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In yesterday's Advisor, we covered legal issues related to contact management, or how to avoid turning "contacts" into "applicants," courtesy of Peopleclick ® Research Institute's Lisa D. Grant Harpe. Today, we'll cover the rest of her discussion and take a look at a unique training system for supervisors and managers.
Harpe, an industrial psychologist and senior consultant at the Institute, is the author of Peopleclick's e-book, Using Contact Management in Compliance with Federal Regulations.
Until you have a specific opening in mind, you won't really know whether an individual meets the basic qualifications for a position. However, since you will likely use contact management to facilitate communication with individuals you have identified as having high potential, these contacts likely meet some standard of qualifications, says Harpe.
The more you screen individuals before entering them into your contact management database, she says, the more likely they are to meet the basic qualifications of positions that you fill. It requires a little bit of thought before you can definitively say that a contact does or does not meet criterion 3, she notes.
Contacts who withdraw from consideration are no longer applicants.
If contacts meet all four criteria for an Internet applicant, you are required to solicit race and gender information from them as well as fulfill extensive recordkeeping and reporting requirements.
The safest way to avoid turning your "contacts" into "applicants" is to avoid searching on qualifications, Harpe says. "You can search on preferences without triggering recordkeeping and reporting requirements. You may also conduct general searches on qualifications to fill pipeline requisitions, not particular positions," says Harpe.
If you use contact management to send individuals general information, such as newsletters, articles of interest, or notices about upcoming events, or if you send them an invitation to visit the company career site and ask them to look for positions that might interest them, you are OK. These are not contacts about a particular position, Harpe says.
Getting a little closer to that line, you may send a request to a contact to look for a certain type of position opening, such as retail manager positions, which may be open in the near future. Because you have not indicated a particular position (e.g., manager of the bakery department at the Lakeland Heights store), you are OK.
Harpe offers one important caveat: If people from your contacts database are given preferential treatment in the hiring process, and your contacts are predominantly of one race or gender, the tool could be seen as a means to give preferential treatment based on race or gender.
"Therefore, it is critical that all jobseekers for each requisition are given equal consideration and go through the same process. If the contacts are truly more qualified, they should quickly rise to the top during the standard screening process," Harpe says.
If you maintain a formal contact management program, or even an informal one, your managers and supervisors need training on how to manage it and your hiring system. Come to think of it, they also need training on your firing system—and everything in between.
Training is especially critical for supervisors who are new to the job. They don't know how to handle hiring, they don't know how to handle other basic tasks like appraising and firing, and that's to say nothing of handling intermittent leave or accommodating a disability.
It's not their fault—you didn't hire them for their HR knowledge—and you can't expect them to act appropriately right out of the box. But you can train them to do it.
To train effectively, you need a program that's easy for you to deliver and that requires little time from busy schedules. Also, if you're like most companies in these tight budget days, you need a program that's reasonable in cost.
Contact management seems like a no-brainer—maintain contact with promising candidates for whom you have no current opening—but there's a legal line you don't want to cross, says Peopleclick's Lisa D. Grant Harpe.
Harpe, an industrial psychologist and senior consultant at the Peopleclick® Research Institute, is the author of Peopleclick's e-book, Using Contact Management in Compliance with Federal Regulations.
Contact management systems typically:
· Collect information—Capture contact data and information about job interests and experience, etc.
· Maintain a diary—Record a complete history of interactions with each contact.
· Permit pooling—Allow you to categorize contacts in various ways.
· Support campaigns—Facilitate reaching out to contacts in a structured, scheduled manner.
· Offer alerts and notifications—Let you set reminders for yourself and others.
· Perform administrative tasks—Permit you to set configuration, access, etc.
The tricky part of contact management is that there's a thin line between "contact" management and "applicant" management. "Contacts" don't fall under federal recordkeeping rules, while "applicants" do.
So when does a contact become an applicant? (And thus require that you solicit race and gender information and maintain records.)
In general, says Harpe, if you use contact management as a tool, similar to your Rolodex™ or Outlook®, to simply maintain general information about individuals without reviewing their qualifications for the purpose of filling a position, federal regulations do not apply and you can avoid all of the related recordkeeping and reporting regulations.
However, if you start using your contact management system to:
· Store résumés,
· Search for individuals with certain job-related qualifications, or
· Review the resumes or other documents containing information about qualifications for a position, you start to cross the line and may be required to maintain certain records to comply with federal regulations.
To help avoid this blurry line, it is a best practice to keep your contact management tools physically separate from your applicant tracking system (ATS), Harpe says.
Harpe finds the official definition of "Internet applicant" to be the most useful to help understand when contacts become applicants. The definition applies to all federal contractors and is enforced by the Office of Federal Contract Compliance Programs (OFCCP).
To be considered an Internet applicant, individuals must meet four criteria:
1. The individual expresses interest in employment through the Internet or related data technologies.
2. The employer considers the individual for a particular position.
3. The individual meets the basic qualifications for the position.
4. The individual does not withdraw from consideration before receiving an offer.
One of the most common reasons to implement a contact management tool is to help you retain information about individuals who are already employed or not currently seeking a job opportunity. These folks have not expressed interest in a position with your company and do not meet criterion 1, says Harpe.
However, another great reason to use contact management is to store information for your runner-ups, people who have applied for a position within your company and were not hired. These contacts would meet criterion 1.
(Remember that an individual must meet all four criteria to be considered an Internet applicant.)
Recruiters often conduct exploratory searches in the contact management database to see how many contacts are located in a geographic region, interested in retail work, willing to relocate, etc., all without having a particular position in mind. That's OK and doesn't meet criterion 2.
The line gets a little blurry if you start searching your contacts to find potential jobseekers for a pipeline requisition, such as chemists or retail managers in general. Often, pipeline requisitions are used to store information about jobseekers with specific qualifications that are hard to find or to store jobseekers for positions that are constantly open. If you do not have a particular position in mind, you do not meet criterion 2.
If you search contacts using qualifications required for a specific current or future opening (e.g., a doctoral degree or chemistry of clinical background), these contacts would meet criterion 2. Also, if you start opening resumes, if you store these in the contact management database, and review qualifications to fill a particular position, these contacts would meet criterion 2.
By Steve Tobak
January 15th, 2010 @ 2:36 pm
Forget trade shows, advertising, even direct marketing - the best bang for the corporate marketing buck is public relations, but only if you know what you're doing. Unfortunately, most companies don't have the secret PR sauce and, frankly, the same is true of far too many agencies.
Fortunately, I hooked up with the right agency back in the mid-90s and, together with a modest marketing budget, we managed to put a tiny company on the map in a big way. It was a microprocessor company named Cyrix and we competed with Intel, a company roughly 100 times our size. But you wouldn't know that from the press we got.
I still marvel at the results. One product launch had over 100 million impressions. You don't get results like that from trade publications. We're talking front page Wall Street Journal, USA Today, and live interviews with CNBC and CNN. And this wasn't a one-shot deal either; we launched product after product for years and years.
I recently spent some time chatting with Lou Hoffman - president and CEO of the Hoffman Agency, a global PR firm based in Silicon Valley, and the brains behind that breakout success. From that discussion, here are 10 techniques that were so effective back then that the agency still uses them today.
I know; I left out how we were able to create a groundswell / buzz using all these techniques. So, if you like this sort of stuff, click the recommend button or retweet it and we'll keep it coming.
by Kevin Gray
Hoping for a raise in 2010? How about a nice pat on the back?
The economy may be showing signs of life, but that doesn't mean managers and employers are starting to shower their people with cash. Far from it. Instead, they're turning to an old-timey, feel-good technique to motivate their overburdened workers: praise.
“It's probably the most powerful driver of performance known to mankind,” says Bob Nelson, a workplace consultant who has advised Fortune 100 companies on the use of praise. “Whether it's an employee or a spouse, you get more of what you want when you praise someone.”
As a motivational tool, of course, praise has been around forever, long before the self-styled experts began teaching us how to practice it. But the praise-making industry only came into vogue as the coddled offspring of Baby Boomers — the kids who got soccer trophies whether they won or lost — entered the workforce en masse and required constant complimenting.
