Tag: HR Management

HRInsights Weekly Lightbulb 05-11

May 11, 2012 by charlie

This Week’s HRI “Lightbulb”  – RESPECT

“RESPECT” means a whole bunch more to some people when it comes to effective management.  Check out Paul Marciano’s ‘RESPECT Model’. His construct is an “actionable philosophy” and an approach to leadership that “appeals to and affects employees’ beliefs, values and sense of worth”.  There are seven drivers to the ‘RESPECT Model’:  recognition, empowerment, supportive feedback, partnering, expectations, consideration and trust.  For small business leaders, HRInsights recommends taking a look!  And, forget the carrot-and-stick; it’s all about respect!

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Overtime Rules’ Violations in the Crosshairs

April 30, 2012 by jim

Labor lawyers are doing a fine business in this ambivalent economy thanks much to employers’ unknowing abuse of overtime rules and/or misclassification of employees into exempt or non-exempt status.  Bill Bowen of The Dallas Morning News writes, “As the economy has tumbled, the number of fair wage cases investigated by the Dallas office in 2011 almost doubled the 642 in 2008.  Nationally, the department investigated a record number of wage and hour cases, most of which are for unpaid overtime.”  One theory explaining this trend is the complicated laws and changing workplace circumstances that confuse employers.  In fact, some estimate that between 60% and 80% of employers are NOT in compliance with the Federal Labor Standards Act (FLSA).  Are you?

Enacted almost 75 years ago, the FLSA may not be relevant to today’s workplace and the people who are employed there.  Mr. Bowen continues, “Gone are the clear lines of demarcation among manager, employee, administrative worker and the outside salesperson, designations that help define whether a worker is exempt from the wage and hour protections.”  And look at how work habits have changed.

Thanks to technology that did not exist back when banana splits were 16 cents and the minimum wage was 33 cents, employees can work flexible hours, from home or on the road, and they are more likely to be an independent contractor.  Try keeping up with the number of hours these people work!  As experience has played out, there are two typical types of “overtime violations”.

  1. “Off the Clock”:  When workers are asked to perform certain tasks before or after they start work, such as changing into special work clothing or daily “pre-meetings”.  Or, if they are asked to work during lunch.  Rule:  If the employee is on the premises and under the employer’s control, then they should be paid.
  2. “Classification Infractions”:  Today’s star example is the information technology position.  Do not classify a computer system employee by their job title.  Their job responsibilities are the important criteria in determining Exempt/Non-Exempt Status (NOTE to Clients: find the “Checklist for Identifying Exempt Employees” in the HRInsights Answers Tool).  Banks have also been on the hook for classifying Loan Officers as “Exempt” using the administrative exception. However, the Courts have found these employees to be spending the preponderance of their time selling loan products and are “Not Exempt”.

While small businesses won’t be hit with the large back-pay awards suffered recently by AT&T, IBM and others, the price tag for an infraction will hurt their pocketbook just the same.  So, take the time to review your employees’ status once a year.  You may find reason to make some changes.

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Four Reasons Why Employers Should Not Ask for Facebook Passwords

April 16, 2012 by charlie

Late last month several US Senators asked Attorney General Eric Holder and the Equal Employment Opportunity Commission to investigate the legality of employers asking potential employees for their Facebook passwords as a condition of employment.  Soon laws will be in place to clear up the confusion.  However, regardless of the outcome, here are four reasons why employers should just avoid asking an employee for their Facebook password in the first place.  These excerpts were taken from an opinion piece appearing in the 4/8/12 edition of the Chicago Tribune by Jeff Nowak, Partner and Co-Chair of Franczek Radelet’s Labor and Employment Practices Group.

  1. It could expose the employer to discrimination claims.  A fundamental best practice for employers when soliciting information about job candidates is to make certain that any inquiries are “job-related”.  When employers access a candidate’s social media account, they likely are exposed to information that is not job-related and not to be considered in an employment decision.
  2. Employers can also be exposed to privacy claims.  Mr. Nowak points out that social media is the new “water cooler of the workplace”, where employees gather to share personal commentary and complaints.  New legislative issues aside, employers accessing social media could be violating existing anti-eavesdropping and privacy laws depending on the state.
  3. Most employers are not prepared to handle private information.  If an employer misses signals in social media accounts that an employee may engage in conduct harmful of others, will the employer face liability for negligent hiring practices?  Also, once an employer has an employee’s password they are responsible to protect it.
  4. Employer = Big Brother.  Legal issues aside, think of the messages an employer sends to prospective employees by asking for access.  First, it suggests that you lag in your understanding and acceptance of social media, and, second, it says immediately upfront that trust is an issue.

Mr. Nowak summarizes, “Requiring Facebook passwords is not good business.”  It is highly unlikely to bring meaningful benefits.  And, people can erase their media posts in seconds, so why go to the trouble?  HRInsights agrees.

