Can I require call ins from Employee's on Leave?

From the Jackson Lewis Law Firm:

 

Company Call-in Policy Upheld, No Interference with Employee's FMLA Rights

Date:

2.8.2011

An employer did not interfere with its employee’s rights under the Family and Medical Leave Act by firing her for violating repeatedly the company call-in policy, a federal appeals court in St. Louis has ruled in an unpublished decision.  Thompson v. CenturyTel of Central Arkansas LLC, No. 09-3602 (Dec. 3, 2010). The Court also ruled that the FMLA did not require an employer to provide its employee with written notice of its call-in policy each time she request leave.

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Be careful what you do!

Green Bay Dressed Beef LLC and OFCCP Settle Gender Discrimination Case

On February 3, 2011, the U.S. Department of Labor (DOL)’s Office of Federal Contract Compliance Programs (OFCCP) announced that Federal contractor Green Bay Dressed Beef LLC (Green Bay) has agreed to settle a gender discrimination case for $1.65 million in back pay, interest and benefits to 970 women who were rejected for general labor positions at the company’s plant in Green Bay, Wisconsin, in 2006 and 2007.

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National Labor Relations Board announces settlement in social media case

February 7, 2011
Contact:
Office of Public Affairs
202-273-1991
publicinfo@nlrb.gov
www.nlrb.gov

Settlement reached in case involving discharge for Facebook comments

A settlement has been reached in a case involving the discharge of a Connecticut ambulance service
employee for posting negative comments about a supervisor on her Facebook page.
The NLRB’s Hartford regional office issued a complaint against American Medical Response of
Connecticut, Inc., on October 27, 2010, alleging that the discharge violated federal labor law
because the employee was engaged in protected activity when she posted the comments about her
supervisor, and responded to further comments from her co-workers. Under the National Labor
Relations Act, employees may discuss the terms and conditions of their employment with coworkers
and others.
The NLRB complaint also alleged that the company maintained overly-broad rules in its employee
handbook regarding blogging, Internet posting, and communications between employees, and that it
had illegally denied union representation to the employee during an investigatory interview shortly
before the employee posted the negative comments on her Facebook page.
Under the terms of the settlement approved today by Hartford Regional Director Jonathan
Kreisberg, the company agreed to revise its overly-broad rules to ensure that they do not improperly
restrict employees from discussing their wages, hours and working conditions with co-workers and
others while not at work, and that they would not discipline or discharge employees for engaging in
such discussions.
The company also promised that employee requests for union representation will not be denied in
the future and that employees will not be threatened with discipline for requesting union
representation. The allegations involving the employee’s discharge were resolved through a
separate, private agreement between the employee and the company.
The National Labor Relations Board is an independent federal agency vested with the authority to
safeguard employees’ rights to organize and to determine whether to have a union as their collective
bargaining representative, and to prevent and remedy unfair labor practices committed by private
sector employers and unions.
###
News Release
National Labor Relations Board
Office of the General Counsel

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New added partner to the DBAI partners

For some time we have been seeking the addition of an immigration attorney to our DBAI Partners who followed a similar business model and could advise our clients on issues in this arena.

Today we had a productive discussion with Jon Velie the Managing Partner of the Velie Law Firm out of Oklahoma City, OK and have added the firm to our partner table. The firm will provide a free initial consultation to any organization who has a question regarding the hiring of immigration status talent that you might be considering bringing into your talnet pool.

Look for Jon's posts on our Posterous blog.

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Relocation Announcement

Copart Inc. will move its headquarters out of Fairfield and shift its head offices to Grand Junction, Texas, the company said Thursday, a departure that jolts California's already wobbly economy.

The company, one of theSan Francisco Bay Area's largest public companies, employs an estimated 334 workers at its Fairfield facility. Copart will exit the current headquarters as soon as late 2012.

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Growing War for Talents Looms as U.S. Economy Continues to Recover.

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MILWAUKEE, Feb. 4, 2011 -- Manpower Inc., (NYSE: MAN) world leader in innovative workforce solutions, has warned that continuing high levels of unemployment are coupled with large numbers of unfilled job vacancies as the January U.S. jobs report, released today by the Bureau of Labor Statistics, showed the economy created 36,000 jobs last month and the unemployment rate fell by 0.4 of a percentage point to nine percent. Manpower announced at the World Economic Forum Annual meeting last week that the world has entered a new age, where employers will be awakened to the power of humans as the future drivers of economic growth as access to talent replaces access to capital as the key economic differentiator. Aging workforces, the collaborative power of rapidly-evolving technologies, the need for companies to do more with less, and the problem of the skills young people are being equipped with not matching the skills businesses need are converging, making talent attraction and retention critical in order for organizations to gain a competitive edge.   "As the economy begins to click into second gear, employers are hiring but they are doing so with extreme caution. They will only hire individuals who have the exact specificity of skills they are looking for," said Jeffrey A. Joerres, Manpower Inc. Chairman and CEO. "The economy will gather strength as 2011 progresses and businesses will need to work with their people to unleash their full spectrum of skills and engage them on a human level to retain their best employees in an era when competition for talents becomes ever greater." Temporary employment was little changed in January, with a fall of 11,000 in the number of people taken on for temporary assignments during the month. This suggests employers still have a degree of uncertainty about the sustainability of the recovery and are opting to grow their flexible workforce rather than risk full-time hires at this stage. Manpower's quarterly Employment Outlook Survey for the first three months of 2011 shows that American employers report the most optimistic hiring intentions in more than two years.   SOURCE Manpower Inc.

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Federal Court Limits FMLA conditions

The Jackson Lewis law firm in a posting on the Employment Law Information network reported that

 

Federal Court Rules Hospital Employee's Faith-Healing Vacation is Not Protected FMLA Leave

Date:

2.3.2011

An employee’s seven-week trip to the Philippines with her husband, who suffered from multiple ailments, was not protected leave under the Family and Medical Leave Act, the federal appeals court in Boston has ruled.  Tayag v. Lahey Clinic Hosp., Inc., No. 10-1169 (1st Cir. Jan. 27, 2011).  The FMLA entitles employees to 12 workweeks of unpaid leave annually “to care for the spouse … of the employee, if such spouse … has a serious health condition.”  During their trip, the employee and her husband visited family and friends, went to Mass and met with Catholic church officials.  This, the Court determined, did not comprise medical care for the employee’s husband within the meaning of the FMLA.  The Court determined the employer did not violate the FMLA by terminating the employee for taking unapproved leave and affirmed summary judgment for the employer.

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Who is making the decisions within our organizations?

I was returning from a client's location this afternoon and turned on the local NPR affiliate for the latest news.They are currently conducting a three part series entitled "Post Mortem." In today' segment they discussed the fact that there are 1600 individuals within this country who carry the title of CORNER. In many of them the only qualification to make the decisions about whether someones passing must be reviewed by an autopsy, is that they be of a certain age and that they are free of any felony convictions.

After listening to the segment I began to consider, how the same scenario could be taking place within our organizations. How often do we leave human capital utilization decisions to those who do not understand the implications of their decisions on the human capital outputs. When management tries to make unsubstantiated decisions on what they think is right but without the human resource professional input, the organization will suffer in the long run. The result can lead to miss hires, failures in choosing the right individual to carry the organization into the future. Further the decisions of the organization may not take into the equation the legal issues that are required by the business you are in.