Then the economy blew up, leaving empty cubicles, cut wages, forced furloughs, and a whole lot of insecure workers. Today, it's not just Gen Y that needs emotional reinforcement. It's everyone. All employees and their managers are more stressed than ever, working faster and with fewer resources. And lots of managers mistakenly think they are too busy to give praise.
“The only time you hear from the boss is when you made a mistake,” says Nelson, “And bosses think they don't have to do this because you're lucky to have a job now. People need it more but tend to get it less.”
Giving out praise isn't as easy as you might think, and the approaches vary. One strategy, says Nelson, is to make praise visible. Visit the offices of BankBoston, for instance, and you'll spot gold embroidered stars all over the place, little decorative rewards from managers to good workers. “You walk around and people have these stars on their cubicles maybe attached to their name tags,” says Nelson.
Elsewhere, companies are trying to add a little levity — perhaps as a way to lessen the risk that forced praise in bad times can seem insincere, even hokey. Nelsen recommends gag trophies. At TRW in San Diego, managers buy a piece of junk at the flea market each year, say a lamp or a pitcher, that they pass around each month to recognize a job well done, says Nelson. The winner decorates the trophy to give it personal flair.
Other companies are tossing in some prizes — a little something to sprinkle on the thank you in these dire times. At the Universal Orlando theme park, which last year shed jobs due to the slump, managers give each other S.A.Y. IT! cards, which stand for Someone Appreciates You, and are redeemable for movie tickets, dinners, and other gifts. Says Rhonda Rhodes, vice president of human resources at Universal: “You take care of your people and they will take care of your customers.”
Even Bank of America, with 200,000-plus employees, is in on the praise action. Part of its motivation program rewards workers with recognition points that they can redeem for gifts. The idea, says BofA's spokeswoman Kelly Sapp, is to “keep associates engaged and ultimately drive business results.”
Perhaps the most effective praise doesn't come with a coupon, but rather from human interaction. And this often the most difficult, especially for managers for whom praise doesn't come naturally. Jerry Pounds, who has consulted for Wal-Mart and Ford and writes a blog called Positive Influence, advises managers to praise intellect and problem-solving skills, working the flattery into everyday discussions. “If the boss comes out of the office and shakes your hand then goes back in that's no good,” Pounds says. “There's no need for gimmicks.”
Nelson, who wrote the book “Keeping Up In a Down Economy,” advises managers to create a new mindset. When the thought crosses your mind that someone has done a good job, act on it. Pick up the phone, jot a note, or send an email. Better yet, says Nelson, go find the person no matter what they're doing.
“Have you ever interrupted someone in a meeting to give them good news?” says Nelson. “It's exceptional. You say, ‘Hey, I know you're in middle of something, but I had to let you know. We blew past last quarter's numbers. No way that could happen without you and your team.' That little 10 seconds is going to be conversation at dinner that evening.”
The words you choose are critical, so tread carefully. Mark Holmes, an employee-retention consultant and author of “The People Keeper: How Managers Can Attract, Motivate and Retain Better Employees,” advises his corporate clients to find specific attributes that show that you, the boss, really are paying attention.
“You can simply say, ‘I want to say thank you for being somebody not afraid to tell me what you need to say,'” says Holmes. “Or you say, ‘The thing I appreciate about you Joe is you're consistent.' Or ‘Suzie, you are great as a mentor with our younger employees.' Or ‘I love your contribution. I love the way you speak up in meetings.' It all means the world to an employee.”
Oddly, the best workers are often the ones who get overlooked by the praise givers — like the good kids in a family, who are seen as capable and directed. Yet those are often the people bosses need to go out of the way to praise in bad times so they stick around in good. “It's not uncommon for a high-performing employee to leave companies because of a lack of feedback,” says Holmes.
Anyone who doubts that proper praise can boost a company's bottom line along with its morale should listen to what happened at Houston-based Tetra Technologies, a service company in the oil and gas industry. Steve Hardwick, the global vice president of business development, brought Holmes in 2008 after a dozen big Tetra accounts had shrunk. Holmes worked with the sales and marketing teams on building teamwork and recapturing that business. A big part of what Holmes did was to make sure specific achievements were recognized.
“He made a big deal of saying, as we rolled out a new product and sought accounts, “'Look what Joe did over here,” says Hardwick. “Or he'd say, ‘Bob's got it, look at what he told customers.'”
Tetra ended up bringing all of those lapsed accounts back into the fold. It also recently extended its contract with Shell — one of its largest accounts — for an additional three years. Two of his top guys had led the effort. “I took time to take both of these guys to dinner one-on-one and tell them how much I appreciate them,” says Hardwick. And while Hardwick says the company does its best to compensate high performers, he says praise is often equal to money.
“Money is inert,” he says. “A few thousand here or there isn't going to be the reason you leave a job. What's important is how you feel about how you're fitting in, producing, contributing as part of the team, all non-monetary issues.”
True enough. Even so, most of us wouldn't mind a few extra thousand along with the praise.
In yesterday's Advisor, we entered the Bermuda Triangle of HR—the dangerous waters where the Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), and Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) intersect. Today, we'll see what the Employee Retirement Income Security Act (ERISA) and Fair Labor Standards Act (FLSA) have to do with the FMLA, and we'll introduce a comprehensive program that will keep your FMLA hassles to a minimum.
The FMLA allows for the discontinuation of employee health benefits during a leave if the employee fails to pay his or her portion of the premium. However, the FMLA requires that any discontinued benefits provided pursuant to an employee benefit plan, as defined by ERISA, be resumed when an employee returns from FMLA leave, without any qualifying period.
This requirement makes it necessary for employers to review their benefit plans to ensure that an employee returning from leave will be able to be fully reinstated to all benefits. For example, it may be necessary for the employer to continue life insurance for an employee on FMLA leave to avoid the employee's having to pass a new physical for the life insurance carrier.
In addition, any period of FMLA leave must be treated as continued service for purposes of vesting and eligibility to participate in pension and other retirement plans.
The FMLA and the FLSA interact in two important ways. First, the FMLA provides a special FLSA exemption for salaried, exempt employees. Second, the FMLA requires that FMLA-covered entities maintain records in accordance with the FLSA.
Normally, employers may not deduct hourly amounts from exempt employees' salaries. The FMLA provides an exception, stating that an employer may deduct hourly amounts from an employee's salary when providing FMLA leave without affecting the employee's exempt status under the FLSA.
The burden of proof is on the employer to prove an employee is ineligible for leave because he or she has not worked the requisite 1,250 hours. In determining an employee's eligibility for leave under the FMLA, the appropriate measure of “hours of service” is the standard used by the FLSA that considers only actual hours worked by the employee.
If you do not keep time records, you may have a difficult time establishing your case. To this end, the FMLA requires employers to make, keep, and preserve records related to their obligations under the FMLA, according to the recordkeeping requirements of the FLSA.
FMLA hassles—they just won't go away, will they? And, now, of course, there are all the new FMLA responsibilities—like military leave and reinstatement. Still a little shell-shocked?
It's an almost overwhelming task to keep up with the FMLA, let alone get in compliance with the far-reaching changes. You're going to need a helping hand.
Much has been written about the Bermuda Triangle of Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), and Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), but that's not the only triangle that makes FMLA compliance tricky. Compliance gets even murkier when the ramifications of the Pregnancy Discrimination Act (PDA), ADA, and COBRA are factored in.
FMLA regulations specify that the FMLA does not override other applicable laws, and that where multiple laws apply to a leave situation, FMLA should be coordinated with the other applicable laws. Understanding which laws apply in a given situation, and how they interact, can be complex and confusing, to say the least. Here's a rundown.
The PDA, which amends Title VII of the Civil Rights Act of 1964, makes it unlawful to fire, fail to hire, refuse to promote, or otherwise discriminate against a woman because she is pregnant.
The basic principle behind the PDA is that women affected by pregnancy and related conditions must be treated the same as other applicants and employees on the basis of their ability or inability to work.
As regards FMLA leave, this means:
· A pregnant woman may not be forced to go on leave as long as she can still work.
· If other employees who take disability leave are entitled to get their jobs back, so are women who have been unable to work because of pregnancy.
· If pregnant employees are treated differently with respect to their FMLA leave than nonpregnant employees who request leave because of a serious health condition, you may be guilty of discrimination.
· If a woman is terminated allegedly because of pregnancy or the birth of a child, she may be able to sue under both FMLA and PDA.
