by TJ Carter, SPHR

Taking on a management role can be demanding; it brings new responsibilities, additional workload and more. It can be even more challenging when an employee has been promoted into the role of manager and is now responsible for supervising former co-workers. In order to succeed, these managers will need to find a way to transition a peer relationship into a successful manager-employee relationship.

Here are some tips for making a successful transition:

• Separate the personal relationship from the professional one. You can remain friendly with former co-workers but should make it clear that personal relationships cannot and will not influence your decisions and actions at work. Creating this separation may involve limiting or eliminating after-work socializing to avoid potential conflicts. This doesn’t mean a manager and his or her employees can’t be social or have lunch together, but if they do, conversation should be limited to general topics such as hobbies and interests.
• Let former peers know that you take your new responsibilities seriously. Some new managers will use jokes or humor to ease into difficult conversations with their employees, but doing so can undermine the seriousness of a counseling session or disciplinary action. Being gentle but firm can go a long way in helping employees improve and can help the manager gain and maintain employees’ respect.
• Treat all employees equally. Playing favorites can create tension and interfere with a manager’s ability to effectively lead the team. It could also invite claims of discrimination in some circumstances. Managers should consistently provide both positive feedback and suggestions for improvement to all of their subordinates. Doing so can promote successful employee development while ensuring fair treatment.
• Ask for help. Many managers have, at some point in their careers, found themselves in the position of managing former co-workers and peers. Talking with others in leadership roles can be a great source of guidance when making this transition.

By separating the personal relationship from the professional one and managing former peers or co-workers with consistency, fairness and respect, an employee can successfully make the transition to manager.

by Joanne Deschenaux, J.D., SHRM senior legal editor

Speaking before a session of the Society for Human Resource Management’s Employment Law & Legislative Conference March 14, 2011, an unemployment insurance (UI) expert presented a bleak picture of UI costs across the country. The following sobering facts were revealed by Douglas Holmes, the president of UWC, a nationwide association that represents the interests of the business community on national unemployment insurance and workers’ compensation public policy issues:

1. State unemployment taxes increased as a percent of total wages on average by 34 percent from 2009 to 2010 and are expected to increase even more for 2011 and 2012.
2. Thirty-two states have outstanding federal loans of $43.6 billion. The U.S. Department of Labor (DOL) projects a peak in 2013 of up to 40 states and $65.2 billion.
3. Interest on loans is charged at the rate of just over 4 percent for 2011. Under federal law, the interest may not be repaid from the state UI taxes, so approximately $1.7 billion will have to be paid from other sources. Employers in 19 states will pay a special assessment to cover this cost (Alabama, Arkansas, Arizona, Colorado, Connecticut, Delaware, Florida, Hawaii, Indiana, Kansas, Michigan, Minnesota, Missouri, New Jersey, New York, Pennsylvania, Rhode Island, South Carolina, and Wisconsin).
4. The first interest payment from states is due Sept. 30, 2011. Interest continues as long as loans are outstanding.
5. Federal Unemployment Tax Act (FUTA) increases in borrowing states have begun in Michigan, Indiana and South Carolina, and are projected in 24 states for 2011, costing more than $2 billion in additional FUTA taxes.
6. Spending on unemployment compensation is at an all-time high, jumping from approximately $31 billion in 2008 to $120 billion in 2009 and $160 billion in 2010.

Impact on HR

Going beyond the numbers, what does this mean for HR? “Congress will focus on this only when they have to,” Holmes said, noting that state and federal UI taxes will continue to rise, which will increase the cost of hiring. In addition, the increased duration of unemployment compensation will continue to be a disincentive to individuals deciding whether to actively seek and accept work available in the labor market, he noted.

Ronald Adler, the president of Laurdan Associates, a consulting firm in Potomac, Md., stressed that HR professionals “need to understand how much UI is costing their individual companies.” In addition to an increase in the cost of hiring, UI-related risks include increased administrative costs and reduced profitability, he said. In addition, UI activity may trigger an audit by the state UI agency as well as by federal agencies, including the Department of Labor, Internal Revenue Service or Immigration and Customs Enforcement.

