AR SHRM Announces 2013 HR Awards

Broderick Daniels

Broderick Daniels

 

Photo1AJimCorter

Jim Corter, SPHR

The Arkansas Society for Human Resource Management recently presented several prestigious awards at its annual conference held in Hot Springs.

Jim Corter, SPHR, of Jonesboro, Arkansas was named the Jim Wilkins Arkansas SHRM Lifetime Achievement. Jim has served as chapter President, the Arkansas SHRM State Conference Chair, ARSHRM’s Leadership Director and District Director. He was previously recognized as the Arkansas Human Resources Professional of the Year. A leader in his community and a member of his local Chamber of Commerce, Jim served as the HR manager for two Fortune 500 companies, and currently operates Corter Consulting.

Charles Frost, PHR

Charles Frost, PHR

The 2013 Arkansas HR Professional of the Year was awarded to Charles Frost, PHR, of Sherwood. Having served his chapter in a number of roles including President, Board Chair and Membership Vice-President, Charles was also previously named his chapter’s Professional of the Year. In addition, he has served on the state conference committee, and as the Arkansas SHRM Director of Communications and Awards. A graduate of the University of Arkansas, he served over 13 years in the United States Air Force including as a Squadron Section Commander, and is employed with North Little Rock Wastewater Utility as Human Resource Administrator. Charles is an ordained minister and serves as Senior Pastor in the 12th Episcopal District of the A.M.E. Church, and holds an honorary Doctorate of Divinity.

Thomas Dunlap, PHR, of Rogers, Arkansas was named the recipient of the Russell Gunter Legislative Advocacy Award. Currently, serving ARSHRM as the Director of Federal Legislative Affairs and represented ARSHRM at the SHRM Employment Law and Legislative Affairs conference, Thomas has communicated directly with Arkansas’ members of Congress and the Senate regarding issues of interest to the Human Resources Profession. Most recently, he researched, developed, coordinated and lobbied to establish Act 598 which provides for a voluntary veterans’ preference program for private employers. Currently, serving as the HR/Benefits Administrator for Benton County, Arkansas, he led the County’s worksite wellness initiative several years ago.

Thomas Dunlap, PHR

Thomas Dunlap, PHR

Tammy Barthel with SPMI

Tammy Barthel with SPMI

Southern Personnel Management, Inc. (SPMI), a family owned and operated Arkansas company in Van Buren, who realigned operations in multiple areas to have a positive impact in product recognition, customer service, daily task processing and internal process flow, was named the HR Best Practice. The SPMI staff developed the use of Quick Links to organize hyperlinks, allowing staff to efficiently located up-to-date checklists, forms, and procedural instructions and manuals. The Benefits Administration Department, Human Resource Department, and Retirement Plan Services all have fully realized Quick Links, providing these departments with centralized information and processes, rather than information scattered across the Company’s network.

Broderick Daniels, the Human Resource Director at Northwest Arkansas Newspapers in Fayetteville, received the J.C. Cote Scholarship. Broderick is a MBA student at Webster University, and is a longtime volunteer with the Arkansas SHRM association.

In addition, Arkansas SHRM provided appreciation awards to the eight 2013 chapter Presidents. More information about the organization’s awards can be found at www.ARSHRM.com.




AR SHRM Special Note from the Editor

 

Hello AR SHRM!

It is our pleasure to bring you this special issue exclusively about the 2013 AR SHRM Conference held in Hot Springs, AR from April 17-20 at the Austin Convention Hotel & Spa. Congratulations to this year’s Conference Committee on delivering an outstanding conference and on having the largest attendance ever! We hope you will enjoy the highlights from the Conference.

Not only are we bringing you photo highlights, we are also bringing you articles based on the top presentations from the Conference. Those of you who were unable to attend the conference will have the opportunity to read about the key topics from the conference. Even if you attended, it was impossible to make all the concurrent sessions, so this special issue is for you also. Please join me in thanking our sponsors who made it possible!