Please keep in mind that some states have laws that mandate maternity leave.
COBRA contains rules regarding employees' rights to healthcare coverage.
The major question for employers who must comply with both COBRA and FMLA is when COBRA benefits begin. According to guidance issued by the Internal Revenue Service (IRS Notice 94-103), taking leave under the FMLA does not constitute a COBRA-qualifying event setting off COBRA's notification requirements. A qualifying event does occur if the following conditions are met:
· The employee (or spouse or dependent) is covered by the employer's group health plan on the day before the first day of FMLA leave,
· The employee does not return to work at the end of the FMLA leave, and
· The employee would, in the absence of COBRA, lose coverage under the health plan before the end of the maximum coverage period provided by COBRA.
If these three conditions are met, a qualifying event occurs on the last day of FMLA leave. The maximum COBRA coverage period is generally measured from the date of this qualifying event. If coverage would be lost on a later date, the maximum COBRA coverage period would be measured from that date.
The IRS guidance also says that:
· Any state and local laws that require group health plan coverage during a leave of absence for more time than required by FMLA do not affect the determination of when a COBRA qualifying event has occurred.
· A qualifying event also occurs if an employee fails to pay his or her share of group health plan premiums during the FMLA leave or declines group health plan coverage during the leave.
· The right to take COBRA continuation may not be conditioned on repayment by an ex-employee of any premiums paid by the employer for group health coverage during FMLA leave.
By BLR Founder and CEO Bob Brady
Instead of designating employee paid time off as vacation days, sick leave, and such, many employers have started to lump it together and simply call it paid time off, or PTO for short. But there are pros and cons.
The advantages of undesignated paid time off for employers include reduced tracking of employee PTO and, often, reduced employee sick-leave abuse. Many employers use PTO as a strategic recruiting tool, and they find it to be just as successful for employee retention.
Increasing the number of days that employees can take off from work and still get paid seems to make workers happy. And, because most employees are healthy and don't ever use all of their sick leave, why not let them take the difference as extra vacation time?
Unfortunately, the bad sometimes comes along with the good. PTO programs can invite abuse.
Abuse #1 — Employees are out of the office more frequently.
Because an organization no longer knows why an employee takes time off, their employees, in some cases, are gone more frequently. While this can be controlled somewhat by requiring prior approval for PTO, those employees who never used sick leave will start to use some if not all of that time in their PTO every year.
Abuse #2 — Sick employees are not using sick leave.
One of the most costly abuses of PTO is sick employees not taking time off. If employees begin to view all PTO as vacation time, they don't want to use up their "vacation" time when they're sick, so they come to work and spread germs. This results in productivity declines as more and more of the workforce gets sick.
Be sure that your company culture suits the flexibility of a PTO program. If your company culture isn't flexible, the flexibility of a PTO program may invite abuse.
You must establish clear guidelines in advance. That will eliminate abuse at some level.
Most important, manage your employees and not the PTO program. If employees are sick, make sure they aren't in the office. You have an obligation to provide a safe workplace to all your employees. If someone is sick and contagious, send him or her home immediately!
By Geoffrey James
January 12th, 2010 @ 12:04 pm
Well, not “mad” so much as “incredibly brilliant.” Dr. James Oldroyd of the Kellogg School of Management is probably the world's greatest expert on the measurement of cold calling. He examined and analyzed the electronic logs of more than a million cold calls, made by thousands of sales professionals inside approximately 50 companies. I recently interviewed him for a feature article; here's an excerpt from our conversation:
Pregnant employees typically present a host of Family and Medical Leave Act (FMLA) issues, and then, for many employers, there's the very tricky balancing act of fetal protection—what to do when the mother wants to work in a job that might endanger the unborn child.
Under FMLA, incapacity because of pregnancy or prenatal care is generally considered a serious health condition.
Under the FMLA, leave for the birth of a child is available to either men or women. There are some special requirements and exceptions:
Leave for the birth of a child must be completed within 12 months of the date of birth.
An employer is not required by the FMLA to grant intermittent or reduced leave to eligible employees to care for (meaning “to bond with”) their newborns. Employers, however, may elect to do so.
However, if the mother has a serious health condition in connection with the birth of her child or if the newborn child has a serious health condition, the employer's consent for intermittent or reduced leave would not be required.
Employees can take as much or as little FMLA leave time as they want (subject, of course, to the 12-week maximum) and need not provide any certification. Leave for birth is available automatically and does not relate to any medical need of either the parent or the newborn child.
Note: Many states have their own family and medical leave laws that are similar to the FMLA. Employers covered by the FMLA should follow its requirements with respect to pregnancy leave, unless the employer's own disability/pregnancy leave policy or the state leave law is more generous.
Although the Equal Employment Opportunity Commission (EEOC) has stated that it should be the employee's decision whether the hazards in the workplace to unborn children are worth risking for the position, a ruling by the U.S. Supreme Court in 2002 upheld the employer's right to exclude an applicant or employee from the workplace where it had determined that the workplace would subject the individual to substantial harm.
So what should you do in these situations? Make a careful and well-documented determination of the danger. This determination should not be based on fear or speculation that a pregnancy may indicate a greater risk of future injury or absenteeism or may cause future workers' compensation or insurance costs.
An employer may disqualify a pregnant employee or applicant only where there is specific medical documentation, reflecting current medical knowledge, that this individual would be exposed to a significant, current risk of substantial harm to health or safety.
Pregnancy, FMLA, fetal protection—just a few of what, a dozen challenges hitting your desk daily? How about those intermittent leave headaches, accommodation requests, or attendance problems? Let's face it, in HR, if it's not one thing, it's another. And in a small department, it's just that much tougher.
When employees become pregnant, everyone wants to be understanding and protective, but it's easy for "protective" and "caring" to turn into "discrimination" in court.
The general rule is, a woman affected by pregnancy must be treated the same as other applicants and employees on the basis of their ability or inability to work. Employees with pregnancy-related disabilities must be treated the same as other temporarily disabled employees for accrual and crediting of seniority, vacation calculation, pay increases, and temporary disability benefits.
Let's look specifically at how the American with Disabilities Act (ADA), the Pregnancy Discrimination Act (PDA), and the Family and Medical Leave Act (FMLA) deal with pregnancy.
An Interpretive Guidance issued by the Equal Employment Opportunity Commission (EEOC) on the ADA states that pregnancy, in and of itself, is not an impairment covered by the ADA. According to EEOC, disability from a normal childbirth is “temporary” and not protected by the ADA. However, pregnant employees who suffer from severe pregnancy- or birth-related complications may be covered by the ADA if their medical complications substantially limit a major life activity.
Under the PDA, an amendment to Title VII of the Civil Rights Act of 1964, discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination.
The PDA states that women who are pregnant or affected by related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations.
Under Title VII's pregnancy-related protections, employers are prohibited from discriminating as follows:
An employer cannot refuse to hire a pregnant woman because of her pregnancy, because of a pregnancy-related condition, or because of the prejudices of co-workers, clients, or customers.
An employer may not single out pregnancy-related conditions for special procedures to determine an employee's ability to work.
If an employee is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other temporarily disabled employee. For example, if the employer allows other temporarily disabled employees to modify tasks, perform alternative assignments, or take disability leave or leave without pay, the employer must also allow an employee who is temporarily disabled due to pregnancy to do the same.
Pregnant employees must be permitted to work as long as they are able to perform their jobs. If an employee has been absent from work as a result of a pregnancy-related condition and recovers, her employer may not require her to remain on leave until the baby's birth.
Note: Some state laws go further and require that special leaves, or leaves for a specific period of time, and reinstatement be offered to pregnant employees, even if these leaves are not offered to other temporarily disabled employees.
An employer may not have a rule that prohibits an employee from returning to work for a predetermined length of time after childbirth.
Employers must hold a job for a pregnancy-related absence open the same length of time jobs are held open for employees on sick or disability leave.
Any health insurance provided by an employer must cover expenses for pregnancy-related conditions on the same basis as costs for other medical conditions. Health insurance for expenses arising from abortion is not required, except where the life of the mother is endangered.
The amounts payable by the insurance provider can be limited only to the same extent as amounts payable for other conditions. No additional, increased, or larger deductible can be imposed.
Pregnancy-related benefits cannot be limited to married employees.
