May 2005
|
So what's this tell us? First of all, the primary reason that people come to work is to get paid. Companies would be wise to provide their employees with a total compensation statement including all the monies they pay towards Social Security, taxes as well as benefit contributions. Secondly, in the surveys that we have seen and conducted, once a "fair days wage" is paid and benefits are offered consistent with competitors, these concerns then fall into forth or fifth place. The way to determine what a "fair days wage" is by asking two questions; what do salary surveys tell us? And what would we have to pay to hire that employee today? The fact is, the marketplace governs a fair days wage, not your compensation department. What employees are then most concerned about is safety and job security. It is only afterwards that subjects such as communication, job flexibility and the relationship with a supervisor begin to matter. These survey results are right out of Abraham Maslow's Hierarchy of Needs. In ascending order those needs are survival, security, belonging, ego gratification and eventually "oneness" or spiritual alignment with the work performed. There is a lesson for HR in all of this: just because HR executives may hold relationships and communication at the top of their needs, it is not necessarily the case with the overall workforce. Our bet is that different groups of workers will have a different set of needs. For example, the needs of the HR professional may be different than the needs of the retail clerk or press operator or vice president of marketing. Women may have different needs than men. And so on. This means that a "one size fits all" approach to hiring, motivation and retention will miss its mark with those groups that have a different set of needs. As always, the best way to find out what someone perceives as their primary needs is to simply ask. You can learn more about the survey by going to www.shrm.org.
|
|
TURNING UP THE HEAT OF EXCELLENCE Greatness and excellence starts at the top. These initiatives are inevitably leadership driven. The real question is, why should anybody buy into the process? At the announcement of these programs there is generally much grumbling, even though the intent is to improve the organization. Some people will actually leave. Perhaps because of a fear that they will be "found-out", perhaps because they view it as a mechanism to get rid of the old-folks, perhaps because they fear it will be a change for the worse, perhaps because it was not their idea, perhaps because they have been resistant of the notion of change ever since they turned 14. The second type of employee will go along with the process, simply because they are like sheep. In their minds they need a job and they are willing to suffer anything to hold on to it. In a sense they are simply going along for the ride. Problem is, they will add no more energy to your initiative than the minimum required to survive. The third type of employee has been wondering, "What took you guys so long?" They are driven to be successful. They embrace change. Given the opportunity to shine, they will bring added energy to the program. Leadership must deal with each of these groups differently. For those resistant to change, we can begin by directly addressing their fears. Their fears of inadequacy, or of change, or of being moved around with no more regard than a chess-piece. The good news is, when the heat of excellence is turned-up, the poor employees that you've been hoping would quit, finally do. What a relief! The risk real here is losing an otherwise valuable employee for lack of addressing their fears on the front end. Help them by understanding that the fears associated with not going through this process are even greater. The fear of obsolescence as an organization, or in one's career, is very real. For the second type of group, those we shall call the sheep, we are challenged to coax, encourage and inspire them in a vision greater than themselves. We coax them by requiring them to take baby-steps. A gently push, if you will. We encourage them by telling them that we expect them to succeed and know that they can do well. We inspire them through stories of success, whether ours or that of others who have gone through similar programs. When it comes to the last group, the most important role of leadership is to be inclusive. This is because they have a lot to offer that will be left on the table if not invited to contribute. Go through a process, which gives them a forum for sharing thoughts and strategies. Then do something with their insights. It is also important to keep them focused on bread and butter tasks while incorporating new opportunities. These programs should not be viewed as a substitute for thinking for ourselves. They are a discipline that should result in a liberation of creative thinking, not the squelching of it. Employees have to be permitted to deal with a situation on the fly without having to run back to the quality manual. They have to have the authority to say no to a process if it violates common sense. As Buckminister Fuller stated so eloquently, "The reward we get for solving one set of problems, is yet an even greater set of problems". The final question for today's leader is to ask, "Where do we go from here?" Now that we have won the Baldridge Award, now that we are ISO Certified, how have our lives changed? Are we happier about the work that we are doing? Have we celebrated our success? Are we making additional profit for the company and for ourselves? How do we sustain this effort? How do we have even more fun getting better?
|
|
DEPARTMENT OF LABOR OK'S PARTIAL DAY LEAVE DEDUCTIONS
|
|
RETURN TO WORK "FITNESS FOR DUTY" |
SHRM and CNNfn have published their 2004 Job Satisfaction Survey and - big surprise, employers and employees don't think alike! According to HR professionals, the top three employee concerns were: relationship with immediate supervisor, management recognition of job performance and benefits. According to the employees, their top three concerns were: benefits, compensation/pay, and feeling safe at work.
