their full salaries for any week in which they have done work. You have to pay non-exempts only for hours actually worked.

State payday laws: Some states have laws that dictate by when employees must receive wages. It's safe to assume, though, that late paychecks aren't on top of state labor departments' priority lists in the areas hardest hit by the hurricane.

Consolidated Omnibus Budget Reconciliation Act (COBRA): Continuation of health benefits is equally as important as the receipt of wages. But where homes have been destroyed and individuals have been relocated across the country, keeping track of workers and, thus, where to send COBRA paperwork is a tremendous challenge.

Family and Medical Leave Act: Employees may be entitled to leave if they or a family member has a serious health condition.

Americans with Disabilities Act: You may have to accommodate employees who have suffered a medical condition, such as post-traumatic stress disorder.

Uniformed Services Employment and Reemployment Rights Act: If they haven't been called to duty overseas, chances are good that service members on your payroll may be mobilized to the Gulf Coast.

CHANGE HAPPENS...HELP EMPLOYEES EMBRACE IT!

The fear of change often results in employees refusing to accept the change, or at least begrudgingly accepting it.  Either way, these resistant employees...View the full story on our website.

FREE REPORT OF THE MONTH:

Check out the Free Report, "Do Your Sexual Harassment Efforts Pass Muster?," which provides you with the guidelines you need to prevent, stop, and respond appropriately to sexual harassment in the workplace. You get information on avoiding liability, writing a sexual harassment policy, formulating a complaint procedure, investigating a claim, and preventing retaliation.

Kick back, relax, and take a few minutes to check out the new HR Soapbox, "Business Helps The Gulf Coast Bounce Back After Katrina," in which an editor talks about how business has responded to those affected by Katrina.