March 2022
Contents
|
MONTHLY NEWSLETTER
EMPLOYEE
PHOTOS
By: Brandy Doggett
Project and Implementation Manager
Did you know that you can upload employee photos into Prism HR employee files and have them reflected in the employee portal? With workplaces becoming increasingly remote, it can be beneficial for managers to see an employee photo attached to their file to truly put a face to the name. This can help take away anonymity between employee and manager, especially if there isn’t consistent face-to-face interaction.
Only managers with manager access to the Prism HR portal have the ability to upload pictures, employees are not able to upload these independently. The maximum size for upload is 40kb or dimensions of 500x500 – this is a common profile picture size requirement. If you have any questions about this feature or need assistance, please contact your HR Business Partner or Payroll Specialist!
IMPORTANT:
Colorado 'Non-Compete' Legislation
By: Debra Fowler, SHRM-CP
Training & Compliance Manager
Effective March 1, 2022, SB 21-271 updates the Colorado non-compete legislation making violations of the statute a criminal offense, becoming the first state to do so. Under the current legislation (C.R.S. § 8-2-113) non-compete agreements that restrict the employee’s ability to work for a competitor in a similar capacity during or after employment, and non-solicit agreements that prohibit employees from soliciting an employer’s customers to do business with them instead of the employer after they’ve left the company, are NOT enforceable. The newly added language states that a “person who violates this section commits a Class 2 misdemeanor” which is punishable by up to 120 days in prison, a $750 fine per violation, or both.
Colorado has historically prohibited restrictive covenants (non-compete and non-solicit), with the following exceptions:
-
Contracts for the purchase and sale of a business or the assets of a business
-
Contracts for the protection of trade secrets
-
Contracts providing for recovering of educating and training employees who have served the employer for less than two years
-
Agreements with executives, management personnel, and their professional staff.
There has been gray area surrounding which employees qualify for an exemption from the law, but there are specific factors the courts look for when determining if an employee is an executive, manager, or professional staff. Generally, this includes individuals who have significant responsibility, influence, and decision-making power for the business and act in a supervisory capacity. There is also an interpretation that states employees should have some sort of professional degree/training to qualify as professional staff for executive or management.
These changes force employers to consider carefully whether they are correctly applying the title of executive, manager, and professional correctly in terms of non-compete or non-solicit agreements, and to ensure they avoid using “force, threats, or other means of intimidation to prevent any person from engaging in any lawful occupation at any place” they see fit. Employers should consider removing any non-compete and non-solicit language from company-wide agreements, such as Handbooks or other forms to avoid any risk of criminal penalties associated with violation of the statute. Any existing agreements should be reviewed for compliance with the updated legislation.
10 Most Common HR Mistakes
By: Regina Dyerly, SHRBP, PHR
VP, Human Resources & Operations
Sometimes in the “busyness of running your business”, it is easy to forget the importance of having a strong HR infrastructure and complying with changing regulatory conditions. Unfortunately, when mistakes are made in Human Resources, they can cost companies both time and money. Here are 10 of the most common HR mistakes, not in any particular order!
1. Not Having an Up-to-Date and Compliant Handbook
In the increasing legislatively heavy time we find ourselves in, it is surprising how many companies draft or edit handbooks without ensuring all necessary updates and requirements are included. Every year there are required edits that are needed, and a qualified professional should be reviewing it for you. Some handbook items to consider:
-
Not distributing and obtaining signed handbook acknowledgments every time there is an update and not storing signed acknowledgments in employee files.
-
Not ensuring it is accessible to employees to access anytime.
-
Not communicating and discussing major policy changes to ensure understanding.
-
Not communicating how important it is for new hires to read through the handbook and that they are accountable for following the policies of the handbook.
2. Lack of Documentation on Terminations
In rare cases, an employee does something so egregious that they need to be terminated immediately, but in most situations, there are numerous opportunities to address and document undesirable or non-compliant behavior(s) and it is critical that you do. Employer lawsuits are on the rise, and documentation is evidence that you took the proper steps to resolve performance issues.
Having a documented disciplinary action process where deficiencies and expectations are clearly defined and communicated takes the guesswork out. Also, it is important to clearly state in the documentation that additional violations will result in further disciplinary action up to and including termination. The EEOC had 67,448 charges filed in 2020 and many of those turned into lawsuits. (Read More...)
Hi! I’m David. I am one of Vida HR’s original employees. As a founder, I was part of getting Vida HR started as a business. I have been working in the HR and Payroll world since 2004. In my role as CIO, I support our team in many aspects of our business.
I have my Bachelor of Science degree in Biological Sciences from North Carolina State University in Raleigh, NC. I have a Master of Science degree in Information Systems from the Colorado Technical University in Colorado Springs, CO. My PI profile is a Collaborator.
A little about me:
I grew up in North Carolina and lived there until my early thirties. I have an identical twin brother and three other brothers. I met my wife Sharon in Raleigh, NC. Since leaving NC, we have lived in CO, CA, and TX.
My wife and I enjoy traveling, hiking, and spending time with our Whoodles, Sophie and Oliver (Pictured). I live in Colorado Springs, and I have spent many hours hiking Red Rock Canyon Park (my favorite park).