You have made the decision that good isn't good enough. You have decided to go for the Baldridge Award, undergo Six Sigma training, or maybe become ISO Certified. Whether we are moving from Good to Great, or are In Search for Excellence, all companies face a fundamental set of challenges.
It has long been understood that you cannot take a partial day deduction of pay due to employee absence without compromising an exempt salary status. The DOL has issued a letter indicating that you may in fact take partial payments from accrued leave and sick pay conviction or PTO Plan without jeopardizing the exemption. One caveat: if you are in a highly regulated environment such as California you may want to find out if your state has gone along with the DOL's opinion.
The Department of Labor allows employers to require a Fitness For Duty test when employees return from FMLA Leave, so long as the policy is applied uniformly. This Fitness For Duty certification may apply only to the particular health condition that caused the employee's need for the leave and it also allows requiring the employee to submit to drug testing once they return to work. According to the DOL a practice of requiring drug testing within three days of returning to work and treating an employee's refusal to the testing as insubordination do not violate FMLA, letter said. Again, we remind you of possible state law distinctions.“Reality has outgrown existing theories.” Peter Drucker |
| This issue discusses:
We’ve also provided hyperlinks to the Form
of the Month. |
|
THE BROAD NATURE OF RETALIATION CLAIMS
It should come as no surprise when this woman files a retaliation-based claim. The lesson here is to try to rebuild any trust lost between the parties and to give the claimant a third party ombudsman she can go to should she feel that there was any form of retaliation. In a recent case out of Florida, consistent with others around the country, the court ruled that the phrase "no employer may retaliate" applies to prospective employers as well. In the case of Bruner v GC-GW, Inc. [District Court of Appeals of Fl, First District, number 1DO3-3775(8/30/04)] an employee filed a Work Comp claim and was then discharged by a subsequent employer for being a Work Comp risk. The court held this to be actionable retaliation even though the underlying claim was not with that employer. The lesson here is to be very careful with employees who have filed previous claims of any nature, especially during the interviewing process. So, for example, if they did in fact file a work comp claim, the appropriate inquiry would be to determine if they are physically fit to do the current job given its expectations and to make sure they do not place themselves in a position were they can do physical harm to themselves or a third party. If you are further concerned, you can certainly have that employee go through a Fitness For Duty exam once a conditional job offer is made.
|
|
|
|
Cell Phone Policy Cell phones are an incredible communication tool. Challenge is they can be abused, cause safety concerns and be accompanied by rude behavior. Use this policy to set your standards.
|
|
The information presented here is general in nature and does not constitute legal advice. Due to local and state laws and ordinances, an individual article might not apply in every jurisdiction. For more information on the contents of this newsletter, please e-mail or give us a call. © Employer Advisors Network, Inc. 2008 |
Enforcement statistics indicate that retaliation claims have been among the fastest growing over recent years. Unfortunately, many an employer has turned a poor underlying claim into an excellent retaliation claim. For example, a woman makes a claim of sexual harassment as a result of hearing a less than flattering joke about women told by one male supervisor to another male supervisor. Unless the supervisors had a reason to believe she was standing nearby, there would be no actionable claim. But now, because she made the complaint, her supervisor begins treating her differently. Her next performance evaluation is poor and she is fired thereafter.
Many employers are unknowingly falling into the trap of thinking that they can fire an employee whenever they have three days of unexcused absence. For employers with more than 50 employees, subject to the Family Medical Leave Act, this may not be the case. If the employee is absent for a serious medical condition, which has prevented them from reasonable notifying you about their absence, they remain protected under the FMLA. HR That Works! users are encouraged to forward the Sample FMLA cover letter enclosing the Employee Request for FMLA form to the employees home, informing them that if they in fact have a serious medical condition, to let us know and fill out the form, and if the information is not received by a certain date, they will be terminated. Remember, the courts have ruled it is possible for an employee to claim that their 12 weeks of eligibility did not begin to run until after they were notified of their rights.