If an employer provides any benefits to workers on leave, the employer must provide the same benefits for those on leave for pregnancy-related conditions.
Employees with pregnancy-related disabilities must be treated the same as other temporarily disabled employees for accrual and crediting of seniority, vacation calculation, pay increases, and temporary disability benefits.
Finally, it is unlawful to retaliate against an individual for opposing employment practices that discriminate based on pregnancy or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under Title VII.
by Richard Young
Texting and instant messaging can hinder your ability to get work done.
It's a challenge of modern life: email, Twitter feeds, instant messaging, text messages, and other snippets of information are coming at us so fast that it's hard not to feel under digital attack. Sure, some of it's important — and that's precisely the problem. Turn it all off and you might as well quit the workforce. But read it all and your mind becomes so drained that it's a challenge to get anything else done.
In some ways, technology has evolved in a way that puts mere humans in a bind. Consider the email conundrum. From the moment you wake up, it seems the inbox is calling your name. And if you're like most of us, you answer its call pretty quickly.
“The brain hates uncertainty,” says David Rock, the CEO of Results Coaching Systems and author of “Your Brain at Work.” “It's literally painful to not download your email the moment you arrive at your desk in the morning. But once you've processed 30 or 40 emails, you've ruined your brain chemistry for higher level tasks that are going to create value.”
In fact, a University of London study done for Hewlett-Packard found that “infomania” — a term connected with addiction to email and texting — can lower your IQ by twice as much as smoking marijuana. Moreover, email can raise the levels of noradrenaline and dopamine in your brain by constantly introducing new stimuli into your day. When those levels get too high, complex thinking becomes more difficult, making it harder to make decisions and solve problems — key roles for all managers.
In short, the brain's capacity for decision-making evolved at a time when people had less to think about. Great, so now you have an excuse for not keeping up. But you still need a game plan.
Don't start your day with email. Set your email so it doesn't download new mail automatically or, at the very least, turn off any alert system. Instead, set a time to check for messages manually — preferably later in the day, after you've used your brainpower for more important things.
Equally important is that others at your business know how you want email used. “Emails should be short, concise, and used only when a conversation is not an option,” says Adrian Moorhouse, managing director of executive coaching firm Lane4. “The easier communication is to digest, the more likely it is that the messages will be delivered effectively.”
Some colleagues seem unable to help themselves. We all know the type. They send too many emails; they gossip or forward jokes. Get them to divert their personal chatter online by allowing them to use social media at work (even if it's just at set times of the day). Or talk to the worst offenders one-on-one. Peter Taylor, the director of the project management office for Siemens and author of “The Lazy Project Manager,” says when he's cc'd on emails, he tells the senders to cut it out. “If people had to produce single sheets of paper and hand them out every time they wanted to communicate, they'd be a lot more conscientious. I educate everyone who I communicate with and as a result, the emails I do receive are pertinent to me. I restructure those emails, copy them into ongoing documents, and keep my inbox very small.”
If you're reaching a breaking point, do the email equivalent of filing for bankruptcy. Simply wipe your inbox to start afresh. It seems drastic, but it can work. Send a message to all contacts letting them know what you're planning, select all emails, and delete or archive them. If you're planning a new regime of folders, rules, filters, and information-sharing disciplines, starting from scratch isn't so crazy.
To help you prioritize, start by setting clear goals. We all tend to do this subconsciously, according to Lane4's Moorhouse, but writing them down helps you actually achieve them. Here, too, time of day really matters. Prioritizing is one of the brain's most energy-hungry processes,” writes Rock in his book. That means it's best done when your mind is fresh and well rested. Allocate time to order your thoughts — dashing off a to-do list of tasks that are “front of mind” is easy, but it won't break the back of the work you need to cover.
Try organizing your thinking visually. One great way is with Mind Maps, diagrams of ideas linked together in a tree system that help you visualise all of them in context to each other. That way you won't forget any of your ideas when you have to decide which ones are the most important.
Break down complex information into sub-groups. Once you've determined a goal, you can “chunk” your work into groups to achieve it. You can also do this with your to-do lists.
According to an experiment at Wilfred Laurier University, (It's About Time: Optimistic Predictions in Work and Love, European Review of Social Psychology) people are generally very bad at estimating when they'll finish their own work, but good at guessing for others. So gauge your timing by using someone else's experience. You'll be less stressed if you're realistic about your workload.
To do less, you should delegate more. Too many managers can't resist the temptation personally to get involved in everything that's happening. But effective delegation means limiting the amount of information you have to process, as well as empowering those around you. Then, ask for regular briefings.
Many managers feel they can't shut off the fire hydrant of information. But they can take a break from it. “It's tempting to think that more information makes for better decisions,” says Penny de Valk, CEO of the UK-based Institute of Leadership and Management. “But in most cases, it just erodes your focus. You need time to synthesize information and generate real intelligence.”
That takes discipline, of course, but it's useful to stop thinking when you are stuck on a project so your brain can recover. “You do need to switch off and rebalance your brain chemistry if you're going to come up with new ideas,” says Rock. Stefan Sagmeister of New York-based design firm Sagmeister says he so much believes in the power of time off that he closes up shop for 12 months every seven years to pursue “little experiments” that he doesn't have time for in his daily life.
January 11th, 2010 @ 5:48 am
Here's a quick way to test whether any cold-calling script will actually convert sales leads into sales prospects.
Call up your cold-calling script on your screen. Call up a clock application (or just use your wristwatch.) Read the script aloud as you would say it over the phone, while keeping half an eye on the clock.
Then ask yourself the following five questions:
Here's a real-life example:
Hi, John. Jim here from Acme Cost Control. [Question #1=YES] Did I catch you at an okay time? John, I'm sure you're busy and I want to respect your time, so I'll be brief.” [Question #2=YES] The reason for my call is this. We just saved Universal Transport an additional 12 million dollars in shipping costs, so I thought it was important to reach out to you, since every company has an obligation to their customers and shareholders to reduce expenses as much as possible. [Question #3=YES, Question #4=YES] I don't know if you have a need for our services, but with your permission, let's talk for a few minutes to determine if there is anything we're doing that could benefit you. Would you be comfortable spending just a few minutes with me on the phone right now, if I stick to this timetable? [Question #5=YES]
Hi, John. Jim here from Acme Cost Control. [Question #1=YES] Did I catch you at an okay time?
John, I'm sure you're busy and I want to respect your time, so I'll be brief.” [Question #2=YES]
The reason for my call is this. We just saved Universal Transport an additional 12 million dollars in shipping costs, so I thought it was important to reach out to you, since every company has an obligation to their customers and shareholders to reduce expenses as much as possible. [Question #3=YES, Question #4=YES]
I don't know if you have a need for our services, but with your permission, let's talk for a few minutes to determine if there is anything we're doing that could benefit you. Would you be comfortable spending just a few minutes with me on the phone right now, if I stick to this timetable? [Question #5=YES]
Because the answer to all five question is “YES”, this is an effective cold-calling script.
The above is based upon a conversation with Keith Rosen, author of Coaching Salespeople into Sales Champions. His thoughts on sales motivation were recently featured in the post “Sales Goals Can Be Your Worst Enemy.”
Job descriptions may seem mundane, but when they show up in court, they can kill your case if they're not accurate. About.com's Susan M. Heathfield shares three key warnings for employers.
1. Job descriptions sometimes become outdated as soon as you write them.
In this fast-paced, changing, customer-driven environment, it's a challenge to keep job descriptions up to date. Supplement the job descriptions with regularly negotiated goals and developmental opportunities, Heathfield says. Regular meetings help you focus on how the employee is investing his or her time.
Change the job description if it doesn't match what the employee actually does, Heathfield advises.
2. Employees with inflexible job descriptions will have a more difficult time working "outside of the box."
Job descriptions that are too rigid and confining will keep blinders on your employees. "Job descriptions must be flexible enough that people are comfortable with cross-training, with helping another team member, and feeling the freedom to make appropriate decisions to serve customers," Heathfield says.
3. Poorly written job descriptions can end up as evidence of wrongdoing or wrong-telling.
For example, you don't want to be on the witness stand saying you fired a person because he or she couldn't do a certain task, and then find that the task isn't on the job description (that you signed off on). Whenever the issue is related to performance, the job description will be one of the first documents examined.