Human resources needs to be forceful about letting the management of our organizations know that we are a critical part of the decision process when considering change to our organizations. We are the ones who via our training, understand the demands on the organization talent and regulatory wise. We are the ones who understand the principles of succession planning so that we can ensure that the future of the organization is present within the talent pool of our business. Human resources department and it's professionals have the knowledge to keep us out of legal morass that is present in many organizations.

While management rightly has a major role in the decisions about the organization, they cannot be made as a silo and rule out the valuable contribution their human resource professionals make to the decision process.

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Why do we do that?

The corporate mobility industry has for a long time done some things that many people consider strange at best. Back in 2005, Daniel Bloom and Associates, Inc, wrote and published the history of the relocation industry from 1955 to 2004 under the title "Just Get Me There: a  Journey through Corporate Relocation." It explains some of the reasoning on why the relocation industry acts as it does.

The book is now available through Google Books.

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HireCentrix Post: Are Contact Lists Still Trade Secrets in the Age of Social Networking Sites?

Hirecentrix (http://www.hirecentrix.com) posted a notice today regarding a decision by a federal judge regarding candidate lists

Last week, a United States District Judge in New York approved the report and recommendation of a Magistrate Judge holding that a headhunter’s contact lists were not protectable trade secrets because the information therein was readily ascertainable on social networking sites. Sasqua Group, Inc. et al. v. Lori Courtney et al., 2010 U.S. Dist. LEXIS 93442 (Aug. 2, 2010) (report and recommendation).

If the recommendation is followed in other Uniform Trade Secrets Act (UTSA) cases, businesses may have to rethink the ways in which they protect their contact lists. The case also highlights the value of utilizing employment agreements containing non-competition or non-solicitation covenants.

Sasqua Group, an executive search firm for the financial services industry, sued its recently departed employee and her new firm claiming that use of Sasqua’s contacts lists constituted misappropriation of trade secrets. The contact lists identified decision-makers at financial services firms and traders who might be looking to change firms. Sasqua relied on cases from the 1980s and 1990s affording protection to seemingly comparable lists.

Defendants argued that because the information was known outside of the plaintiff’s business and was readily ascertainable from public sources, it did not constitute a trade secret. During the evidentiary hearing, Defendants walked the Magistrate Judge through how the data could be tracked down in only a few minutes on the internet. Having obtained the names of potential customers (financial institutions) by Google searches, Defendants would use LinkedIn and other social networking sites such as Bloomberg and Facebook.

The Magistrate Judge agreed with the Defendants, acknowledging in a detailed analysis that the world has significantly changed:

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Results are in and the picture is not pretty

The Nation's Report Card results have been released and it tells us that our students are not making the grade in Science and Math. The Pacific Rim countries are graduating students fluent in English and with better scores then we are.

Every time I turn around someone is saying how we are the source of innovation in the world and that might have been the case in the past. But to be able to be innovative in what we do, our citizenry must be able to think through problems. They must be able to think through the ramifications of their decisions. They must be able to dissect a problem to identify the root causes behind why it is a problem.

Instead we are turning out students who do not have the elementary skills to critically think through possible solution scenarios. We are turning out students who get into the workplace and can't function because they do not understand what the problem is in the first place.

I periodically offer my time as a substitute teacher in the middle and high schools and have seen first hand students are given an assignment as simple as finding locations on a map, tell me that it is either too hard or they do not know how to do the assignment.  What we are confronted with is an educational system which teaches to the test not teaching to develop critical analytical processes. I used to teach full time as a middle school science teacher and part of my lessons plans involved lengthy lab assignments to get my students to think through the results they were gaining. We don't do that today we no longer challenge the students to think through scenarios.

So what does this mean to our human capital utilization. We have employees who flounder in our organizations, not because they are bad employees. The flounder because they do not know the right track to be taking. They flounder because as discussed in the book "The M-Factor" by Lynne Lancaster and David Stillman, they have not had the same training we did when we were in school. For example, the book discusses an employee who was not able to complete a project because the manager's notes were in handwriting and she could not read cursive handwriting.

Innovation and collaboration are critical for us to regain our place in the world marketplace. We can not do that if we do not provide coming generations with the required skills to achieve that goal. We need to forget teaching to the test. We need to challenge our students to become viable parts of the global workplace. We need to provide them with the necessary skills to critical look at the problems in the workplace and seek new and innovative ways to solve those problems. We need to prepare our next generation to be able to compete with the Pacific Rim countries on an even keel. We are not doing that now.

The result are organizations that are forced to expend valuable resources to train the new employees when they join an organization, to gain the ability to exercise the skills the organization requires but were not given to them in their educational environment. We need to work as a team on both side sof the equation to solve this critical dilemma.

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Merger announcement

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INEO RELOCATION TECHNOLOGIES MERGES WITH RELOCATION TAXES, LLC.   Merger positions Ineo Relocation Technologies and Relocation Taxes for strategic growth of its domestic, international and government business.

 

Centennial, CO (PR WEB) January 25, 2011 - - Ineo Relocation Technologies, the leading provider of enterprise level relocation software and expense management services, announced today the merger with Relocation Taxes, LLC the leading provider of federal and multi-state personal income tax preparation, gross-up audits/tax reconciliations and related relocation tax and consulting services for individuals, corporations and third party providers.   This merger will reunite industry innovators Robert F. Sherrill, founder of RMS and co-founder of Ineo, with David S. Oltman, co-founder of The Hessel Group and Relocation Taxes, LLC. Together they possess over 50 years of industry experience and were each instrumental in the origination of technology for the relocation gross-up and home sale accounting process, with hands on experience dating back to the early 1980's.   "This strategic merger is one that will enhance our private and public sector business as well as broaden our global operations. We will continue to offer our clients an ever expanding platform of additional professional resources each vital for compliant navigation in today's complex realm of relocation", said Robert F. Sherrill, Chairman and Ineo Relocation Technologies Co-Founder.   "This merger allows us to bring together two of the most experienced providers in the relocation services industry," said Jason Arnold, Ineo Relocation Technologies President and COO. "The assembly of such well known and experienced management talent continues to demonstrate our commitment to bring the best and brightest in the industry within The Ineo Family, offering our clients the most extensive array of innovative technology and tax services".

"Culturally this is a great fit, as both firms take immense pride in their extensive industry experience  as well as their commitment to delivering superior customer service," said David S. Oltman, CRP, newly appointed Ineo Chief Compliance Officer and Relocation Taxes co-founder.   Debbie Gioiella, Relocation Taxes, LLC co-founder, has been Relocation Taxes Director of operations since 1998. She will continue to lead and expand Relocation Taxes operations and will be responsible for all client relationship functions. Debbie believes that offering unparalleled customer service is the key to success.  Her broad knowledge in taxation, relocation, and association with a diverse client base has given her the expertise to advise clients, keep them compliant and guide them through the demands placed upon them through the ever changing economic and compliance environments.   "We look forward to working together to make this a smooth transition for both our employees and our clients.  "We are truly excited to offer the industry such a broad array of proven products and services" said Gioiella.