So what can HR do?

Adler noted that the first step for HR should be to review and verify tax rate notices. Next, ensure that your classifications of employees and independent contractors are correct and ensure that you have properly reported wages—the correct amounts to the correct states, he added.

Next, Adler recommended that HR take steps to protect the company’s experience rating, which impacts the state taxes it must pay. In order to do this, HR professionals should make sure that all UI claims forms are timely and correctly completed. All incorrect determinations and decisions should be appealed. He further recommended that HR attend UI hearings. In addition, he said, HR should notify the state UI agency of rehires and of refusals of job offers.
HR professionals should also look at the broader picture, Adler suggested, and assess hiring procedures and performance management appraisals. Increased effectiveness in performing these tasks may reduce UI claims, he noted. In addition, HR should ensure proper and effective documentation of employment actions and review disciplinary and termination procedures.

And of utmost importance is the training of supervisors and managers, Adler emphasized.
Holmes made the following additional suggestions for HR professionals concerned with the rising costs of providing UI benefits:

• Work with SHRM and business advocacy groups to explain the impact of increasing payroll taxes on decisions to hire.
• Explain the practical impact of individuals staying on unemployment compensation for long periods—loss of job skills; disincentive to accept jobs that are open while claiming unemployment compensation.
• Manage UI claims costs by paying attention to benefit charges, refusals of work, overpayment and fraud.
• Work with state workforce agencies to identify opportunities for unemployed workers for on-the-job training, internships and customized training that may serve some of your needs while reducing unemployment claims.
• State and federal unemployment taxes will continue to increase over the next three years and remain at higher rates for at least 10 years on average, Holmes predicted, so this is not a problem that is going to ease anytime soon.

For more information, visit www.shrm.org

By Stephan Terrill

Some of us struggle with getting to work on time, and this can cause a problem in the workplace.

If you are habitually late for work, this could result in disciplinary action, possibly including termination of your employment.  Here are 5 tips that can help you make it to work on time:

1.     Lay out your clothes the night before work. This will reduce decision making in the morning and shave off 5 to 10 minutes of prep time.

2.     Organize your morning routine. See if you can pare down the time it takes to get ready in the morning.  Shorter showers,  cutting out TV watching, and perhaps brewing your coffee at home rather than stopping for the first cup of joe can help you get an earlier start.

3.     Leave early.  If at all possible, leave for work early to help keep you from feeling rushed or speeding in traffic.  In some cases, leaving your house even five or 10 minutes earlier could cut your drive by 10-20 minutes.

4.     Listen to traffic reports.  Know where the trouble spots are and take advantage of alternate routes to avoid sitting in traffic.

5.     Carpool. This will helps in two ways.  Someone else is counting on you to be on time and in larger cities, it may enable you to utilize the HOV (High Occupancy Vehicle) Lane, which will speed up your drive time.

Remember, it all comes down to disciplining yourself to getting to work on time.  Sometimes, being late is unavoidable, so be sure you know whom to contact when coming in late.  Always refer to your company handbook for specifics on workplace attendance policies.

Key employee retention is critical to the long term health and success of your business. Managers readily agree that retaining your best employees ensures customer satisfaction, product sales, satisfied coworkers and reporting staff, effective succession planning and organizational knowledge and learning. If managers can cite these facts so well, why do they behave in ways that so frequently encourage great employees to quit their jobs?

Employee retention matters. Organizational issues such as training time and costs, lost knowledge, mourning, insecure coworkers and a costly candidate search aside, failing to retain a key employee is costly. Various estimates suggest that losing a middle manager costs an organization up to 100 percent of their salary. The loss of a senior executive is even more costly.

Employee retention is critically important for societal reasons as well. Over the next few years while Baby Boomers retire, the upcoming Generation X population numbers 44 million compared to 76 million Baby Boomers available for work. Simply stated, there are a lot fewer people available to work.