__ General Intelligence (typical requirement for machine operators, office staff, etc.)
Does the employee have the ability to learn and comprehend basic instructions and orientation to the job?
__ Motor Coordination Skills (typical for a hand assembler, automobile mechanic, watch repair technician)
Is the employee able to coordinate eyes, hands, and fingers rapidly and accurately and handle precise movements?
__ Coordination of Eyes, Hands, and Feet (typical for a tractor trailer driver, foot-press operator)
Does the employee have the ability to coordinate the eyes, hands, and feet with each other in response to visual stimuli?
__ Verbal Intelligence (typical for a sales clerk, a production supervisor)
Does the employee have the ability to understand the meanings of words and respond effectively?
__ Numerical Intelligence (typical for an accounting clerk, a shipping checker)
Does the employee have the ability to perform basic arithmetic accurately and quickly?
__ Noise Conditions (typical environmental condition for a manufacturing plant worker)
Is the employee exposed during a shift to constant or intermittent sounds at a level sufficient to cause hearing loss or fatigue?
__ Heat (typical for a furnace operator or heat treater)
Is the employee subject to high temperatures that result in significant body discomfort?
__ Cold (typical for an outdoor worker in cold climates or a freezer operator)
Is the employee exposed to low temperatures that result in significant body discomfort?
__ Injury Exposures (typical for electricians, forklift truck operators, tractor trailer drivers)
Is the employee exposed to workplace hazards more frequently than normal? To potential injuries?
__ Atmospheric Exposures (typical for welders, solvent handlers)
Is the employee exposed to dusts, fumes, vapors, or mists that could affect the occupational health of the employee?
In this tough economic time where we are confronted with multiple and challenging employment decisions, it is rare that we find both wisdom and levity bound together so poignantly.
HOW TO RECRUIT THE RIGHT PERSON FOR THE JOB? Put about 100 bricks in some Particular order in a closed Room with an Open window. Then send 2 or 3 candidates in the room and close the door. Leave them alone and come back after 6 hours and then analyze the situation. If they are counting the Bricks, put them in the Accounting Department. If they are recounting them, put them in Auditing. If they have messed up the whole place with the bricks, put them in Engineering. If they are arranging the bricks in some strange order, put them in Planning.
If they are throwing the bricks at each other, put them in Operations. If they are sleeping, put them in Security. If they have broken the bricks into pieces, put them in Information Technology. If they are sitting idle, put them in Human Resources. If they say they have tried different combinations, yet not a brick has been moved, put them in Sales. If they have already left for the day, put them in Marketing. If they are staring out of the window, put them on Strategic Planning. And then last but not least. If they are talking to each other and not a single brick has been moved, Congratulate them and put them in Top Management.
Good Monday morning to you,
Phil Lower
By Eric Magbaleta, SPHR
Today's guest columnist says the recession is giving renewed life to union-organizing activities, and that makes it all the more important for organizations to provide fair wages and benefits and safe working conditions—and to show they care.
There is no doubt that the economic downturn has had an impact on business. And just because 2009 is over, it doesn't mean that employers will stop cutting jobs or that they won't implement other cost savings measures in 2010.
In the midst of a recession, organizations are more vulnerable to unionization. It is true that this country has seen a decline in the percentage of workers who are union members. According to researchers at Georgia State University and Trinity University, the percentage of the workforce belonging to unions dropped from 24% in 1973 to a low of 12% in 2006. It is interesting to note, though, that as the economy soured in 2008, the percentage of union members rose to 12.4%, up from 12.1% the year before.
Here are three of the factors that can make an organization open to a possible union-organizing campaign.
1. Noncompetitive wages and benefits. Unions contend that they can secure higher wages and more benefits for their members through their collective bargaining power. On average, union members earn more paid vacation and sick leave, pay lower medical premiums, and are guaranteed wage increases. Organizations need to maintain competitive wages and benefits to meet market demands and ensure salary reviews and adjustments are conducted annually. This is especially important when comparing organizations within a specific industry or profession.
2. Hazardous working conditions. Workplace safety has historically been a focal point for unions because many organizations tend to ignore or overlook basic workplace safety. Unions have been successful in negotiating extended breaks and requiring additional safety training, which results in a decrease in workplace accidents. Employees expect to work in a safe work environment. Organizations that foster such an environment will enjoy a more productive workforce and reduce their liability stemming from OSHA violations.
3. Lack of job security. Because of the changing dynamics in the economy and technology, organizations do not typically employ workers for their entire career, and there is no incentive to train workers who may be laid off or quit. Union members generally have more job security than their non-union counterparts, as unions often negotiate contract provisions that deter organizations from reducing hours, laying off employees, or disciplining employees without just cause. Additionally, grievance procedures give workers a process to appeal a termination. In many states, non-union employees are considered “at will,” and they don't have any formal options or recourse unless they were terminated for illegal discrimination.
Of course, other factors can influence union-organizing activity, but the main reason organizing occurs is poor management practices. It is natural for workers to see how their wages, benefits, etc. measure up to those of their peers in any profession or industry. Managers must think of ways to show their employees that they care about them, and to listen to their concerns.
Eric Magbaleta, SPHR, works as a human resources consultant for a healthcare organization based in the Pacific Northwest.
There is a 60-day implementation window for employers, during which time we will get a model notice from the Treasury Department explaining to participants the impact of the Act and how they may be eligible for the subsidy. We also anticipate additional guidance from the IRS and Department of Labor on implementation of the subsidy and its impact on taxes and other components of COBRA administration. While we are waiting further instruction, there are some things that we recommend employers do to prepare for the final implementation of these changes.
1. Make Sure You Know Who Will Be Responsible for Preparing and Sending Notices
Within 30 days, we will be getting a model notice from the governmental agencies and that notice must be issued to plan participants and beneficiaries within 60 days of the enactment of the Act. Employers should make sure they have confirmation from their service providers as to who will take responsibility for preparing and issuing the notice. It might be the insurance company, the third-party administrator, a benefits broker or an outside COBRA administrator. It may also be that the employer or plan sponsor takes on the responsibility themselves. But be sure you have confirmation who will be preparing and sending the notices so when the 60-day window closes, the notices have been sent.
2. Know Who Is Getting the Notices
The subsidy applies to those who suffered an involuntary loss of coverage between September 1, 2008, through December 31, 2009. But the Act does not specify what it will consider an involuntary loss, and it also provides that all qualified beneficiaries, regardless of the reason for their qualifying event, must get the notice. Employers and plan sponsors should go back to September 1, 2008, and review records to determine everyone (including dependents) who had a qualifying event and confirm that these individuals will get notice. This can be for voluntary or involuntary termination or reduction of hours, but it also applies to those made eligible as a result of divorce, death or aging out of coverage. They may not get the subsidy, but you must be prepared to send them the notice.
3. Find Out How Much COBRA Coverage Costs
Find out what your plan was charging for continuation premiums from September 2008 through the present plan year. A surprising number of employers are not aware of the actual amount of COBRA premiums charged, either by their insurance company or their third-party administrator. It is impossible for a company to evaluate the actual financial impact of the 65% subsidy requirement without first knowing what underlying cost will be.
4. Find Out Who Has Actually Elected COBRA Coverage and if it has Continued
The Act includes a retroactive provision that allows those who were eligible for COBRA and did not elect. It creates a window for them to now elect continuation coverage retroactive back to the first date of the qualifying event subsequent to September 1, 2008. Even if they did not actually elected coverage when first eligible, they may now use the subsidy to elect. Some people may have already elected coverage and are continuing on. Others elected coverage and then terminated to coverage, either because they obtained new coverage or they could not carry the ongoing cost. We will get further guidance on the treatment of these individuals and the subsidy they may be due, but for an employer to prepare for the financial impact of the subsidy, it should know who has already elected and who might be entitled to a reimbursement for premiums paid as a result of the subsidy requirement.
5. Prepare for Employee Questions
At this point, employers may already be receiving questions about entitlement to the subsidy and how it will be handled. The Act specifically gives employers a transition period equal to two COBRA premiums periods after the first day of enactment. No employer is required to make any immediate subsidy payment nor is any qualified beneficiary relieved of the obligation to pay 100% of the premiums for continuation coverage during this transition period. Employee or qualified beneficiaries should simply be advised that the employer or plan sponsor is aware of the Act and its requirements and is prepared to comply after the close of the transition period. The employer may choose to reimburse employees for the 65% subsidy, or to apply it against future premium payments, but no commitment has to be made immediately.
