Category: HR Basics

We provide training and outsourcing support for HR Basics. Blogs in this category focus on those HR Basics topics.

  • Navigating Mediation for Workplace Conflict

    Navigating Mediation for Workplace Conflict

    In law school I had to take two semesters of mediation and negotiation. Having been through a couple mediations myself, I found the courses very interesting and learned a lot about what I did right and what I did wrong in my own mediations. Mediation for workplace conflict gives two parties the opportunity to compromise and come to a win-win solution and oftentimes the outcome is much more favorable to both parties than a court ruling would be. But mediation also has its drawbacks. Let’s take a look at the pros and cons of mediating employment disputes.

    The Benefits of Mediation for Workplace Conflict

    • Cost-Effective: According to recent data, the average cost to defend an employment dispute in court can be up to $200,000. The average cost to mediate a claim is up to $10,000. In addition, mediation usually results in substantially less in potential settlement payout, seeking to substitute financial payout with alternative options.
    • Faster Resolution: Taking a case through the courts can be a very lengthy process, with many courts booking hearings months out. Often it involves requesting discovery information from the opposing party, deposing witnesses, and preparing for a trial. All of which can take a great deal of time and result in substantial attorney fees. Mediation can often be scheduled within a couple months of the initial dispute notification and many issues can be resolved in one or two days, with a final decision being finalized within a few days of the mediation.
    • Confidentiality: Unlike court cases, mediation is private, ensuring that sensitive information or disputes don’t become public knowledge, which can help maintain professional reputations. The relationship with a mediator is very similar to that of an attorney, meaning that you can speak to them confidentially and determine what information they can share with the opposing party. In addition, if an agreement can’t be reached and the case ends up in court, the mediator cannot tell the judge what was discussed or agreed upon during the mediation session.
    • Preserved Relationships: Court cases can get very contentious, and often times both parties are left with hard feelings. Mediation fosters communication and understanding between parties, helping preserve or even improve working relationships. This is especially valuable when ongoing collaboration is necessary.
    • Empowerment and Control: Mediation is about compromise. Both parties have a say in the outcome and can negotiate what that outcome looks like. If a case goes to arbitration or court, you are at the mercy of the arbitrator or judge to make a decision and that decision is binding. 
    • Higher Compliance: Because both parties have participated in creating the agreement, they are more likely to comply with the resolution, resulting in a more durable and lasting settlement.
    • Flexibility: Mediation allows for creative, non-monetary solutions that might not be available in a formal legal process, such as changes to workplace policies, training, or adjustments to job roles.
    • Encourages Open Communication: Mediation promotes dialogue, helping both parties express their needs, concerns, and expectations, leading to better understanding and more effective solutions.
    • Preserves Company Culture: Mediation can prevent disputes from escalating to a level that could damage the workplace environment, helping maintain a positive culture within the organization.

    By addressing conflicts early and collaboratively, mediation provides an effective, mutually beneficial approach to resolving employment disputes.

    The Downside of Mediation

    • Lack of Binding Authority: Mediation agreements are generally not legally binding unless both parties agree to make them so. This means one party could potentially disregard the agreement, leaving the other party with no formal recourse unless they go through additional legal steps. If a court requires mediation, the agreement will be sent to the judge to approve, making it legally binding.
    • Power Imbalances: Mediation between an employer and employee can create a power imbalance. The employer often times has more resources available to them to prepare and execute mediation than an employee does. The employer also has more power over the situation and can attempt to get the employee to agree to less favorable outcomes.
    • Voluntary Participation: Mediation requires both parties to be willing to participate in good faith. If one party is not genuinely committed to resolving the issue or is just going through the motions, the process may fail, and the dispute could escalate further.
    • No Guaranteed Resolution: While mediation can facilitate communication, there’s no guarantee that the dispute will be resolved. If the parties cannot come to an agreement, they may still need to resort to litigation or arbitration.
    • Pressure to Settle: Mediators may encourage a settlement to avoid prolonged conflict, which could pressure one party into agreeing to terms they don’t feel comfortable with, leading to dissatisfaction with the resolution.
    • Limited Expertise: While mediators are trained to handle disputes, they may not always have the same level of expertise in legal or technical issues as a lawyer or arbitrator would. In some cases, this could lead to an inadequate resolution or overlook important legal nuances.

    While mediation for workplace conflict can be effective and efficient, it is not without its limitations and risks. It’s important to carefully consider the nature of the dispute and the dynamics between the parties before opting for mediation.

    If you’re facing an employment dispute, consider whether mediation might be the right path for you. It’s a cost-effective, faster, and often less adversarial way to resolve conflicts while preserving important professional relationships. However, it’s essential to look at each situation independently and determine the benefits and limitations mediation would have in each case.

  • Employment Law Updates: Key Changes Impacting Your Business This Year

    Employment Law Updates: Key Changes Impacting Your Business This Year

    As we have already seen in the last two weeks, with a new administration comes big changes. Let’s take a look at what we know is ahead for us with employment law updates in 2025 and what may still be to come. 