 

About Ineo Relocation Technologies At INEO, our business is relocation software, expense management and tax services that are instrumental in providing our customers focused solutions that meet their specific business needs.  Our history in developing relocation solutions exceeds 27 years.  It is our experience and unmatched expertise that positions us as the industry leader in relocation software development and tax services.   Our name, Ineo, is Latin for the term 'to begin'. The name is indicative that, although rich in history and experience, the company is commencing on a whole new way of doing business.  We are committed to our customers with an approach to doing business where Exceptional Service is the norm.   For more information on Ineo Relocation Technologies solutions and services, visit www.ineotech.com or contact: Ineo Relocation Technology, Corporate Headquarters, 7340 East Caley Avenue Suite 215W Centennial, CO 80111; Email: info@ineotech.com; Tel: +1 (908) 735-7196 or Fax: +1(303) 308-1874.   About Relocation Taxes Relocation Taxes, LLC provides personal income tax preparation, gross-up audits/tax reconciliations and related services for individuals being relocated or moving within both the United States and around the world.  ReloTax also provides keynote speeches with regards to corporate and government relocation tax and payroll issues for both local and national conferences.   Experienced tax professionals prepare all tax returns in complete confidence. Each return goes through a review process to insure quality and accuracy. Special attention is given to multi-state (old & new, live & work) taxation issues along with gross-ups including tax equalization and tax protection.   For more information on Relocation Taxes, LLC visit www.relocationtaxes.com or contact: Relocation Taxes, Corporate Headquarters, 372 Danbury Road Wilton, CT 06897: Email: relotax@relotax.com: Tel: +1 (203) 209-7123 or Fax: +1 (203) 529-3021.

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The doors begin to open Part 2

The US Suprme Court has released its secod employment related decision of the curret term in  Thmpson vs. North America Stailess, LP

After petitioner Thompson’s fiancée, Miriam Regalado, filed a sex discrimination charge with the Equal Employment Opportunity Commission (EEOC) against their employer, respondent North American Stainless (NAS), NAS fired Thompson. He filed his own charge and asubsequent suit under Title VII of the Civil Rights Act, claiming that NAS fired him to retaliate against Regalado for filing her charge. The District Court granted NAS summary judgment on the ground that third-party retaliation claims were not permitted by Title VII,which prohibits discrimination against an employee “because he has made a [Title VII] charge,” 42 U. S. C. §2000e–3(a), and which permits, inter alia, a “person claiming to be aggrieved . . . by [an] alleged employment practice” to file a civil action, §2000e–5(f)(1). The en banc Sixth Circuit affirmed, reasoning that Thompson was not entitled to sue NAS for retaliation because he had not engaged in any activity protected by the statute.

The Supreme Court Held:
1. If the facts Thompson alleges are true, his firing by NAS constituted unlawful retaliation. Title VII’s antiretaliation provision mustbe construed to cover a broad range of employer conduct. Burlington N. & S. F. R. Co. v. White, 548 U. S. 53. It prohibits any employer action that “ ‘well might have “dissuaded a reasonable worker from making or supporting a [discrimination] charge,” ’” id., at 68. That test must be applied in an objective fashion, to “avoi[d] the uncertainties and unfair discrepancies that can plague a judicial effort to determine a plaintiff’s unusual subjective feelings.” Id., at 68–69. A reasonable worker obviously might be dissuaded from engaging in protected activity if she knew that her fiancé would be fired. Pp. 2–4.
2. Title VII grants Thompson a cause of action. Pp. 4–7.(a) For Title VII standing purposes, the term “person aggrieved” must be construed more narrowly than the outer boundaries of Article III. Dictum in Trafficante v. Metropolitan Life Ins. Co., 409 U. S. 205, suggesting that Title VII’s aggrievement requirement reaches asfar as Article III permits, is too expansive and the Court declines tofollow it. At the other extreme, limiting “person aggrieved” to the person who was the subject of unlawful retaliation is an artificiallynarrow reading. A common usage of the term “person aggrieved” avoids both of these extremes. The Administrative Procedure Act, which authorizes suit to challenge a federal agency by any “person. . . adversely affected or aggrieved . . . within the meaning of a relevant statute,” 5 U. S. C. §702, establishes a regime under which a plaintiff may not sue unless he “falls within the ‘zone of interests’sought to be protected by the statutory provision whose violationforms the legal basis for his complaint,” Lujan v. National Wildlife Federation, 497 U. S. 871, 883. Title VII’s term “aggrieved” incorporates that test, enabling suit by any plaintiff with an interest “ ‘arguably [sought] to be protected’ by the statutes,” National Credit Un-ion Admin. v. First Nat. Bank & Trust Co., 522 U. S. 479, 495, while excluding plaintiffs who might technically be injured in an Article IIIsense but whose interests are unrelated to Title VII’s statutory prohibitions. Pp. 4–7.(b)

Applying that test here, Thompson falls within the zone of interests protected by Title VII. He was an employee of NAS, and TitleVII’s purpose is to protect employees from their employers’ unlawful actions. Moreover, accepting the facts as alleged, Thompson is not anaccidental victim of the retaliation. Hurting him was the unlawful act by which NAS punished Regalado. Thus, Thompson is a personaggrieved with standing to sue under Title VII. P. 7. 567 F. 3d 804, reversed and remanded.

Strategy: While it is ever good policy to take out your frustrations on other employees this case plainly tells you to watch out for taking what looks like good actios whe they are not. The federal laws are very clear that you can not take certain steps becuase an employee or member of their families have filed a grievance against the orgaization. This rulig makes it increasingly crucial that you train your maagers to protect the rights of all your employees as well as creating a evironment where these kinds of situations do not arise i the first place.

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Relocation Announcement

Giant-Vac, a producer of leaf and debris control equipment, is moving manufacturing to Tennessee from Connecticut and could bring in 75 new jobs.

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Geez,I am ready to pull my hair out

I recently received a request if I would consider using some outside collaboration on the blog. As many of you who have been following this blog since 2006, know I rarely take advantage of this route for content. But with the tough economic times we are facing, we are all experiencing added stress in our lives and so the content was right on for the times. Read what Amy K Hutchens has to say about stress

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Short Circuiting Stress

By: AmyK Hutchens <http://www.amyk.com/>

 

For every six minutes you experience a high state of negative stress it takes your immune system six hours to recover. That doesn't stress you out does it?! Experiencing a rotten, lousy, no good, stressful day creates a chronic cycle that wears your immune system down, leaving you exhausted, sick and feeling even more stressed. The goal, however, isn't to get rid of stressŠ our brains are hard-wired for it, and we actually need some stress (called eustress) in order to function. The goal is to short-circuit the negative cycle.

Stress <http://brainrules.net/stress?scene=>  has been around since the first human tried to light a fire and failed, only to have his girlfriend show him how it's done. Telling your brain that "not having enough time in the day" does not equate to "being eaten by a sabre-tooth tiger" doesn't work. Attempting to convince your brain that the wooly mammoth in front of you is really just your boss or your mother-in-law is next to impossible.

Your brain doesn't distinguish the difference. You've got better odds teaching your brain that the saber-tooth tiger is actually a house cat and that your mother-in-law really doesn't care that you can't cook.

  Seems simple. It is simple, it's just not easy, especially when your mother-in-law sighs every time you look at your cookbook.

  Stress starts in the brain and then spreads throughout your body. The part of the brain that processes your emotions also controls your immune system.

Ever experience a stressful week and then get a chance to take a few days off only to find yourself nursing a cold while on vacation?  Within seventy-two hours of a significantly stressful event your body manifests some type of physiological symptom. It's as if you internally vent on your way home, your brain hears you and empathizes with you, and then gives you a migraine, or acne, or both! Really, your brain was just trying to prove you right, you are stressed, so voila, your body now proves it too!