6. Consider the Impact of the Subsidy on Future Reductions in Force
Recognizing that now there is an added cost to reductions in force that equates to paying 65% of COBRA premiums, employers must consider this added expense when considering the cost benefit of a reduction in payroll. Not all eligible employees will elect COBRA because of the subsidy, but it can reasonably be anticipated that more will than would without the subsidy. If you are in the process of reducing the workforce, affected employees should be advised that the subsidy is available, but application of the subsidy will not be finalized until the close of the transition period.
7. Don't Panic
Above all, don't over react to this change. Clearly this new provision will have some financial impact on your company. However, when it comes to notices, compliance and reporting, those details will develop over the next several weeks.
In their new book, Emotional Intelligence 2.0, Travis Bradberry and Jean Greaves suggest 58% of performance is due to EQ, and they show you how to make it work.
Bradberry and Greaves are co-founders of TalentSmart®, a leading provider of emotional intelligence tests and training. Here are some of their recommendations for putting emotional intelligence into practice.
The first step in developing and using EQ is self-awareness. Here are a few of Bradberry and Greaves' suggestions for developing self-awareness.
The tricky thing about your brain is that when a negative mood takes over, you lose sight of what's good in your life, and suddenly you hate your job, you're frustrated with your family and friends, dissatisfied with your accomplishments, and your optimism about the future goes out the window.
Part of self-awareness is recognizing these times and reminding yourself that they are not permanent. And remember, when you're in a bad mood, that's not a good time to make important decisions, the writers say.
Of course, a good mood can have similar consequences, says Emotional Intelligence 2.0. When you're feeling excited and really happy, it's easy to do something that you'll regret. It's easy to make impulsive decisions while ignoring the potential consequences.
We all have buttons—pet peeves, triggers—that, when pushed, just irritate and irk us until we want to scream. You need to pinpoint the specific people and situations that trigger your emotions, say Bradberry and Greaves. It could be certain co-workers (like drama queens), particular situations (like feeling scared or caught off-guard), or conditions in the environment (like noisy offices).
Once you know what your triggers are, you can develop ways of coping with them.
After you have developed some self-awareness, according to Emotional Intelligence 2.0, the next step is self-management.
You can't foresee every change and every obstacle that life throws in your path, but you can prepare for change. The first step is to admit that even the most stable, trusted facets of your life are not completely under your control.
If you understand this, you prevent yourself from getting bogged down by strong emotions like shock, surprise, fear, and disappointment when changes actually happen.
Bradberry and Greaves suggest you set aside a small amount of time every week or every other week to create a list of changes that could possibly happen. Note actions you could take if the change occurs, and note things you could be doing now to prepare for change.
There are too many thoughts in a day (some research suggests 50,000) to track, but you can track the cases in which you "talk to your self." And then, says Emotional Intelligence 2.0, you can control negative self-talk and avoid the negative emotional spiral. How do you do that?
· Turn "I always" or "I never" into "just this time" or "sometimes."
· Replace such judgmental statements as "I'm an idiot" with factual ones such as "I made a mistake."
· Accept responsibility for your actions and no one else's.
Self-awareness and self management lead to the ability to manage relationships, Bradberry and Greaves say.
Be open about yourself and curious about others, but not judgmental (e.g., "Why on earth did you do that?").
Feedback is a gift that can help us to improve in ways that we might not see on our own. But it can be tough to handle. Listen, ask questions to clarify, and ask for examples. Thank the source of the feedback whether or not you agree with it—it takes almost as much grace to give feedback as it does to receive it.
By Jessica Stillman
December 31st, 2009 @ 2:33 am
It's the last day of 2009 and if you're not busy chilling the champagne, you just might be one of the many people spending the day dreading going back to work in 2010. That sinking feeling you get when you remember that the massive distraction that is the holiday season is almost over? It's a sure sign of work burnout. And don't think just because you've only been at this whole career thing for a few years you're immune from the malady. Even fledgling careerists need to watch out for burnout and have strategies to re-energize their excitement for work.
Thankfully for the afflicted, Tai Goodwin is offering five ways to fight burnout on blog CAREEREALISM, and what better time to tackle your dangerous decline in motivation than at the new year? So what steps does Goodwin recommend?
Personally, I'm a little unsure if the second suggestion to listen to others' success stories would be particularly motivational for me. It makes more sense to focus on what drives you and makes you feel energized, but otherwise Goodwin's list seems sensible. Would you add anything to it?
Tips from So Sue Me, Jackass, a new book by Amy Epstein Feldman and Robin Epstein. Take a look at a lawsuit preventer—the HR audit.
Feldman is a nationally syndicated legal correspondent and general counsel of the Judge Group, Inc. Epstein is a writer and professor of writing at NYU.
Can a person go to jail for harassment?
So Sue Me Jackass says: There's a difference between sexual harassment as a civil claim—what most workplace harassment charges are—and a criminal claim. In a civil claim, although you can be sued for monetary damages, the process will not lead to jail time. However, in some cases, a crime may have been committed, which could lead to criminal charges, and that could result in jail time. Criminal charges could include, for example, "forcible touching," "sexual battery or other offensive touching," "molestation," or "rape."
What about a third-party offense? Can you get the third party fired?
So Sue Me Jackass says: Take the case of a female salesperson who was subjected to a disgusting incident at a client's office. She wanted him fired. But she can't sue him for sexual harassment, because sexual harassment is employment-based and the perpetrator was not her company's employee.
Meanwhile, could she sue her company for harassment?
So Sue Me Jackass says: She could say her company failed to protect her from harassment, and the company could be liable if, for example, it had known that he person she was sent to see had a history of inappropriate behavior and the company sent her anyway.
So there's nothing else that can be done for the harassed employee?
So Sue Me says: Here's an important example of how to respond to "we can't do anything" situations when a colleague reports harassment to you:
· Suggest that she talk to the police.
· Offer to call the harasser's boss to report the incident.
· Write a memo to the harasser's human resources director. It's up to the management team at that company to decide how to handle the matter internally.
· Speak to a manager in the office about what happened so he or she can placed a note in the client's record along with a Do Not Call message in the database.
· Finally, thank the colleague for telling you, so no one will have to face the harasser again.
Feldman actually followed these steps for her colleague who reported the harassment to her. Though the colleague felt "grossed out by the whole thing" and "wanted to go home and take 100 showers," she said she was grateful for the way Feldman and the company responded to her complaint. The lesson is that there is a great deal you can do when you "can't do anything."
What about your company? Any chance that there's harassment going on that you don't know about? What about FMLA abuse, off-the-clock work, or any of literally dozens of other illegal or inappropriate activities? There's only one way to find out—a thorough HR audit.
by David Sally
Consider Steve Jobs and Tim Cook. Recently, Cook has been Jobs' second-in-command, filling the role of COO and running Apple during Jobs' leaves of absence. From the looks of the picture at right, taken at a press conference last year, Cook could also stand in as a body double for his boss, should the need ever arise.
We know that “birds of a feather, flock together,” so maybe Jobs couldn't help but hire Cook away from Compaq because it was like looking in a mirror. Or perhaps Cook is strategically “managing up” by imitating the boss. Maybe his garb is merely a black cloth cape clutched during an obsequious bow to power, and a waving denim flag to signal to the rest of company that he's in good with the big apple. In either case, isn't this kind of trivial? The emperors may be wearing the same clothes, but the idea of proximity causing similarity is still an empty suit. It's all surface, no depth.
And yet, there's some interconnection in these two pictures, a resonance in body language, facial expressions, and even attitude. Of course simply framing these people together in a single photograph causes us the viewers to search for similarities. The same type of search may happen when we are not observers but participants who are physically framed together by office walls, conference rooms, and task-force assignments. This search for likeness is one factor that makes the famous proverb's converse equally true: birds that flock, feather together.