One of the primary measures of the health of your organization is employee retention. If you are losing critical staff members, you can safely bet that other people in their departments are looking as well. Exit interviews with departing employees provide valuable information you can use to retain remaining staff. Pay attention to what they say. You’ll never have a more significant source of data about the health of your organization.

Here are 4 tips to help you in your employee retention efforts:

A satisfied employee knows clearly what is expected from her/him every day at work. Changing expectations keeps employees on edge and creates unhealthy stress. They rob the employee of internal security and make the employee feel unsuccessful. Provide employees the specific framework within which they clearly know what is expected from them.

The quality of supervision an employee receives is critical to employee retention. People leave managers and supervisors far more often than they leave companies or jobs. It is not enough that the supervisor is well liked or a nice person; starting with clear expectations of the employee, the supervisor has a critical role to play in retention. Anything a supervisor does to make an employee feel unvalued will contribute to turnover.

Many employee complaints center on these areas:

- Lack of clarity about expectations
- Lack of clarity about earning potential
- Lack of feedback about performance
- Failure to hold scheduled meetings
- Failure to provide an environment in which the employee believes they can succeed

The ability of the employee to speak his or her mind freely within the organization is another key factor in employee retention. Does your organization solicit ideas and provide an environment in which employees are comfortable giving feedback? If so, your employees will offer ideas, give constructive criticism and commit to continuous improvement. If not, employees will bite their tongues or find themselves constantly ‘in trouble’, until they leave.

Talent and skills utilization is another factor key employees seek in the workplace. A motivated employee wants to contribute to work areas outside of his or her specific job description. How many people could contribute far more than they currently do? You just need to know their skills, talent and experience, and take time to utilize them.

By TJ Carter, SPHR

Most of us have heard about David Letterman’s alleged affairs with his female subordinates, and this is a useful reminder for employers: create a systematic plan for dealing with workplace harassment and romantic relationships. And then follow it.

As the Letterman case shows, the line between inappropriate behavior, romantic relationships, and harassment can blur. Consensual relationships sometimes sour. Other times, employees enter relationships because they feel compelled to, believing that doing so is a prerequisite to success or advancement. And in the worst cases, employees are explicitly told or threatened that the relationship is a job requirement.

To protect themselves and their employees, employers must walk the difficult line between preventing and correcting harassment, without stifling all consensual, non-workplace conduct.

Here are 10 ways to help manage this sensitive subject:

1) Start with a Harassment Prevention Policy.

A solid harassment prevention policy is the first line of defense. But the existence of a policy on its own is not enough. To be effective, a policy must clearly identify who is protected, explain conduct that is prohibited, and tell employees where to report problems and get help. Additionally, supervisors and managers need to know what to do with information or complaints they receive from their employees. And to make sure everyone knows the rules, employers must be sure each employee has a copy of the current policy and know who to ask when they have questions.

2) Training Requirements

Although federal law does not require harassment training, it is highly recommended and may provide an affirmative defense for the employer when challenged. Also, some states such as California do require harassment training, so insure you check your state requirements.

3) Train Everyone

Training lets employees know company standards, and it tangibly demonstrates the company’s commitment. It is also a good opportunity to share information about the company and management. Taking steps to prevent unlawful harassment and discrimination can help the company avoid or reduce potential damages in litigation. It also reinforces to employees that the company takes the issue seriously.

4) Adopt a Conflict of Interest Policy

Employers can restrict relationships that can create an actual or potential conflict of interest, such as a relationship between a superior and a subordinate. In these situations, employers legitimately worry about the potential for the personal relationship to interfere with business judgment. For this reason, many employers’ policies discourage or prohibit relationships that can cause this conflict. Such policies may also specify that employees are expected to disclose relationships that may create a conflict, so the employer can take appropriate action to address any potential conflict. Be aware of state laws that might prohibit strict non-fraternization policies.