Twenty percent of the oxygen of every breath you take goes straight to your brain. When we¹re stressed, one of the first things that changes in our bodies is our breathing - it gets shallower and we take in less oxygenŠso right now just breathe <http://www.yogajournal.com/> . Take a deep breath Šinhale slowly, exhale slowly and repeat. Your brain thanks you, and, it will think more clearly for you, more rationally, thus preventing you from throwing that cookbook at a certain someone.

The mere thought of the holidays sends some people straight into stressed-out orbit.

The ubiquitous themes of time, not enough of it; money, not enough of that; food, way too much of that; and relationships, pleasing everybody, can cause extra anxiety.

This year, give yourself a present first: the ability to stop the stress cycle early, before it sends you to bed. And while it may seem like a great place to escape your boss and mother-in-law, there are better ways to spend the holidays.

 Short Circuit the Stress Cycle

1. Prioritize & Simplify

Reducing stress is not about creating balance it's about getting focused.

Balance is a myth. Let¹s get real - when it comes to life activities there is no such thing as balance, only priorities. If you strive for balance you¹ll only add to your stress levels, not reduce them, but if you change your priorities, your focus, you will immediately start reducing your stress and feel more in control of how you utilize your time.

Successfully dealing with life¹s pressures, demands, and hassles means you need to appropriately respond and manage the tasks at hand in order of priority. Create a list of what you value and need to accomplish over the next two days. (Don¹t forget that YOU should and need to be on that list.) Assign each priority a chunk of time and then live within the parameters of that scheduled list. Follow up that time-framed list with another list of new priorities or re-prioritized activities. Every two days (or week) you can create a new list that outlines and accounts for all your responsibilities.

Simplify 1 thing each day. It may be a priority that you serve your family dinner tonight. It's not a priority that you cook it. You can pick up take-out, or pull something out of the freezer. Choose 1 activity each day and find a way to reduce the time it takes, or the energy it requires of you to complete it.

 

2. Place yourself in time-out.

The purpose of putting a toddler in time-out is to re-set her attitude and improve her behavior. (If only we could use that with our colleagues.) Take some time to be silent and reflective, even if it's just 3-5 minutes. There is scientific proof that doing so can decrease blood pressure, pulse rate, and improve blood circulation.  By removing yourself from a stressful environment or giving yourself a moment to biologically shift, you aid your immune system in getting back to healthy. A few deep breaths while you're in time-out is an added bonus

3. Get a giggle.

Laughter reduces your stress hormones and literally changes your body chemistry. Humor releases endorphins and antibody enhancers which aid your immune system. Schedule 30 minutes to watch a funny sitcom or read a humorous book. If 30 minutes just doesn't exist today, then give yourself a five minute giggle and watch a youtube <http://www.youtube.com/>  video.

There are many short clips of truly funny comedians and silly people who will definitely give you a smile that will last awhile.

 4. Put it in perspective.

Changing your perspective, your thoughts, is the most effective tool we have for reducing our stress and it¹s the least used tool by people when they¹re experiencing stress. When stressed out individuals scream, "I don't have five bleep-ity-bleep minutes to watch a YouTube video!" there is one thought, one shift in perspective that helps a lot. "It's only five minutes.

Big bleep-ity-bleep deal." There are 10,080 minutes in a week. Take 5 of them, so the other 10,075 minutes are more peaceful, more positive, more meaningful. Typically, upon hearing this news, these frenetic, time-obsessed totally stressed out individuals stop holding their breath and suck in a large volume of oxygen. It's a great start!

The objective isn't to fight circumstances. You're not insane, just stressed. Sane people know that arguing with reality only creates more stress because reality always wins.  Let it win, and let it go. The goal is to change your perspective to less painful thoughts. Your boss may still growl and snarl, your mother-in-law may still sigh, but wouldn't it be wonderful if you handed her the spatula and said, "I'm so glad you're great at cooking. Please, by all means, my kitchen is su kitchen." And with that, you have not only changed your perspective, you've simplified your life, and given yourself a thirty minute time-out to go watch that sitcom you've been wanting to watch all week. Life is good.

About the author

Amy K Hutchens, Founder and Intelligence Activist, AmyK Inc., is a speaker, trainer and business strategist. She is best known for helping business leaders capitalize on how the brain and human perception filters work to help them be more effective in business and their personal lives

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The doors begin to open

In the first decision of the term, the US Supreme Court handed down a rulig involving whether an employee had the expected right to privacy of their persoal information in requests from employers for background checks:

In two cases decided more than 30 years ago, this Court referred broadly to a constitutional privacy “interest inavoiding disclosure of personal matters.” Whalen v. Roe, 429 U. S. 589, 599–600 (1977); Nixon v. Administrator of General Services, 433 U. S. 425, 457 (1977). Respondentsin this case, federal contract employees at a Governmentlaboratory, claim that two parts of a standard employmentbackground investigation violate their rights under Whalen and Nixon. Respondents challenge a section of a form questionnaire that asks employees about treatmentor counseling for recent illegal-drug use. They also object to certain open-ended questions on a form sent to employ-ees’ designated references.
We assume, without deciding, that the Constitution protects a privacy right of the sort mentioned in Whalen and Nixon. We hold, however, that the challenged por-tions of the Government’s background check do not violatethis right in the present case. The Government’s interests as employer and proprietor in managing its internal operations, combined with the protections against public dissemination provided by the Privacy Act of 1974, 5 U. S. C. §552a, satisfy any “interest in avoiding disclosure” that may “arguably ha[ve] its roots in the Constitution.” Whalen, supra, at 599, 605.

The challenged questions on SF–85 and Form 42 are reasonable,employment-related inquiries that further the Government’sinterests in managing its internal operations. SF–85’s “treatment or counseling” question is a followup question to a reasonable inquiry about illegal-drug use. In context, the drug-treatment inquiry is also a reasonable, employment-related inquiry. The Government, recognizing that illegal-drug use is both a criminal and medical issue, seeks to separate out those drug users who are taking steps to address and overcome their problems. Thus, it uses responses to the drug-treatment question as a mitigating factor in its contractor credentialing decisions. The Court rejects the argument that the Government has a constitutional burden to demonstrate that its employment background questions are “necessary” or the least restrictive means of furthering its interests. So exacting a standard runs directly contrary to Whalen. See 429 U. S., at 596–597. Pp. 16–18.
(3) Like SF–85’s drug-treatment question, Form 42’s open-ended questions are reasonably aimed at identifying capable employees who will faithfully conduct the Government’s business. Askingan applicant’s designated references broad questions about job suit-ability is an appropriate tool for separating strong candidates from weak ones. The reasonableness of such questions is illustrated by their pervasiveness in the public and private sectors. Pp. 18–19.
(b) In addition to being reasonable in light of the Government interests at stake, SF–85 and Form 42 are also subject to substantial protections against disclosure to the public. Whalen and Nixon recognized that a “statutory or regulatory duty to avoid unwarranted disclosures” generally allays privacy concerns created by government“accumulation” of “personal information” for “public purposes.” Whalen, supra, at 605. Respondents attack only the Government’s collection of information, and here, as in Whalen and Nixon, the information collected is shielded by statute from unwarranted disclosure. The Privacy Act—which allows the Government to maintain only those records “relevant and necessary to accomplish” a purpose authorized by law, 5 U. S. C. §552a(e)(1); requires written consent be-fore the Government may disclose an individual’s records, §552a(b);and imposes criminal liability for willful violations of its nondisclosure obligations, §552a(i)(1)—“evidence[s] a proper concern” for indi-vidual privacy. Whalen, supra, at 605; Nixon, supra, at 458–459. Respondents’ claim that the statutory exceptions to the Privacy Act’s disclosure bar, see §§552a(b)(1)–(12), leave its protections too porousto supply a meaningful check against unwarranted disclosures. But that argument rests on an incorrect reading of Whalen, Nixon, and the Privacy Act. Pp. 19–23.
530 F. 3d 865, reversed and remanded.