There is solid scientific evidence supporting this -- and demonstrating that it's not limited to just “feathers.” In one of my favorite experiments of all time, a group of psychologists led by Robert Zajonc obtained photos of a number of couples from the year of their weddings and the year of their 25th anniversaries. Observers were presented with randomized arrays consisting of a single target photo and five age-appropriate potential mates, one of whom was the true spouse. Participants could match the young spouses at a rate no better than chance, but they did significantly better with the autumnal photos reflecting a quarter-century of living together. In a follow-up survey of the couples, their rate of resemblance was correlated with their self-reports of happiness and similarity of attitudes. In other words, if you ever thought your grandma and grandpa were starting to look more alike over time, you were right—and the more they looked alike, the happier they were and the more they thought alike.
If you'll grant me that indeed, birds that flock, feather together, how can the savvy manager put this axiom to use? Here are a few principles to keep in mind:
Be aware of opportunities and dangers. The power of physical co-presence is the reason we call on customers, set space aside for conference rooms, meet over lunch, and bring people into the office. Even so, we tend to underestimate and ignore the effects of proximity and similar feathering. The unaware manager may never question whether the trust he places in a key subordinate is due to the person's performance or to the fact that he or she is always in their office (“well, of course, I'm fun to be around”), dressed nicely (“huh…I wore something just like that yesterday”), with well grounded opinions (“right in agreement with mine”), and similar sensibilities (“s/he thinks my puns are as pfunny as I do!”). But “feathering” becomes an opportunity if you know to look for the signs. You'll get your own read on how well your team is harmonized with you and, therefore, how much direct managing they're likely to need.
Prep the ground early. Suppose you're in charge of a key cross-functional task force that you're hoping to bring together into a close-knit, efficient, smooth-running, similar-thinking team. You'll get the most out of the proximity principle if you seed it from the start: reassign desks to the same bull pen, require all members to attend every meeting, deny breakaways and unnecessary breakouts, and aggressively weed out early strife.
Don't overdo it.You can't be obvious about the process, because you want your target to remain unconscious. If Orszag shows up to every meeting with the same color tie and shirt as Obama, if he crosses and uncrosses his legs just as Obama does, if he suddenly takes up basketball and starts showing up at the White House gym in a University of Chicago T-shirt, then he becomes a stalker or, even worse, Andy Bernard.
Monitor for uniformity. If attitudes, opinions, and behaviors in the relationship or team converge, then differences are lost. On the one hand, this is what you want because it yields cooperation and efficiency. On the other hand, too much convergence can lead to group think, over-optimistic estimates, and extreme risk taking. So be sure you bring in outside perspective from time to time.
Escape the pod as needed. No doubt you've encountered the phenomenon of mediating a debate in which when you're with the first side you totally believe what they're saying, and when you're with the other side you also feel aligned with them and in full agreement. In this case, and in others where closeness and similarity are having ill effects on you, get away and find some distance and solitude. “Flying solo” might help restore clarity to the situation and create decisiveness.
Have you seen this phenomenon in effect where you work—of colleagues starting to dress and even look like each other? Better yet, do you have images of colleagues who've grown “feathered” together?
David Sally is a Visiting Associate Professor of Business Administration at the Tuck School of Business at Dartmouth, where he teaches negotiations. He is a behavioral economist and writer with a Ph.D. in economics from the University of Chicago.
Most organizations these days believe that "diversity" produces better results. But things get tricky when it comes to diversity training. It's easy to do significant legal damage, especially with "let-it-all-hang-out" sessions.
One of the favorite moves of diversity training facilitators is to ask employees to drop all pretenses, and just go ahead and express feelings they have about other types of people. "Get them out on the table and let's learn how to deal with them." The facilitator will usually say, "Let's agree that what's said here stays here."
This approach sounds good in theory. But it fails in application. Assume that some participants do make comments about members of protected groups: "I'm uncomfortable around X's." "In my day, we ..." "X's just don't seem to have what it takes to succeed here." "Where I grew up ..." "Our customers don't want to be served by X's."
Talk about dangerous legal territory. First of all, forget about "what's said here stays here." That has no force in court whatsoever. So now you've got your managers on record saying that they have prejudices and discriminatory feelings. It's practically a smoking gun when the lawsuits are filed.
Here are a few exercises that can get worthwhile discussion going, with less risk of fanning the flames.
Instructions: Divide into teams to answer the questions. Then, get together to compare answers.
Take a look at these three diagrams, in which O represents someone who is different in some way.
XXXXXXXXXXX O XXXXXXXXXXX X X X X X O X XXXXXXXXX X X X X XXXXXXXXX X X XXXXXXXXXXX XXXXOXXXXXX
1. In what ways might O be different? ________________________________ ________________________________ ________________________________
2. What attitudes do the three diagrams represent? ________________________________ ________________________________ ________________________________
3. Draw a fourth diagram depicting some other disposition of X's and O's Add more O's if you like.
Of course, there are no right or wrong answers to these questions. Here are some responses that might be given.
1. How is O different? It might be a standard characteristic, such as sex, race, or religion, or it could be any other characteristic, such as level of education, physical stature, or disability. Or, O could be the leader.
2. Most observers would probably say that the first diagram indicates either interest by the X's or perhaps X's ganging up on the lone O. Or maybe they are admiring something about the O. Or watching a presentation of some kind.
The second diagram appears to many to mean exclusion of the O by the X's; Perhaps because they don't want O to participate, or perhaps O, due to, say a disability, cannot participate. However, it might also show that the O is lecturing to the X's.
In the third diagram, the O seems to have been assimilated into the X's.
3. Other diagrams
Here are a few possibilities if no one comes up with a new diagram:
XXXXX OOOOO XXXXX O XXXXX OOOOO XXXXX XXXXX OOOOO OOOOO OOO XXXXX OOOOO OOOOO XXXXXXXXXXXXXX XXXXX OOOOO OOOOO XXXXXXXXXXXXXX
Companies that are characterized by a diverse, respectful, and dignified workplace invariably enjoy the benefits of improved employee morale, higher productivity, larger market share, and a strong bottom line.
And that's good news, because your organization IS going to be characterized by diversity--demographics alone guarantee it. Here's another exercise that can start your discussions of diversity.
Divide into groups to answer, or, if you have a small group, answer individually and then compare answers.
Could the supervisors' comments listed below cause legal trouble? If so, how? ("Answers" to the questions can be found below.)
1. "Alice is pregnant. She shouldn't be flying, so I'm taking her off all the out-of-town cases."
2. "Let's all get together Saturday—well, except for Al. He tends to put a damper on things." (Al is of a different ethnic background than the other members of the group.)
3. "Tracy has young kids at home; he won't be interested in that promotional opportunity—too many late hours."
4. "So they're getting on me for my EEO stats? I've got the solution—I'm selecting minorities from now on. I just won't hire any nonminority, even if he or she is more qualified."
5. "Women aren't tough enough for this job. It takes a real lumberjack type to last 8 hours at this job."
6. "I'm not hiring someone who wears that crazy getup. I've got to entertain clients here."
7. "I didn't hire him. He does have the qualifications, but with that impairment I don't see how he can do the job."
8. "Personally, I'd like to hire with diversity, but my customers just wouldn't be comfortable with that. It's a business decision, not discrimination."
9. "I guess we have to hire him, but that doesn't mean I have to associate with him, or even speak to him."
ANALYSIS
1. This kind of patronizing comment is a plea for a lawsuit. You must treat pregnant employees the same as all other employees.
2. This comment could cause legal trouble. Exclusion from quasi-corporate activities is likely discrimination.
3. Once again, a patronizing approach such as this is illegal.
4. This king of thinking is called reverse discrimination. It's actionable.
5. This statement indicates illegal stereotyping. Rather than reject a class of people, assess an individual's ability to do the job.
6. If that "crazy getup" is religion-based, this could be trouble.
7. If the impairment is a disability, this approach is clearly discrimination under the Americans with Disabilities Act. The situation requires an interactive discussion.
8. Customer preference is not an acceptable excuse for discrimination.
9. Sounds like discrimination. If the person in question is of a particular ethnic group, avoidance discrimination will be a possible charge.
How about your policies on hiring, discrimination, and diversity? They're probably among 50 or so of your policies that should be updated (or maybe written)? It's easy to let it slide, but you can't afford to backburner work on your policies—they're your only hope for consistent and compliant management that avoids lawsuits.
"Flexible work arrangements provide enhanced employee performance while offering an inexpensive and effective way to motivate and retain top talent," says Rose Cook, president of FlexPro Staffing in Eagleville, Pennsylvania.