5) Distinguish Harassment from Relationships

Not every romantic relationship is ‘harassment’. Relationships can change though. When consensual relationships end, for example, employers must take seriously later complaints of mistreatment. In one case, an employee claimed a co-worker, with whom she had an on-again, off-again romantic relationship, created a hostile work environment. When the relationship ended, the employee complained to the company about her co-worker’s behavior, and the company responded by disciplining the co-worker. When the employee later sued, the company won because it had acted quickly to resolve the employee’s complaints.

6) Do Not Create Temptation

While employers have little control over how employees spend time away from work, they can do things to control conduct that can affect the workplace. For instance, employers should make clear that harassment prevention policies apply to all work-related events. Management should avoid holding company-sponsored events at venues that may encourage behavior that violates conduct policies. One obvious example is the high incident rate between alcohol and unwanted conduct. Employers also can reinforce that its technology, such as email and telephones, are for business use and not for conducting workplace romance.

7) Consider Love Contracts

Some employers ask romantically involved employees to sign a ‘consensual relationship agreement’ or a ‘love contract’. This document generally acknowledges a relationship, confirms that it is consensual and will not interfere with job performance, and reinforces the principles of the employer’s harassment prevention policy. The agreement usually states the employee’s obligation to notify the employer of conduct that violates the policy.

8) Stay out of Employee Private Time

As hard as it may be to accept, employers must recognize there is little they can do about consensual relationships between employees that do not affect their workplace performance or conduct.

9) See it From the Eyes of Others

Employees engaged in relationships are not the only ones who may be subject to a hostile work environment. In one case, the court established that a manager’s favoritism for multiple paramours can create a hostile work environment for other employees. In this case, a supervisor engaged in romantic relationships with several women who reported to him, and they were promoted and treated favorably. While a single act of preferential treatment is not unlawful harassment, the court held “severe or pervasive” sexual favoritism can be actionable conduct. And, the person suing need not be the victim of the conduct.

10) Act on Violations or Complaints

An employer’s most important duty is to act on complaints or anytime it becomes aware of potential violations of its harassment prevention policy. An investigation need not be error-free or conducted with sophisticated methods. But it must be prompt, conducted in good faith, and sufficiently thorough under the circumstances. Employers should take all complaints seriously because employees find it very difficult to bring forth these complaints. A complaint may involve a relatively trivial incident; however, an investigation may reveal a larger problem.

This information should not be construed as legal advice.

The growth of social media use on sites such as Facebook, LinkedIn, and MySpace has prompted many employers to broaden their electronic communication policies to address employee participation on such sites when that participation includes employment-related information. There are limits, however, to how far employers can go to regulate employee communication, as illustrated by a recent complaint issued by Region 34 of the National Labor Relations Board (NLRB).

The NLRB’s complaint claims that American Medical Response of Connecticut, Inc. fired one of its employees because she posted less-than-flattering comments about her supervisor on Facebook. In particular, the employee used expletives and implied that her supervisor suffered from psychiatric problems. Some of the employee’s co-workers expressed support for her in their comments in response to the posting. Although the employer contends that the employee was terminated because of complaints about her performance – rather than anything the employee posted on Facebook – the NLRB nonetheless issued a complaint and scheduled a hearing for early next year.

At the heart of the NLRB’s case is the well-settled principle that employees generally have a right to communicate with one another about the terms and conditions of their employment. Such so-called protected concerted activities cannot form the basis for any adverse employment actions without running afoul of federal labor law. According to the NLRB, the fact that the communications in this case took place on a social media site does not in any way lessen the protections afforded the employee. Indeed, Acting General Counsel for the NLRB, Luke Solomon, suggested Facebook is akin to a “water cooler.” As a result, the NLRB took into account the employer’s policy of prohibiting employees from making negative comments about supervisors or “in any way” depicting the company on the Internet without permission in reaching its decision to issue a complaint.