Strategy - Understand I am not an attorey and am not making a legal opinion here.

Having said that when you ask questions on your applications or in interviews be sure that you can substantiate that the questions are asked for a legitimate business operational perspective. Be sure that the question is based on the question does a response to a question impede the candidate from delivering the responsibilitites of the position. Ay question asked of employees or candidates needs to be in compliance with all applicable laws both state and federal.

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Is this a peek into the future?

Citizens dropping drywall customers

MIAMI -Florida's public insurance company has again reversed course on its coverage for homes with tainted Chinese drywall, telling some owners it will suspend such policies, an attorney for the victims said Monday.

Attorney David Durkee, who represents about 300 people with homes contain­ing the defective materials, said Citizens Property Insur­ance Corp., a state-backed insurer of last resort, has begun issuing notices to alert policy holders their coverage will be dropped.

Citizens did not respond to a phone message and e-mail Monday. If the in­surer is issuing such notices en masse, it would mark a return to its earlier attempt to not cover homes with Chinese drywall.

Thousands of home­owners nationwide bought houses built with the defec­tive drywall.

Taken from the Tampa Tribue Business Breifs January 18, 2010

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What was wrong with the old system?

While I am not a believer, I found it interesting this week to see the reaction from the individuals who swear by their daily hroscope. Just as they were firm in their feeling sabout the characterisitics about their sig, alog comes the power at will and announced that due to the magnetic shift in the global cosmos, we now have to learn new signs and new characterisitics. This made we think about how we present the need to change the labels or processes within our workplace. Do we suddenly without notice tell our employee base that we are changing the ir titles or the way we do things? or do you lay out the change over a time, guiding the employees along the way?

I understand that change is inevitable. I understand that as organizations evolve we have to modify how we execute various processes. But there is a good way to do it and there is an adverse way to do it. I would suggest to the readers of this blog that you look at the following startegies to achive the anticipated change:

1. Communicate -  Management needs to take what ever means are available to explain to the employee base what has brought about the need to change the organization. This should be through every means possible including social media outlets.

2. Brainstorm - Your floor personnel know your business better then you do, whether you want to admit it or not. Get them involved by providing them with a vehicle to help the organization plan out the change. Let them suggest the best ways for you to implement that change in an orderly and timely manner.

3. Team Implementation - Set up cross-functional teams to help you take the suggestions from the organization and implement the necessary change within the organization.

4. Feedback - Akin to the communication piece, keep the employees informed of the change process and how it has or will affect their responsibilities on a daily basis.

Change is important however it is also necessary that everyone be shown the path to an improved business operation.

I would be interested in hearing how you go about introducing change within your organizations.

 

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For those of you buried in Mother Nature's rath

The Society for Human Resource Management posted this helpful resource this morning:

Normal 0 false false false EN-US X-NONE X-NONE Inclement Weather Pay Practices
What to do when Mother Nature decides to interfere with your well-laid operating plans? Regarding pay practices, the Department of Labor opinion letters provide guidance for employers to follow in paying exempt employees during periods of inclement weather.

Closings - Employers who elect to close during such periods must pay the weekly salary for an exempt employee during the closure.  Thus, regardless of whether an employee was at work for the entire week, the employee should receive their non-fluctuating salary for the week.  An employer may require an exempt employee to use accrued leave for days of absence during such a closure but the employer continues to be obligated to pay the full salary of the exempt employee, regardless of whether the employee has a leave balance.  Thus, in the latter case, an employer may be required to advance leave.

Continuing operations - Employers who remain open during such periods must pay an exempt employee for any partial or whole day the employee reports to work during such periods; however, for days where an exempt employee elects not to report to work, the employer is free to deduct accrued leave for such absences from the employee’s leave bank.  If the exempt employee is not yet eligible for accrued leave or has exhausted such leave, an employer may make reductions from pay for whole day absences.

An employer may not make partial-day deductions from exempt employee pay for less than a full day absence regardless of whether the employee has any accrued leave.

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What kind of environment are we fostering?

We are following the events that are unfolding in Tucson. It brings us poise and consider what kind of environment we are fostering from our dialogue. Based on the era when I grew up we have a citizenry which was able to enter into a dialogue with consideration for the value of differing views on the issues that we are confronted with.  We understood that there was a wide breadth of sincere beliefs on these issues. 

In the current climate we are in we can have fundamentalists who openly target those who differ in our views. We are in a climate where if you do not believe there is a place for views that are not our own. This creates a very dangerous environment as shown in Tucson.

Move for a moment from the streets of Tucson to the halls of our workplaces. When we create or update our policy manuals it is mandatory that we include statements regarding workplace violence. Do we want to? Probably not. Do we have to? This course of events dictates that we have no choice.

I am uncomfortable having to make the suggestion, but it is critical that as human resource professionals, we need to do everything we can to influence management and the employee population to appreciate that we are a nation of ideas. That while discourse is vital, lack of patience and respect for the other views is should not ever tolerated and needs to be explicitly stated in corporate visions, missions, policies and attitudes

The presence of anyone who purposely enters into a dialogue aimed at singling out anothers views should not be tolerated . HR must be absolutely steadfast in removing any employee who would disrupt our workplace by inferring either directly or indirectly that either you think like they do or there is no place for you within the organization. There should be no tolerance for anyone, no matter what the position within the organization who displays this behavior. It should be grounds for immediate dismissal and reported to the appropriate law enforcement.

I am probably going to get some pushback, but during my lifetime I have seen too much senseless violence within our workplaces. Violence in the workplace whether it is the innocent victims in Tucson or the likes of John Kennedy, Martin Luther King or Ronald Reagan is plain wrong. While I believe in the basics of our democracy, including the right to bear arms (not that I own any) the fundamentalists that believe that this right is infinite should take the time to reconsider the affect that these views have on our lives. They need to take responsibility for fostering an environment where this violent events is tolerated with out control. Their views spread into our workplace and jeopardize the sanctity of that environment.

 My final thoughts is that we need to begin a dialogue in our personal relationships and the workplace to begin to understand the diversity of ideas. Begin to recognize that we only become enriched when we realize that the wide expression of views of the issues before us lead us to be better people and organizations. The time when we can directly go out and dismiss those alternate views should end.

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As a human resource professional do we routinely over react to our workplace?

I got up this morning and turned on the Today Show. On the show was a segment devoted to a sixth grader in New Jersey who has been charged with vandalism for of all things, writing her name in wet cement outside her school. The parents offered to pay the cost of repair and dole out punishment to their daughter. The town Police Department instead has decided the daughter must go through a trial and be punished by a judge. Some of you might be saying , what;s the deal I did that as a child. As a matter of fact it was considered a rite of passage that we all did at one time or another.

