Labor and Insights February 2016 eNewsletter
Labor and Insights February 2016 eNewsletter


Feature Article
Don't Be Afraid to Say, 'You're Fired'

When people get promoted into a management role, the going phrase is that you now have "hire and fire" power. Almost everyone enjoys using his or her hire power – it's great to build your own team and see each individual employee grow. But fire power? Unless you're a cold-hearted person, you generally don't enjoy using your fire power – ever.

But should you?

If you think the answer is "no," consider the hiring and firing operations of the federal government for a moment – you're more likely to die than to be fired in a government job. Then, think about the level of service provided by most government organizations: Do you want to run your business with the efficiency of a DMV? Then don't fire anyone. But if you want to be better than that, you need to be willing to let people go when it's warranted.

Read on.

Tip of the Month
Telling a New Employee They Need to Improve

My experience has been that managers, supervisors, and HR people dread having to tell an employee that their work is not up to par or they need to improve or they need to change something that is disagreeable. Although these conversations are not often easy or fun, the following suggestions should help to ease the pain for both of you.

Read on.

Q & A
Poor Performance Review Prompts Legal Action


My employee sent me a scathing email in response to a performance evaluation I just gave her. She has contacted her attorney and has threatened to quit. At this point I just want to fire her. How should I respond?


As tempting as it may be to terminate this employee immediately, it is critical that you keep a level head and do your due diligence. You don’t want to let the fact that the employee has called an attorney force you into a hasty decision you may regret.

A less than stellar performance evaluation is never easy to deal with for either party, but also should never be a surprise to the employee.

Read on.

Legal Updates
New FLSA Exemption Rules–Coming In July?

Over the last few months we've been asked on an almost daily basis when the DOL will be publishing its hotly anticipated white collar exemption rules. The short answer is still, we don't know. A few months ago, the word was "late 2016," which made some sense due to the extremely high volume of comments the DOL received during the 60-day public comment period.* Now, signs point to an earlier release.


Read more.

New Plan to Collect Companies' Salary Data Through EEO-1 Form

On January 29, 2016, President Obama announced that the Equal Employment Opportunity Commission ("EEOC") will be proposing (in the form of a proposed new federal regulation) a revision to its longstanding Employer Information Report ("EEO-1"). The current EEO-1 reporting guidelines require certain private sector employers and federal contractors to provide workforce profiles containing data sorted by race, ethnicity, gender and job category. The proposed new rules would now expand the scope of those required disclosures in the EEO-1 form. Specifically, they would require employers with 100 or more employees to report by race, ethnicity and gender their employees' total hours worked and W-2 earnings (including tips, taxable benefits and bonuses) for a 12-month period.


Read more.

Volume I
Issue IX
February 2016
In This Issue

Don't Be Afraid to
Say, 'You're Fired'

Telling a New Employee
They Need to Improve

> Q & A
Poor Performance Review
Prompts Legal Action

New FLSA Exemption
Rules Coming In

New Plan to Collect
Companies' Salary Data

Request and Employee

Contact Us

The Arnold Group

Corporate Office
530 S. Topeka
Wichita, KS 67202
t: 316.263.9283


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