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Why Employers Need a Social Media Policy

April 6, 2012 by jim

Internal company policies are designed to articulate rules where laws either do not exist or where laws are not specific enough.  Sexual harassment is a prime example of where laws lack specificity. To avoid litigation, an employer must “take reasonable care” to:  1) prevent sexual harassment, and 2) promptly correct sexual harassment that has occurred.  To “take reasonable care” is not specifically defined, but there are deliberate steps that employers can take to easily satisfy this requirement.  One of those is to have a policy communicated clearly to employees.

What about social media?  The legal system is still behind and very slow in catching up to address employee versus employer rights when it comes to Facebook, in particular.   A teacher’s aide in Michigan, who had posted a picture last year of a co-worker’s pants down around her ankles, has been suspended because she refused to give her Facebook password to her employer.  A teacher in Illinois was fired from her job for posting a comment on her Facebook page stating that she felt like she was teaching “the next generation of criminals”.  Where does the right to privacy and free speech begin and end?

Laws and courts have yet to decide.  However, there is movement.  For instance the Illinois House of Representatives recently passed a bill that prohibits employers from asking employees for their social media passwords (pending in the State Senate), and other states are following the lead.  Where does that leave employers?  Make your position clear with employees by publishing and clearly communicating a Social Media Policy.  Start by having a Policy that addresses the following 4 subjects:

1.     Confidentiality

  • Employees are not Company spokespeople.
  • Company information is the Company’s property.

2.     Company References

  • Employees are allowed to speak about the Company (1st Amendment).  But, employees should inform their manager in advance.
  • Company property (IP and otherwise) is the Company’s property.

3.     Competitive Activities

  • Employees cannot compete with the company.  And, this certainly means via personal websites even if the activity is “off-hours”.

4.     Privacy Rights

  • Employees are required to respect others.
  • Even if respectful, employees are required to identify themselves.

Until our legal system delineates right from wrong, help protect your business and your employees.  HRInsights recommends that you make your Social Media Policy clear.  Like other company policies, make certain to update it to reflect changes in regulations and laws, include it in your company’s employee handbook, and communicate it regularly.

 

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HRInsights Weekly Lightbulb 04-05

April 5, 2012 by charlie

This Week’s HRI “Lightbulb”  – The Distasteful Sandwich

This week’s HRI Lightbulb comes to us from Collette Carlson who has nifty advice wrapped in a food metaphor on providing negative feedback in a constructive manner.

The Distasteful Sandwich

by Collette Carlson

Have you been taught to “sandwich” constructive criticism be­­tween two positive statements?

Example: ”Barb, you are a wonderful communicator, but the last three meetings you’ve dominated the conversation and even interrupted others while speaking. I’d appreciate you being more aware and giving others a chance to contribute. And by the way, your recent report outlining team goals was well-written.”

I think this is a distasteful way of delivering feedback and here’s why:

1.  ”But” is an eraser word. We all have been taught that anything that follows the word “but” negates everything said prior. The positive information gets discounted.

2.  The message doesn’t sound sincere. Since too many of us are familiar with this technique, it screams technique, which lowers trust and believability.

3.  It destroys the truth behind the positive messages. Most of us walk away from the “sandwiched” approach only hearing the critical feedback. We focus on the meat and completely miss the positive messages. It’s better to save the bread for another time to reinforce someone’s talents.

When you’re able to communicate effectively, you’ll see positive results — and sidestep some dangerous pitfalls.

What to do instead?

  1. Share the specific event, behavior or performance that concerns you.
  2. Explain how this creates a challenge.
  3. Ask for the desired behavior change.
  4. Be supportive and listen.

In the above example you would simply say, “Barb, the past three team meetings I’ve noticed you spoke the majority of the time and interrupted others. Others end up not contributing and we could be losing out on some great input. During our meeting later today, I’d like you to be more aware of your communication style and allow others the floor. I still want your input today. The team needs you and values your contribution. Can I support you in this in any way?”

You may think, “Hey, that was just an open-faced sandwich!” It was a sincere way to help Barb understand that she is valued. And the comment is also specific to the issue at hand.

Colette Carlson, MA is a funny and exciting Human Behavior Expert and author who motivates thousands worldwide revealing the power of Speaking Your Truth! Only by telling the truth on herself, combined with her hunger for personal development, was she able to overcome her own fears and addictions that kept her 50 lbs. overweight and making underwhelming choices. This led to her passion to share her wit and wisdom with others saving them time, money and sanity!  Visit Collette at www.speakyourtruth.com.

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Doing One Thing at a Time

March 22, 2012 by jim

I am almost finished.  Wait!  First, I need to respond to this e-mail.