Switch the picture to something closer to all of us. How do we react to minor violations of policy? What would you expect if you work for UBS whose dress code is contained in a 43 page manual? While I would not condone blatant violations of our policies and procedures which for the most part are designed to protect the afety of our employees and th eorganization, there could be situations where a minor infraction could be nothingmore than a chance to coach an employee on why what they did was not in the best interests of all. That in most cases would be enough to resolve the issue. But if we instead play autocrat, and throw the book at each and every one who violates our rules, we are asking for chaos in the workplace.

How do you handle minor infractions of corporate policies?

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Did I really say That?

One of my connections in the social media world posted yesterday that she was watching one of the reality TV shows --namely The Apprentice. Any one who has watched the show knows at the end of each episode Donald Trump turns to one of the contestants and says "You are Fired."

Now here was the question posed by my connection. If Donald Trump says you are fired does that mean that the contestant was servin gunder an employment agreement and was thus gainfully employed by the Apprentice Show. Take this into consideration since the Department of Labor is cracking down on the classification of employees. Do you have independent contractors that you have called into your office and instead of saying that their contract has run its term, tell them they are fired?

 

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Do we really need that?

I opened my local newspaper this morning and there was a report on the latest analytics regarding the graduates of the state colleges. The result to say the least were contrary to what I hear HR professionals telling me all the time. According to the Florida State Board of Education during calendar 2009 if you graduaed from a state college with a Bachelor's Degree your average earnings were $36,552. On the other hand if you graduated from a community college during the same time period your average income was $47,708, A difference of $11,000. If this holds true across the country what does that say about our job requirements.

In talking to educational officials, the paper stated that many of the associate degree holders were trained specifically for high level science related positions , most inthe medical field. This means they were coming out of school with marketable skills designed for the market. Do we need to change our curriculum for advance degerees to match the AS outcomes?

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What if we gave a party for the most talented and no one showed?

As human resource professionals, we are charged with finding the most talented candidates to fill the positions within our organizations. But what would you do if the most talented are not available to you? 

Dr. Richard Florida in his book, "Flight of the Creative Class" suggests that the talent assets are choosing to go elsewhere then this country. We are in the middle of reading the companion volume to the movie "Waiting for Superman" and in today's newspaper was an article from the The Atlantic entitled "Your Child Left Behind."

Each of these resources suggest that the educational system within the US is turning out substandard talent for our business environment. Let's leave your silo for a moment and say that they are correct, what are you going to do when you throw the party to attract the top quality talent for our human capital needs and you can't find them?

Unless you are living life as an ostrich , with your head in the sand, you know that as we come out of this trying economic times we are in, the better employee is going to consider leaving for supposedly greener pastures. If Your Child Left behind is correct the only state that comes close to being in the top 18 state or countries for 15 year olds performing at the advanced level in math proficiency was Massachusetts. This means as we search for replacement human capital we can't find them.

So as we begin the final week of 2010 and begin 2011, we as human resource professionals need to take the initiative to help our local schools gain the lead back for this country. There are many suggestions around on how to resolve this issue. But we would suggest that while dramatic changes are needed we need to do with reason in mind. The transition team for the new governor of the State of Florida has suggested letting parents remove their children from classrooms where the parent feels the teacher is being ineffective. Is this ineffective by actual data or based on the beliefs of the parent? We need to ensure that the talent of the future knows how to think critically about the issues confronting our organizations.

Here are some thoughts for consideration.

• As the vehicle for introducing talent to our organizations, we need to let the educational institutions know what the voice of the customer is, by informing them of the criteria for employment that our organizations have established.
• As Human Resource professionals we should actively work with local educators to ensure that the talent that they are producing know how to use the critical thinking skills that is required of our cross-functional teams in today's organizations.
• As Human resource professionals we are accustom to completing SWOT analysis of our policies and procedures. We should do the same thing  with the local educational programs as they relate to our talent needs. Following the SWOT it is imperative that we are not bystanders but forward thinking professionals by showing how the SWOT can improve our schools.
• We need to benchmark what our colleagues are doing in other sections of the country and use the data to guide our local schools to implement what is working with other corporations.
• If we have some concrete ideas about how to invent some break through strategies for improving the status of our students in the world of the future, we need to be prepared to share it with the world.

In final thoughts, we need to be bold about becoming involved int he future of our educational initiatives or we will be destined to throwing the party with no one in attendance.

Have some other ideas? Share them with us. Share them with your colleagues. Share them with your organizational management. Share them with your educational leadership. Be part of the solution not a bystander.

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Deoartment of Labor releases guidance on Lactation Rule

In a legal alert from Fisher and Phiilps :

The U.S. Labor Department has now published what it calls its "preliminary interpretations" and a request for information regarding the federal Fair Labor Standards Act lactation-break amendment we wrote about in April and July.  The deadline for submitting information and comments is February 22, 2011.  Employers should give serious consideration to weighing-in on these "preliminary interpretations".

The material says that the "reasonable break time" required should be evaluated according to individualized considerations of both the time spent expressing milk and "steps reasonably necessary" to that activity.  In DOL's view, the length of a required break will depend upon a variety of things, like:

•   How much time it takes to express the milk (DOL anticipates 15 to 20 minutes),

•   Time spent walking to and from the break location, and any time waiting to use the space,

•   Time spent retrieving, unpacking, and setting-up a pump and related supplies,

•   The efficiency of the pump,

•   Time spent in washing, in cleaning the pump and attachments, and in any related steps, taking into account whether there is a sink with running water nearby, and

•   Time spent storing the milk in a safe manner.

As for the frequency and number of breaks, DOL will consider factors such as:

•   The baby's age as this relates to the child's feeding needs,

•   The number of feedings in the baby's normal daily schedule,

•   Whether the baby is eating solid food, and

•   How often the baby usually nurses.

DOL anticipates that the number of necessary breaks will "typically" be two or three during an eight-hour shift (and possibly more for longer shifts).  Apparently, then, DOL would not consider total breaktime of, say, 45 to 90 minutes each workday to be out of the ordinary.  DOL also says that these breaks might not track the employee's regular break times or meal periods.

According to DOL, employers are required to make a suitable room available for use "where practicable" (although this room need not necessarily be a permanent space dedicated to that purpose).  If it is not "practicable" to do so, the employer must "create a space with partitions or curtains" that is also otherwise appropriate under the amendment.  DOL says that employers are not complying with the break requirement if the space is so far from the employee that it is "impractical" for her to take the breaks, or if the number of employees needing to use the space means that this "prevents" an employee from taking breaks or "necessitates a prolonged waiting time".

DOL continues to "interpret" the amendment to mean that:

♦   An employer allowing paid breaks must compensate a nursing employee in the same way it does others if she uses such a break in order to express breastmilk; and

♦   The break must be treated as worktime if the employee is not "completely relieved from duty" (apparently ascribing this to a non-existent "general requirement" in the FLSA itself).

For a variety of reasons, both the correctness of these positions under the FLSA and DOL's authority to propound them are subject to serious question.  Nonetheless, DOL clearly intends to impose them.