Simply put, flexible work arrangements are alternate arrangements or schedules that differ from the traditional workday and workweek. Flexible arrangements are often symbiotic, as employees seek a different work schedule to meet personal or family needs, while employers seek the same schedules to meet production requirements or serve customer needs.
For example, when some employees come in early and others work late, the result is customer service coverage throughout a long day with no complaints and no hassles related to overtime.
Specifically, says the Canadian Centre for Occupational Health and Safety, study findings conclude that flexible scheduling results in:
· Increased ability to attract, retain, and motivate high-performing and experienced employees.
· Reduced absenteeism.
· Increased job satisfaction, energy, creativity, and ability to handle stress.
And there's one other particularly welcome benefit—this is pretty much a no-cost program!
The federal Fair Labor Standards Act (FLSA) does not address flexible work schedules. Alternative work arrangements such as flexible work schedules are a matter of agreement between the employer and the employee (or the employee's representative). Of course, minimum wage and overtime requirements apply to any work arrangements.
Common flex arrangements include:
Under flex time, employees work a full day but can vary their working hours. These arrangements are usually established with specific guidelines so that a "core" working day exists. The total hours of work are not usually affected.
For example, the employee may choose to start between 7:30 and 9:30 a.m., and finish between 3:30 and 5:30 p.m. This arrangement provides for core hours when all employees will be at work. Core hours ensure that meetings can be easily scheduled and that employees will have time for collaboration and communication.
Employees are usually expected to maintain their start/finish times so that a routine is established and co-workers can become accustomed to one anothers' schedules.
Another option is for employees to work fewer hours. These arrangements may be on a temporary or permanent basis depending on individual circumstances. Work hours may be negotiated, or they may be chosen to coincide with peak workload hours depending on the type of business.
However, because employee benefits may be affected, employers should think this option through carefully before implementation.
Compressed workweek occurs when an employee works for longer periods of time per day in exchange for a day off. Compressed workweeks may be requested by the employee, but sometimes, the employer initiates the option to improve operational efficiency, to maximize production (reduced daily start-up costs), or to establish longer business hours, which can enhance customer service.
Common arrangements for a 40-hour workweek are working 10 hours per day, 4 days a week; working an extra hour a day with 1 day off every 2 weeks; or working an extra half hour a day and having 1 day off every 3 or 4 weeks.
Telework or telecommuting occurs when people do at least some of their regular work from home instead of going into the office. Details, such as hours of work and communications between the teleworkers, co-workers, and customers, need to be outlined.
Job sharing occurs when two or more people share one or more positions or set of duties. Make it clear before starting how these arrangements affect pay, benefits, and holidays. It is very important that job sharers work effectively as a team and communicate well.
Gradual retirement allows employees to reduce their working hours or reduce their workload over a period of time rather than abruptly switching from full-time employment to retirement. This phased period can be used to train the replacement employee, help others adjust to restructuring within the company, or adjust for the redistribution of tasks among the remaining employees.
Your best bet for boosting wellness in the New Year might just be a flexible scheduling program. Employees like the flexibility, and management likes the productivity and coverage. And the cost is minimal.
Once viewed as strictly an employee "perk," flexible work arrangements are now being recognized as a strategy for creating more effective workplaces, say identical twin sisters Rose Cook and Lynn Faughey, founders of FlexPro Staffing, an Eagleville, PA-based staffing firm that specializes in flexible work opportunities in the pharmaceutical industry.
Enhanced employee performance, less turnover and absenteeism, and fewer stress-related illnesses are some of the positive results that employers experience when they incorporate flexibility into their environment, the sisters say.
Here are their tips for getting flexible scheduling approved.
1. Assess whether your firm's culture supports work-life initiatives. Flexible work should not simply be a catchphrase at your workplace. Management from the top down must encourage the concept and support work arrangements that actively embrace work-life balance.
2. Clearly define the "WIIFM" (what's in it for me) for management. Highlight the applicable advantages, such as cost savings, enhanced productivity, reduced absenteeism, better coverage, reduced turnover, etc.
3. Prepare ahead to address management's possible objections. Think about, and prepare for, the best counterarguments to those objections.
4. Cite other successful examples of flexible work arrangements in your company or other companies.
5. Propose the flexible work arrangement on a trial basis. Ask management to try out the new arrangement for 3 months, with a formal evaluation at the end of the trial period.
6. Make sure that everyone understands that flexibility is a two-way street. Effective work-life initiatives must work for both the employee and the employer, with both entities upholding their side of the bargain.
Once you get approval, says Cook, before implementing, plan very carefully and communicate widely so everyone knows how the system is going to work, especially regarding the necessity to be there during "core" hours and to schedule meetings during core hours.
"Incorporating a culture that supports flexible work into a firm's business model proves to be a win-win scenario. If your organization is not currently addressing work-life issues, it will soon be losing out—if it isn't already," says Cook.
Most experts agree that reducing stress is an important part of wellness, but they don't have much advice for how to accomplish it. Flexible work schedules will go a long way to reducing employee stress. And do it at low cost with minimal disruption. So, definitely, flexible work scheduling can be an important part of your wellness program.
But what about the other part of wellness, the physical well-being? A complete wellness program is the answer. Well-structured and well-run wellness programs generate ROI of up to 300 percent—music to management's ears! But the key words are "well-structured" and "well-run." Poorly structured programs just spin their wheels—no health benefit and no positive ROI, either.
It's a comprehensive guide that takes you step-by-step through setting up a program, from convincing management all the way through to creating and implementing a workable plan for your workplace. The guide also includes a vast collection of ready-to-use forms, handouts, and checklists that both structure your program and provide the metrics to prove its effectiveness to management's satisfaction.
Think you have the right of free speech in the office? You're making the classic fourth-grade mistake, say Amy Epstein Feldman and Robin Epstein, authors of the new book, So Sue Me, Jackass.
Attorney Feldman is a nationally syndicated legal correspondent and general counsel of the Judge Group, Inc. Epstein is a writer and professor of writing at NYU.
So what about the employee who wants free speech rights?
When my co-workers complained that I was hoarding office supplies I started calling them communists. My boss threatened to fire me if I kept it up. How is that not a violation of my right to free speech?
So Sue Me, Jackass says: You're making the classic fourth-grade mistake—Yes, the First Amendment grants you the right to freedom of expression, but it only applies to the government, which must give you the right to free speech. The amendment doesn't apply to private entitles, which are within their legal rights to prevent you from freely expressing yourself on their time.
When we start talking politics in the office, things get heated and angry. Can the company stop this talk?
So Sue Me, Jackass says: Talking politics can be rough stuff. But companies can, in fact, prevent employees from engaging in political discussions. Again, because your "right" to free speech is only a right when dealing with the government, the Constitution does not protect people from what they can and can't say to private entities like employers. Therefore, companies are well within their rights—and during a heated election may be advised—to create policies that require collegiality among co-workers.
Although many states restrict an employer's right to terminate an employee for political associations outside the office, when an employee steps into the place of business, he may be required to act professionally and not verbally dress down a co-worker for a difference of political opinion—even if that co-worker really needs it.
Another annoyed worker thinks it must be illegal to make someone work on a national holiday. Can you make people work on holidays?
So Sue Me, Jackass says: Unfortunately for you, it's not illegal for an employer to make an employee work on a national holiday. Mean, yes, illegal, no. And, under federal law, the employer is also not required to give employees extra holiday or premium pay, or double time or triple time for working on a holiday. (However, the employer will owe normal time-and-a-half overtime premium for hours worked over 40 during the week. Assuming the employee is nonexempt.)
If you want to have a workplace that's "a little harass-y," can't you just make it a condition of employment that employees have to put up with that atmosphere?
So Sue Me, Jackass says: Dov Charney, CEO (and underwear designer) for American apparel, tried that approach. He warned all applicants in word and deed (he conducted interviews in his underwear) that the environment fostered by the company was one of sexual openness. If applicants didn't like it, they shouldn't take a job there. The argument didn't work. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute harassment when it explicitly or implicitly affects a person's employment or interferes with his or her work performance or creates an offensive environment.
Simply telling an employee up front that the workplace is a sexually hostile work environment doesn't protect the company from a lawsuit.
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