Following my recent blogs/posts about meeting inefficiency and smartphone over-use, I read a related Harvard Business Review blog posted by Tony Schwartz, President & CEO of The Energy Project, titled “The Magic of Doing One Thing at a Time”.  Mr. Schwartz’ point?  25% to 50% of employees report feeling burned out at work not only because of working too many hours, but also because of working too many continuous hours.  Because of all of this great new technology, our lives are interrupted frequently enough to the point that we take longer to finish anything.  Mr. Schwartz writes, “Wherever we go, our work follows us, on our digital devices, ever insistent and intrusive.  It’s like an itch we can’t resist scratching, even though scratching invariably makes it worse”.  Makes sense, and it is time to adjust.  Mr. Schwartz recommends:

For the Manager:

  1. Maintain meeting discipline
  2. Stop demanding instant responses at every moment of the day (see “Predictable Time Off” or PTO from my post  Employees Happier with Less Smartphone Activity)
  3. Encourage regular breaks

For the Individual:

  1. Do the most important daily task first
  2. Set aside time to think
  3. (Really) Disconnect on vacations (regularly)

The downside of not making adjustments is reduced productivity (up to 25% less) and increased burn out.  But this is easier said than done.  Even the HRInsights team remains glued to their smartphones, but at least now we’re cognizant of its impact on job performance, and plan on making small, baby steps going forward.

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What is Sexual Harassment?

March 19, 2012 by charlie

We all know the term and we even hear the term thrown around facetiously from time to time.  But the entire working spectrum from owners to management to employees needs to understand what sexual harassment is and why it’s a problem. The Equal Employment Opportunity Commission (EEOC) defines sexual harassment as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment.”

This definition seems to draw a fine line that, hopefully, none of us have to worry about crossing. But, there are a few misconceptions that don’t make the matter as black and white as it may initially sound.  A few rules that we should all know about are:

  • The victim as well as the harasser may be either a woman or a man.
  • The victim of sexual harassment does not have to be of the opposite sex of the harasser.
  • The harasser can be the victim’s supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
  • The victim does not have to be the person harassed, but could be anyone adversely affected by the offensive conduct.
  • Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
  • The harasser’s conduct must be unwelcome in order to constitute sexual harassment.

To prepare you and your organization proactively, make sure that you have clearly stated your policies on sexual harassment in the workplace.  Overstate it if you have to, just make sure to cover all the angles.

Don’t know if you’ve covered it all or if you need to be more specific? HRInsights can help… join our webinar to find out if you have everything in your sexual harassment policy that you need.

 

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HRInsights Weekly Lightbulb 03-15

March 15, 2012 by charlie

This Week’s HRI “Lightbulb”  – Crime at Work

Ladies and gentlemen, the story you are about to hear is true. The names have been changed to protect the innocent.

Paula Purse-Leaver had the $200 she had saved to buy her newest husband (third)  a Valentine’s Day gift stolen at work.  Management didn’t do anything, and she didn’t call the police!  Poor Paula; goodbye 200 smackeroos.

The correct HR policy:  1) a good manager should have at least helped her call police; all crime should be reported, and 2) sufficient communication should be sent to all employees highlighting the incident while recommending common sense precautions to be taken to prevent a recurrence.

Particularly for small businesses that give public access to their premises, HRInsights recommends that you post security policies and procedures.  Make your employees know you care.

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HRInsights Weekly Lightbulb 03-08

March 8, 2012 by charlie

This Week’s HRI “Lightbulb”  – Slow Your Roll

Wouldn’t you have guessed it!?  A new study published in the current edition of the Academy of Management Journal finds that when workers face a choice between right and wrong, they are five (5) times more likely to make the unethical choice when the decision is rushed.  One test put 146 undergraduates in a fictitious situation in which they received more money for lying and less for being truthful.  Some were given 30 seconds to make a decision; others, 3 minutes.  Those who had the longer to think were more likely to make the moral choice, and be truthful.  So, when in doubt? HRInsights says “take a deep breath, have a cup of de-caffeinated coffee, and consult an ethical colleague.”  You may prevent a corporate scandal!  (On a personal note, this technique also helps you respond more effectively to e-mails that “test your patience”).

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FMLA Advisor

March 8, 2012 by charlie

The Department of Labor has recently released the FMLA Advisor to help businesses determine if they are covered by the FMLA and if employees are eligible for coverage.  At HRInsights, we realize that you may not have the time to go through the entire advisor, but it is important to know if you are covered and if your employees are eligible.  So here’s a quick review of the FMLA:

The Family & Medical Leave Act:

  • Covers only certain employers;
  • Affects only those employees eligible for the protections of the law;
  • Involves entitlement to leave;
  • Maintains health benefits during leave;
  • Restores an employee’s job after leave;
  • Sets requirements for notice and certification of the need for leave;
  • Protects employees who request or take leave; and
  • Includes certain employer record keeping requirements

Eligible employees of covered employers are entitled to FMLA leave for:

  • The birth of a child and to care for the newborn child;
  • The placement of a child for adoption or foster care and to care for the newly placed child within one year of placement;
  • Care for a family member with a serious health condition;
  • The employee’s own serious health condition that makes the employee unable to perform the functions of his or her job; or
  • Certain military-related reasons.

So if you’d like to take a quick look at coverages and eligibility, here’s a simple way to do it:

Employers click here. Employees click here.  Go through the questions to find out.  If you’re unsure contact HRInsights’ HR Advisors to get further advice (go to www.hrinsights.com and click ‘I Need HR Advice’).

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