Although it remains to be seen whether the NLRB will prevail, its decision to issue the complaint serves as a timely reminder to all employers. Regardless of whether employees are represented by a labor union or not, the National Labor Relations Act applies to all employers, and employers may not interfere with employee-protected concerted activity. Policies that purport to prohibit employees from engaging in “all” or “any” communication regarding the employer can draw unwanted attention from the NLRB. It is no defense that the prohibition applies only to social media or was not intended to chill employee rights.

A well-drafted, comprehensive electronic communications policy is the key to avoiding similar problems. Such a policy allows employers to protect their legitimate interests without unlawfully interfering with protected concerted activities or other employee rights.

by BHZ

At the first signs of a southbound economy, some companies rush into panic mode:; they slash the staff and hope for the best. Certainly, labor is the biggest expense for most businesses. That’s why many managers believe there is no faster, more efficient way to improve the bottom line than by cutting staff.

But when you add up some of the costs of layoffs, such as severance payments, continued healthcare costs for some former employees, and higher unemployment charges, you may realize you are defeating your purpose. And that’s only part of the picture. Since layoffs create uncertainty, they often prompt a drop in productivity, a decline in quality, a loss of talent as remaining staff members start looking for jobs elsewhere and increased costs to train remaining employees to take up the slack.

That’s just the short term. Once the economy picks up steam, you’ll have to spend money recruiting and training a new workforce. You might be understaffed and unable to keep up with new demand – another strain on profitability.

There are stories of companies during the Great Depression that had employees wash windows over and over again rather than lay them off. The end result: a fiercely loyal and trained staff ready to jump into action as the economy turned slowly up.

Take a clue from those companies and adopt a contrarian stance when possible. Here are eight strategies to help you adapt to changing economic circumstances with layoffs as a last result. In the end, your company will be more efficient and better prepared to tackle the competition when the economy re-engages.

Strategy #1: Get a playbook – Like a football team, you need a series of defensive plays as the game progresses quarter to quarter. Your company playbook – a combination of a business plan and strategic vision – helps you stay on track during hard times. And expect your employees to achieve the goals in the plan.

Strategy #2: Involve staff - Keep employees appraised of the challenges your company faces. Let them know layoffs are a last resort but you need their help to bring expenses into line. Set up cost-cutting teams and give them goals.

Strategy #3: Dump some perks - This can produce a host of cost cuts. Prime areas for trimming the fat are travel, executive seminars, rental cars, expense accounts and staff retreats.

Strategy #4: Opt for some rescheduling - Consider a four-day workweek, telecommuting, temporary furloughs, flextime and other means to cut payroll costs.

Strategy #5: Trim salaries - Reduce wages by, say, five percent across the board. Offer employees stock options that make up the difference and provide an incentive to work toward the company’s success. Ask senior executives to forgo annual bonuses. Review your sales commission policy for possible cuts.

Strategy #6: Streamline – Restructure your business to enhance performance. Get rid of any department, plan or operation that isn’t contributing to the company’s success. Look for duplicated efforts, obsolete production lines and non-core businesses that can be sold.

Strategy #7: Selectively downsize – Take advantage of attrition and early retirement possibilities. If layoffs are inevitable, consolidate back-office operations first and retain employees who have face-to-face contact with customers. Look to lay off employees who add little value or disrupt others’ performance.

Strategy #8: Beef up coaching – During a slowdown, your employees are likely to have more time for training than when your businesses is steaming full ahead. By adding training, you show employees that you’re committed and willing to invest in their careers. And they’ll be better prepared once the economy picks up steam.

Of course, there’s no way to know how long the economy will remain weak. But with some creative juggling, you can retain employees and give them a stronger determination to make the company succeed.

By TJ Carter

Being an effective manager takes work. Also, if you are new to the role with little or no training, you will discover there is a difference between being a great employee and managing great employees.

Being a manager takes courage, drive and a little insanity. Many managers know what to do; they are just overwhelmed with the volume of what they need to do.