These "preliminary interpretations" touch upon and seek input with respect to other subjects also, such as:

•   Whether and under what circumstances managers' offices, locker rooms, utility closets, storage spaces, or anterooms or lounges associated with bathrooms might be adequate break spaces,

•   What approaches there might be to situations in which employees (such as drivers) do not perform their jobs at a fixed place of work,

•   How to comply with the requirement when an employee works at a client's or customer's place of business,

•   How the employer is to be notified about the employee's intention to take lactation breaks (including whether a "simple conversation" should suffice), and

•   How the under-50-employee "undue hardship" exemption will apply (indications are that DOL intends to construe it very restrictively).

Although this latest release is couched as a request for public comment for DOL's use in "formulating further guidance", there is some hint that instead it might actually be DOL's last pronouncement on the subject for the foreseeable future.  Moreover, DOL states that it does not intend to issue regulations "[a]t this time" (it is not apparent by what authority DOL would do so in the absence of any empowering language in the amendment itself).  Even so, employers ought to study these materials carefully and should submit their reactions and any suggestions or objections.  For one thing, a muted response risks a later argument that the "regulated community" tacitly embraced DOL's views in their entirety.

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Relocation Announcement

SunCoke Energy will relocate its headquarters from Knoxville, Tennessee, to west suburban Lisle, IL

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Talent Shortage is Real

Wolters Kluwer Employment and Law Business Notice today carried the following notice:

Normal 0 false false false EN-US X-NONE X-NONE

Companies worldwide view talent as biggest obstacle to future growth, Towers Watson finds

As companies worldwide begin to position themselves for future growth in the face of an uncertain economic recovery, a new Towers Watson survey finds that concerns over their ability to attract and retain key talent, or to plan for an orderly replacement of talent, could thwart those efforts. The survey also found significant gaps in employers' capabilities to address talent management and succession planning issues. The Strategies for Growth survey of more than 700 companies globally, revealed that talent—finding it and keeping it—is the biggest potential workforce obstacle to achieving growth.

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Reflections on 2010 and perspective on 2011

The past year has been one of twists nad turns that has brought us to a diferent place then I have been in before. We thank our clients and partners for the path we have now finding ourselves walking. Give me the liberty of pondering verbally on some of these changes:

1) After a three year effort ot find a full time position, a number of organizations stated that I was not of interest because my background said consultant. We during the past six months made the decision that if I could not beat them then I might as well join them. In April we turned our efforts full time to becoming the very best consultant to our lcients that I could.

2) Along this path we have had the priviledge of meeting some phenomenol individuals who bring some really neat skills to the human capital arena. In advance I apologize if I miss anyone, but here are the individuals who really stand out in my quest:

Trisha MacFarlane - I had the privledge to meet Trish at the HR Florida conference. Trish is the owner of HR Ringleader which I look forward to reading each and every day for her insights on this great profession we have entered into. There has not been a single opportunity when Trish has not been willing to provide feedback on my social media efforts. The guidance is most appreciated.

Kathy Potts - Kathy conducts a program regarding how to play the game and being in control of the environment you function in. Kathy was willing to take time out of her busy schedule to sit down and review our marketing efforts and talk with us about what we needed to do to successfuly walk the new path we were beginning to tread down. Her advice has been right to the point.

Michael VanDevort - The social media guru who has been instrumental in opening some doors for us and been a sounding board on our own social media endeavors.

Barry Brown - I have known Barry and his wife Angel for many years and they both have been a source for guidance in areas of HR that I have not been involved in before. They have also been the source of mem bers of our client family. Barry and Angel than you for the years of being the support platform for our consulting practice.

Bill Mazurek - Bill began as our instructor for the six sigma black belt training and has become a valuable counselor and if I may take the liberty, a friend. We appreciate his efforts to take us to the next level in our work in the continous improvement field.

Larry Labelle - Larry during the past year has provided ongoing guidance about business intelligence and been a reliable resource to bounce ideas off.

Owner of My LinkingPowerForum Vincent has been a wealthof guidance into the way to grow our business and we treasure his advice and friendship.

3) One of our direction sis to provide a network of partners who can complement the services of DBAI with areas of expertise we don't have readily available. In the past year we have added several organizations to our partner list. We appreciate your contributions toour services package:

Suddath Van Lines - Part of the Unigroup company of moving companies, they have been both a partner but also a member of our client family.

BenePay Online - Working in the marketplace with small to medium sized organizations we knew that we needed a quality provider for electronic  benefit and payroll services. BenePay has been the perfect fit. They have a quality program and have already worked to make this a two way relationship by providing leads for organizations that might need our services. In addition we will be providing HR services to their clients as needed.

Alessandra and Associates - For a number of years we have been a distributor for the materials of Tony Alessandra who we highly recommend to anyone who is looking for a dynamic presentor for corporate meetings. In 2010, on our partner page we have provided a link to the online assessment catalog with over 40 assessments to improve corporate perofrmance.

4) The year 2011 is beginning to look promising for a very busy year. Our The Ultimate IMprovement Cycle: A Six Sigma Approach to Human Capital Management is gaining some very strong interest nationwide with possible presentations in about five different cities. We intend to get mor einvolved with the Economic Gardening effort across the region, It is the route to get us out of the doldrums we are in.

No matter what your beliefs, may you celebrate the ned of one year and the beginning of a new one with joy and happiness for yourself and those closest to you. I look forward to more interaction between our organizations inthe coming year. If we can be of any assistance, please let us know.

Happy Holiday wishes

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Race to Nowhere

As I do typically every morning I watch a portion of the Today show before getting on the computer. This morning they had a segment with the documentary producer who create a film that is making a stir across this country. The premise behind the film entitled Race to Nowhere" is that we are loading our youth with so much pressure to get into this college or that college that they can never achieve the goal. They discussed a 13 year old girl who failed to get an A on a math test and was so stressed out over it that she committed suicide.

I took a moment to carry this out a little further and asked myself if we are doing this to our kids, then they must have gotten this "drive" from somewhere and the natural thought is that it is coming from peers, teachers and parents. If in fact it in part comes from their parents and teachers, then does this race carry over to the workplace?

We all are cognizant of the fact that we function in an ever increasingly competitive global workplace. I realize it is a fact of life. But in an effort to be better than everyone else, do we equally place this urge to race to nowhere on our employees? Do we as managers walk the walk,and talk the talk that every employee must reach this lofty goal which maybe unattainable?

While our organizations need to remain competitive, it is equally true that we as business owners and human resource professionals must recognize that not every employee is capable or wants to be in the "Harvard" of the business world. Some can make equally important contributions to the health of the organization without being in the ivory tower of the organization. The employee could be the one on the floor who sees that we are doing something that is not totally beneficial to the organization and alerts management to a better way of doing things. The employee could be the one who in exposure to our customers enhances the relationship by going the extra mile to solve a problem. The employee could be the one who by being active in the local community extends the brand name of the organization by showing that the organization cares about the community in which they thrive.

 Competitiveness for the sake of competitiveness may look good on paper but it is not necessarily good for the health of the organization or its greatest asset - your employees

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On the road to perfection have we lost our way?

Return for a minute with me to the late 60's. I know if you remember the period you were supposedly not part of the time period.But it was a time when the way we taught our next generation was different then today. I cam out of college in this era and taught for six years. I still correspond with one of my first students, 41 years later. In a recent chat session she made the comment that I was one of the first teachers who made her think about the reasons behind what we do and why.