    Alabama Employment Law 

    For employers in Alabama, there are a few laws that passed last year that may have tax implications for your organization. You can click on any of the headings to read more about each of these employment law updates in 2025. 

    Childcare Center Tax Credit: This tax credit went into effect on January 1, 2025 and will run through December, 31, 2027, unless it gets extended. In order to qualify, the organization must be a childcare provider licensed by the state and participate in the Qualified Rating and Improvement System and Child Care Subsidy Program. Qualifying organizations may receive a tax credit of up to $25,000 annually to be used to against income taxes, state portion of the financial institution excise tax, insurance premiums tax, or utility license tax. 

    Workforce Housing Tax Credit: The housing credit is intended to encourage and promote investment in affordable rental housing for low-income families near employers or new areas of economic growth. It offers a dollar-for-dollar credit for certain Alabama tax liabilities. 

    Overtime Pay Exemption: The overtime pay tax exemption continues for 2025 and is currently set to expire on June 30, 2025. Currently employees are not taxed on overtime wages and the state has enforced certain reporting requirements on employers. We will keep an eye on this to see if the exemption is extended beyond the current expiration date.  

    Alabama House Bills to watch

    There are currently three bills in the state legislature bringing possible employment law updates in 2025. These are the bills under consideration that could impact employers if passed.  

    HB20: In recent years there have been a few states and localities to look at discrimination on the basis of weight, and Alabama has joined the list. House Bill 20, if passed, would make it illegal to base hiring and employment decisions on a person’s weight or body size. It’s important to note under this bill that there is not a Bona Fide Occupational Qualifications (BFOQ) exception. 

    HB21: House Bill 21 mirrors the Federal law requiring employers to provide reasonable break time and make a reasonable effort to provide a private location, other than a bathroom, for employees who are nursing mothers to use for lactation purposes. 

    HB29: House Bill 29 relates to updates to the current state unemployment benefits requirements. The primary impact of this Bill would be to change the current requirement that a recipient of benefits apply to at least three (3) positions per week to retain their benefits up to five (5) applications per week. 

    Federal Employment Law: 

    Let’s start by looking at what bills are sitting in the House and Senate that might impact employers this year, then we’ll discuss the administrative actions that have occurred in the last two weeks, what we know and don’t know about them, and how they may impact your organization. 

    There have been recent bills introduced in the House and/or Senate relating to wages for secondary employment being exempt from income taxes, updating the Immigration and Nationality Act with regards to E-Verify usage, and multiple bills that address various aspects of immigration that could have an impact on work visas and authorizations. There isn’t much information available about each of these bills yet as they were just introduced and the text has not yet been made public on Congress.gov. 

    Executive Orders

    Now let’s talk about the recent Executive Orders that have been signed by President Trump and what they may mean for your organizations. 

    In summary, there are a few major areas that we will be watching over the next year. The Executive Orders signed by President Trump leave a lot of questions unanswered and we will just have to wait and see how they ultimately impact Federal agencies and contractors, as well as other private and public employers. The primary areas to watch are

    • immigration and the impact on work visas and authorizations
    • regulations pertaining to federal contracting including DE&I initiatives
    • Title VII protections against discrimination on the basis of sexual orientation and gender identity.

    The Trump administration is focused on ending “illegal and discriminatory programs” that were implemented as part of Biden’s DE&I initiatives. President Trump has required that all Federal employment practices, union contracts, and training programs and policies be reviewed and brought into compliance with Executive Order 14151.

    EO14151 requires that employment decisions and practices be based on individual initiative, skills, and performance, and that DE&I factors, goals, mandates, etc. are not factored into the decisions. It also dictates that Federal agencies require that their contractors and sub-contractors base their employment decisions on the same, thus eliminating affirmative action employment decisions. There are a number of review and reporting requirements that are outlined and may impact Federal agencies, contractors, and sub-contractors depending upon the findings. Unfortunately, the full impact of this Executive Order may not be known for quite some time. 

    In addition to the rollback on DE&I initiatives, the Trump administration has rolled back a number of Executive Orders implemented by previous administrations including EO13988: Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation. We will have to wait and see how this recension plays out given the fact that the Supreme Court ruled in Bostock v. Clayton County, GA (2020) that Title VII of the Civil Rights Act protects from discrimination on the basis of gender identity and sexual orientation. 

    While this is a very brief overview, more information on employment law updates in 2025 (and what may be to come) can be found at the resources below:  


    A Note From Our Team

    Horizon Point believes in diverse, equitable, and inclusive workplaces. We believe that the most successful, thriving businesses are those who value People First and create a sense of belonging for those they employ and serve.

    We will continue to support our clients in driving the workplace forward through innovative people practices: our compensation plans address pay equity, our training programs are designed for diverse learning needs, and our engagement services focus on inclusion and development of all people in the workplace. To learn more about our work in these areas, read these stories from our team:

  • Make Your (HR) List and Check It Twice

    Make Your (HR) List and Check It Twice

    The end of the year is usually the busiest, with holiday planning, trying to finish up projects, and of course the dreaded year-end tasks that haunt us each year. Santa isn’t the only one making a list! Here’s a quick HR and Compliance checklist to help you make sure your organization is on the Nice List this holiday season.

