Articles and Presentations

WERC Sheet May 2004

The HR Link

While warehousing is about moving product in and out, you can't overlook the importance of HR laws in your daily job.

Unless you've had training recently or dealt with an issue that's brought it to the forefront, it may have been some time since you've given thought to the American with Disabilities Act (ADA). After all, it has been about 10 years since the ADA first took hold. But that doesn't mean you can let your awareness of the ADA--or any other human resources--related laws for that matter--slide.

Nor can you depend on your HR department to keep you up to date on such laws. While large companies might have the manpower to constantly update logistics and warehouse managers, smaller companies may not be in the same position. Either way, it's your responsibility to know and stay current with the vast number of HR-related laws.

Among those laws that could lead to trouble if not followed carefully are the laws of the Equal Employment Opportunity Commission (EEOC), the Employment Non-Discrimination Act of 2001, the Paycheck Fairness Act, the Managed Care Improvement Act, and the Family and Medical Leave Act, among others.

"Many logistics managers fail to realize that these regulations affect them and are not just the concern of their HR departments," says Don Jacobson, senior partner for LogiPros, a management recruiting organization based in Lincoln Park, N.J. "Some HR departments do an excellent job of informing managers of new laws and regulations, and others consider it solely an HR function. However, the truth is that the logistics/warehouse manager is the one that deals with these issues, face-to-face, every day."

Another problem is that, often, warehouse managers forget the details of the many laws. "While logistics professionals are required to know certain laws, they often forget because they don't use them every day," says Jim Owens, director of HR for Lanter Logistics Inc., based in Madison, Ill. "We encourage our logistics people to check with us whenever an issue comes up."

Common mistakes

For those companies or logistics managers that aren't diligent about HR training, mistakes-sometimes costly ones-are bound to occur. For instance, forgetting to document an incident might lead to trouble down the road. "If a manager fails to document regularly and timely, and an aggrieved employee challenges a complaint, there's nothing to back the manager up," says Owens.

It's also easy to forget about the "protected classes"-people with disabilities, or who are of a certain age or race. "This could come back to haunt you," says Owens. Jacobson says that, in his experience, the four most common mistakes logistics managers make with HR-related laws include:

• Failure to document
• Believing that knowledge of these laws is the sole concern of the HR department
• Not taking the time to educate lower level supervisors
• Not taking action when a problem is identified

Wanda Franks, corporate HR manager at Aspen Alliance Group, a 3PL based in Victorville, Calif., agrees that failure to document is a big problem. "Too often, the paper trail isn't as it should be," she says. "You need documentation to make sure you are covered, especially if you terminate."

The best way to avoid such mistakes and to stay current on all relevant HR laws, say the experts, is to create an open dialogue with your HR department and participate in any training that's available.

At Aspen Alliance Group, for example, HR training is just part of the routine for logistics managers. The company has an HR supervisor on site at each facility. "We communicate with the other departments frequently, which helps management stay on top of the laws they need to know," says Franks.

Beyond that, Aspen is also big on both internal and external HR training for logistics professionals. "Anything we can get our people to that will provide a better understanding of the HR laws is worthwhile," says Franks.

In house, the staff attends quarterly seminars that provide training in areas like leadership and "HR for non-HR employees." Even when finding the time to squeeze in training becomes tough, Aspen ensures that its people have as many resources as possible, including CD-ROMs and booklets on particular laws.

A strong relationship between HR and logistics is key to providing this type of training. "You might begin by opening a dialogue with your HR department," says Jacobson. "This could create an alliance beneficial to all concerned and help to protect the manager as well as the company. Another good source is the company's in-house legal department."

Lanter Logistics also maintains a comprehensive training program for its management and staff. Beginning with orientation, managers receive thorough HR training. For instance, new hires go through a several-hours long program called "HR Responsibility for Managers." "We go over all the regulations and acronyms that they need to know," says Owens. "We also go through documentation, grievance handling and other topics they must know how to handle."

The same employees will then receive additional training on new topics as well as updated information on topics that have already been covered. Owens says, for instance, that future training might cover things like the application of company rules or workplace violence. "We want to keep them as up-to-date as possible," he says.

Jacobson says that such a regular approach to HR training is key. "A good manager should always have working knowledge of everything that affects his/her job and/or department," he says. "Regularly scheduled training sessions, focused on one or two particular points makes it easier for these managers to keep up. Also, each manager should hold similar training sessions for their lower level supervisors to ensure their knowledge of what is right and wrong in the workplace."

What you need to know now

While there will always be HR-related laws that logistics managers must be aware of, some of the most recent issues have involved the way courts handle these cases. For example, says Jacobson, "Many think that the law protecting employees from sexual harassment in the workplace is a relatively new law. However, the law was passed in 1964. It has been amended since then, but only to increase the penalties against those who break its rules. The results of those penalties are what get attention."

Owens agrees. "Often, the courts make decisions that amount to an interpretation of the law," he says. "This has the same effect as a new law because it sets a precedent."

For instance, he says, when it comes to cases involving temps, things can get a bit complicated. "It used to be that temps were not considered employees of the temp agency's clients," Owens says. "But now, there are judges who consider them to be 'co-employees' of both the agency and the client. So now temps have the right to file charges against the client."

Head-spinning to follow, yes, but not impossible. Clearly, when it comes to staying abreast of what you need to know about HR laws, the best defense is a good offense.

Useful Web Sites

If you'd like to stay on top of HR regulations, there are several Web sites worth investigating. They include:
o www.workforce.com
o www.eeoc.gov
o www.dol.gov

"Also consider checking in with your local chamber of commerce or local non-profit organizations that can help provide employee HR training," says Franks. Both can be valuable sources of information.

Click here to view the original article.

To learn more about the Warehousing Education and Research Council (WERC) visit us at www.werc.org

For more information contact OptimumSCR or upload your resume.