Russ Moen of Express Personnel makes the argument that when the nature of the business world changed from one based on what we made to what we imagine, the nature of the employee changed from one of being an expense item to being a non-owned corporate asset the central part to success in business was dependent on collaboration and innovation.

I look at the push behind such things as NCLB and realize that today's educators while for the most part do a good job, they fail to teach the skills to enable our next generation of workers to be critical thinkers in the workplace. You can't instill innovation in an individual when you are "teaching" them to prepare for the state accountability exam. Instead we are teaching them to stay within very small parallel views. Where would we end up with a HP or an Apple or even Ford Motor if we told them that they can't operate from the garage as they developed their concept because it did not meet the testing criteria.

I was a bear of a teacher and I readily admit it. I took every opportunity to challenge my students to reach for that next higher level in what they did. We need to do the same with today's workers who come into the workplace by being unable to think beyond what is in front of them. We have not prepared our workplace to view the world from both a macro perspective and at the same time a micro perspective. When was the last time you had an employee come to you and suggest that there maybe a better way to complete a process? In many cases the reason is that they were never taught to think for themselves.

Dr. Richard Florida talks in his books about the role of the Creative Class in the workplace. He suggests that this country's standing in the world is going to be diminished because those who dream instead of producing end results believe they can find a greener pasture elsewhere. It is time we understand the new paradigm and change our educational system to meet the needs of your workplace not whether they performed well on some standardized test dictated by an accountability fanatic sitting in some office away from the workplace/classroom.

Innovation is the way to our recovery. Innovation is the way to the future of the workplace. Innovation is the way to produce contributing members of society. If we don't recognize how to challenge the assumptions made by organizations how do we expect to be innovators in the years to come. I would expect that the next generation will not be as productive as past ones due to the inability to look at problems with a critical mind.

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Are walking the walk and talking the talk?

A recent new article about the congressional gridlock gave me a moment to pause to reflect on what goes on in our corporate environments. Every year since September 11 we have held memorial events to honor those who lost their lives in the twin towers. On the face of it we are honoring not only the victims but the many first responders who came to the rescue of those at three sites. Last week the Congressional leaders defeated legislation  which would have covered some of the cost of the health care for those who went into the disaster sites. Are we honoring those who have passed away but not those who lived but were exposed to the debris?

Let's take a look at the corporate environment and see how many times we see a similar scenario happening. A friend of mine has recently taken a job with a company that is noted for its customer service. Management tells their employees that they believe in an open door policy but employees are labeled as a malcontent if they take a problem to the management. What is the affect when you ask your employees to become engaged with your organization, but then through your actions treat them as second class citizens. How do you respond to the employee, who you continual provide feedback telling them how valuable tot he organization they are, but you expect them to put in 70-80 hour weeks because that is the way we do things around here?

Does your actions match your message to not only your employees but your customers?

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IRS releases 2011 Mileage rates

IR-2010-119, Dec. 3, 2010

WASHINGTON — The Internal Revenue Service today issued the 2011 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes.
Beginning on Jan. 1, 2011, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be:

• 51 cents per mile for business miles driven
• 19 cents per mile driven for medical or moving purposes
• 14 cents per mile driven in service of charitable organizations

The standard mileage rate for business is based on an annual study of the fixed and variable costs of operating an automobile. The rate for medical and moving purposes is based on the variable costs as determined by the same study. Independent contractor Runzheimer International conducted the study.

A taxpayer may not use the business standard mileage rate for a vehicle after using any depreciation method under the Modified Accelerated Cost Recovery System (MACRS) or after claiming a Section 179 deduction for that vehicle. In addition, the business standard mileage rate cannot be used for any vehicle used for hire or for more than four vehicles used simultaneously.

Taxpayers always have the option of calculating the actual costs of using their vehicle rather than using the standard mileage rates.

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Are we ready for the changed dynamics?

The Wharton School has published an article regarding the affects of the "silver Tsunami" as older workers change their views about retiring. The article can be found at http://knowledge.wharton.upenn.edu/article.cfm?articleid=2644

 

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Have we missed the directions?

One of the business magazines I read religiously from cover to cover each month is the latest edition of Fast Company Magazine. Several years ago in doing so I read an article by Dr. Richard Florida and got hooked on his concepts. His latest book, the Great Reset is no exception.

Then I picked up the St Petersburg Times this morning and the front page contains a larger article across the middle of the page entitled " New Reality in The US: Forever jobless." This lead me to contemplate whether we have missed the direction in which we are headed.

The nature of the workforce has changed but many of our politicians are still walking around with rose colored glasses. Many of our human resource professionals are in the same boat.So how do we need to change direction to resolve the unemployment quagmire we are in?

First, we need to come to the realization that we are no longer in a workplace that is governed by what we make. It is ruled, whether you accept it or not, by what we dream. This means that our way of viewing available talent. There was a reason why the founders of HP and Apple began in their garages.They did so because traditional business did not recognize the value of their ideas.

Second, the current trend to negate the inclusion of candidates who are unemployed means that you may be eliminating the very person who has the concept in his or her head that will catapult your organization to the next level.

Third, Charles Handy in his book "The Age of Paradox" suggested that we would end unemployment by everyone being self-employed. If that is true we need to be concerned where the knowledge bank of our organizations is going reside. Your organization depends on developing that knowledge base and having it available as needed.

While jobs are important and we would not dispute that we need to get as many people back to work as possible, we would also contend that the effort to concentrate on passive candidates is not helping the unemployment issue nor your organization.

Posted via email from hrstrategist@Net-Speed

Cooley Godward and Kronish post mimum compensation rates for 2011

Ther law firm of Cooley, Godward and Kronish posted on their legal blog the minimum compensation rates for the coming year:

2011 Minimum Compensation Rates

New Year Brings Few Changes in Minimum Compensation Rates

Employers should review compensation rates for both exempt and nonexempt employees to ensure compliance with current legal thresholds. Set forth below are rates at the federal level, and for some states and localities, that apply to the most common job categories.

The following minimum compensation rates are effective as of January 1, 2011:
JURISDICTION	EXEMPTION	MINIMUM COMPENSATION
FEDERAL	Nonexempt	$7.25/hour
	Executive	$455/week1 on salary basis
	Professional or Administrative	$455/week on salary or fee basis
	Computer	$27.63/hour (no change from 2010)
	Highly Compensated	$100,000 total compensation (including minimum $455 minimum weekly salary or fee)
	Licensed practicing medical doctor or attorney; teacher	None
	Business Owner (20% minimum equity and engaged in management)	None
	Outside sales	None
In the following jurisdictions, higher rates prevail as shown. Not all states are reflected.
CALIFORNIA	Nonexempt	$8.00/hour $9.79/hour (San Francisco) (increase from 2010)
	Executive, professional or administrative	$2,773.33/month on salary basis
	Computer	$37.94/hour, $6,587.50/month or $79,050/year
	Licensed Physician	$69.13/hour
COLORADO	Nonexempt	$7.36/hour (still proposed; not final) (increase from 2010)
MASSACHUSETTS	Nonexempt	$8.00/hour
NEW YORK	Nonexempt	$7.25/hour
WASHINGTON, DC	Nonexempt	$8.25/hour
WASHINGTON STATE	Nonexempt	$8.67/hour (increase from 2010)
	Outside Sales Exemption	guaranteed salary, commission, or fee

Posted via email from hrstrategist@Net-Speed