Here are 5 tips managers most likely know but tend to forget, so lets review what you already know so you can put that knowledge into practice immediately.

1. Determine Who’s Who. Know the personalities on your team, and who you are. The 4 different ‘playground personalities’ will help you do this. Ask, “What type of kid was I on the playground?”

• The one who made sure everyone got a turn at bat? This is the Peacemaker.
• The one who made everyone line up and count off? The Organizer.
• The one who changed the rules midway through the game? The Revolutionary.
• The one who wanted to play it my way? The Steamroller.

Once you figure out your playground personality, determine whos on your playground. Don’t miss the signs. People are very clear with their body language, word usage and intentions.

Peacemakers appreciate communication and collaboration. If a staff member’s eyes bulge when others argue, that’s a clue.

Organizers are structured and decisive. If an employee comes to a meeting with charts or color-coded paper, he’s an organizer.

Revolutionaries hate routine and prefer to adapt to the moment. You’ll know a revolutionary when you ask, “Where did that come from?”

Steamrollers are smart and opinionated and can solve complex problems. They take opposing views and keep ideas floating at 30,000 feet.

2. Show Respect. Respect starts with the manager. Saying “hello” or “thank you” goes a long way. To show respect:

• Brainstorm ideas with Peacemakers
• Provide meaningful work with deadlines to Organizers
• Assign emergency tasks to Revolutionaries
• Ask Steamrollers for their opinions

3. Face Facts. Not everyone collects facts the way you do, so ask questions, be open to learning and don’t shut down discussions too early. When you think you have the facts, ask again to make sure.

4. Find the Humor. Humor should never be personal, but try to find the absurdity that invades everyone’s workspace and lighten the mood. Humor helps employees relate to you and builds camaraderie for difficult tasks.

5. Put it all Together. Managers get paid to get work done. Just when you have a plan, something goes wrong. Don’t immediately go to Plan B. Leverage personalities and the way each approaches a problem.

Understanding employees and empowering them to tackle their work in a manner that suits them will help you blossom into a confident, seasoned professional.

from HRTechNews
This employer’s taken the concept of online background checks to a new level.

Candidates applying for jobs with the city of Bozeman, Montana, are asked to list “any and all” Web sites, chat rooms and social networking groups they use (“including but not limited to Facebook, Google, Yahoo, YouTube.com, MySpace, etc.”) – along with their usernames and passwords.

Many hiring managers Google applicants’ names or look for them on Facebook, but actually logging in to their personal profiles is something new entirely.

Why does Bozeman want that access? According to city attorney Greg Sullivan, it’s “to make sure the people that we hire have the highest moral character and are a good fit for the city,” The Consumerist reports.

Sullivan also said the city doesn’t look at “the things that the federal Constitution lists as protected things” (whatever that means).

The story drew a lot of attention and outcry from the media, potential Bozeman employees and HR pros. That’s not surprising, considering there’s a debate going on about whether hiring managers should even look at candidates’ profiles, let alone obtain log-in information.

Apparently all the press got the city rethinking that part of the application. In a recent press release, Bozeman announced it will “suspend its practice of reviewing candidates’ password protected internet information until the City conducts a more comprehensive evaluation of the practice.”

What do you think? Did the public overreact to Bozeman’s hiring practice, or was the negative response justified?

Should social networking profiles play any role in the background check process at all?

Let us know what you think in the comments section below.

Online social media, such as social networking websites or blogs, can be highly effective business tools for sharing ideas and exchanging information. They also can present problems for employers when dealing with how employees use such media in and outside of workplaces. Improper use of social media by employees can include disclosing employer sensitive or proprietary information over social media or using social media via employers’ electronic communication systems to engage in illegal or fraudulent activities. To help reduce liability for improper use of social media by employees, employers should adopt and implement social media and electronic communications policies to set guidelines for employee use of online social media.

Recent Staff One Presentation Developing an Effective Social Media Policy