    8 HR and Compliance Reminders

    1. Open Enrollment: For many organizations, it’s open enrollment time on top of everything else on your year-end plate! Make sure employees complete required paperwork in time for you to get those new deductions entered in the system before the first payroll in 2025.

    2. W-2s: As we prepare for year-end taxes and sending out the much anticipated W-2s to employees early next year, now is a great time to remind employees to update their address. And if you have email addresses for employees who terminated during the year, you might want to send them a reminder too as often times they forget to update new addresses with previous employers. 

    3. Affordable Care Act: If your organization hit the 50 Full-Time Equivalent mark this year, verify if you are required to report ACA by filing a 1094-C and providing employees with a 1095-C. If so, start preparing now. 

    4. Rate Changes: If you’re making pay rate changes for the new year, make sure you give payroll plenty of time to get the changes entered in the system. And remember, NO FLSA rate increase for 2025 is required! 

    5. Flexible Spending Accounts: If you offer an FSA, remind employees that it’s use it or lose it. Make sure your enrolled employees know important FSA dates, including the last date to incur expenses, the last day to submit expenses, and if there is any grace period offered. 

    6. Paid Leave: If your PTO doesn’t roll over or has a roll over limit, run an audit report and notify any employees at risk of losing leave. And help them determine a plan to use it or request an exception to the rollover policy if they have a valid reason for not being able to take leave during the year. 

    7. Update your compliance posters: Stroll to your employee break room and take a gander at your compliance posters. Do they need to be updated? If so, now is a great time to order new posters. 

    8. Prepare for reporting: If your organization is required to submit OSHA reporting, start prepping now. Make sure you have copies of all Worker’s Compensation claims and that your log is up to date. 

    While an HR and Compliance checklist may seem daunting, and there are probably a long list of other tasks on your individual to do list, above all else, enjoy this holiday season. 


    If you are looking for HR and Workforce Development help on a budget, we have two eCourses that might be the perfect gift to give yourself this year:

    Back to Basics: Human Resources

    Back to Basics: Human Resources

    Original price was: $99.00.Current price is: $89.00.

    This self-paced, eLearning course covers basic human resource legislation including Title VII and Discrimination, Harassment, Fair Labor Standards, Family and Medical Leave Act, and Right to Work vs. At-Will Employment.  See full course details!

    Read More

    Alabama Workforce Challenges and Solutions

    Alabama Workforce Challenges and Solutions

    $199.00

    We are experiencing unique workforce challenges in Alabama, and solutions seem out of reach. As educators, employers, and community leaders, we can move the needle forward and create workplaces that put People First.  This is a self-directed eLearning course, eligible for 15.0 hours of continuing education credit for credential holders with Center for Credentialing & Education (CCE) and/or National Career Development Association (NCDA) and may also qualify for CE credit for other credentials. 

    Read More

  • Identifying the Stages of Workplace Violence

    Identifying the Stages of Workplace Violence

    I was recently asked to speak at the Alabama SHRM Employment Law & Compliance Conference on the topic of violence in the workplace. A 2022 joint study by the Department of Justice Statistics, Bureau of Labor Statistics, and OSHA showed that while occurrences of workplace decreased 58% between 1994 and 2014, it is once again on the rise. And data published in February 2024 by Valentis, shows that 68% of workers feel unsafe at work. So what can employers do to ensure the safety of their people? 

    First, it’s important to understand what workplace violence looks like. It’s much more than assaulting a co-worker or walking into a workplace with a firearm in hand. Research shows that there are five stages of violence in the workplace. 

    Stage 1 – Anxiety: The employee shows signs of distress or agitation. This may be fidgeting, drumming their fingers, bouncing their knees, or even sweating. 

    Stage 2 – Argumentative/Defensive: The employee becomes verbally hostile. This may include raising their voice, arguing with others or becoming defensive when addressed. It may include interrupting others and not allowing them to speak. 

    Stage 3-4 – Verbally/Physically Threatening: In stages 3-4 the employee may begin with verbal threats. These may be very direct or veiled statements. From this the employee may move to physical threats, such as threatening physical harm or using physical movements as a form of intimidation (such as getting up into another employee’s face). 

    Stage 5 – Assaultive: The employee physically touches another person with the intent to harm. Or the employee physically destroys company property (I once had an employee assault an MRI machine!). 

    So how can employers use this information to protect against workplace violence? 

    Safety starts at the top. Ensure your leaders are trained on what to look for and how to address behavior at each stage. And make sure that they are trained on safety plans, such as what to do if an assailant enters the building or an employee becomes physically aggressive. And then make sure that information is shared with all staff at least annually. Take reported concerns seriously and investigate them promptly. Too often employees see a failure to act on concerns from leadership and this leads to employees opting not to report concerns. 

    How are you ensuring that your leaders and staff are trained to identify workplace violence risks and what to do if they witness concerning behavior?