We are looking forward to seeing many of our AR SHRM friends at our Strategic Leadership for HR Executives Seminar in Little Rock on May 23. We are excited about bringing our quarterly leadership series to Little Rock! Rick Roderick, Director, with Cross, Gunter, Witherspoon & Galchus will be our Keynote Speaker. His topic will be on how to avoid claims of ADA violations from the EEOC and how to strategically handle ADA issues. I will also be speaking on how to use your EQ in strategic HR decision making. We will wrap up with a Wine & Cheese Reception where you can meet the speakers and get answers to your personal questions. Register today and join us there!

See you in Little Rock!

cynthia-handwritten




U.S. House of Representatives vote on the comp time bill, the Working Families Flexbility Act of 2013 (H.R. 1406) this week.

BREAKING NEWS

breaking newsThe U.S. House of Representatives will vote on the comp time bill, the Working Families Flexbility Act of 2013 (H.R. 1406) this week. We need your help! If you haven’t already done so, please e-mail your U.S. Representative and ask him or her to VOTE YES on the comp time bill.

(April 9, 2013) Representative Martha Roby (R-Ala.), introduced the Working Families Flexibility Act of 2013 (H.R. 1406) also known as the “comp time” bill. The proposal will remove a federal restriction on the private-sector and help Americans better address family and work needs. H.R. 1406 would permit private-sector employers to offer employees the choice of taking overtime in cash payments as they do currently or in the form of paid time off — or comp time.

BACKGROUND

The Fair Labor Standards Act (FLSA) of 1938 requires that hours of work by non-exempt employees beyond 40 hours in a seven-day period must be compensated at a rate of 1 ½ times the employee’s regular rate of pay. In 1978, Congress passed the Federal Employees Flexible and Compressed Work Schedules Act, which changed the FLSA to allow compensatory time for federal employees. In 1985, comp time was extended to include state and local agencies and their employees. H.R. 1406 would simply extend this important benefit to the private sector.

The Working Families Flexibility Act would amend the FLSA to allow private-sector employers to provide compensatory time to employees. Employees would have the choice of taking overtime in cash payments, as they do today, or in the form of paid time off from work. Just as with overtime payments, paid time off would accrue at a rate of 1 ½ hours for each hour of overtime worked. Employees would be able to accrue up to 160 hours of comp time per year, although an employer could choose to “cash out” the comp time after 80 hours after providing the employee with 30 days of notice. An employer would also be required to cash out any unused comp time at year’s end at the regular time and a half rate.

SHRM supports H.R. 1406 and we need your help! Please e-mail your U.S. Representative and ask him or her to vote “YES” for H.R. 1406 when the proposal goes to the House floor this week. Read SHRM’s position paper on the comp bill HERE.

PLEASE TAKE THIS ACTION

E-mail your Representative using SHRM’s HRVoice program, follow these steps:

1. Log onto the SHRM Advocacy Action Center by clicking HERE

2. Personalize your message with your own story

3. Include your home mailing address.

It is critical that Representatives hear from employers in their congressional districts. That’s why we are asking you – HR professionals, to e-mail your House members and express support for the comp time legislation.

For questions regarding compensatory time and the proposed comp time bill, contact Lisa Horn, SHRM’s Senior Government Affairs Advisor, at Lisa.Horn@shrm.org or 703-535-6352.




Better than Heroin: 5 Tips to Ignite Your Engagement

by Scott Carbonara

No, I’m not really going to extoll the virtues of illegal drugs, or outline how to fool a pre- or post-employment drug screening. But I do want to draw a parallel between extremely dangerous, addictive, and illegal narcotics like heroin and a most helpful, equally-addictive, and perfectly legal drug produced inside our bodies called endorphins. Endorphins are “happy chemicals” generated by our own internal pharmacy that creates a heightened state of well-being.

That means you don’t have to drive into a seedy neighborhood, risking getting shot, robbed, or arrested to get your “fix.” Nor do you have to risk losing your job. In fact, your organization, boss, peers, and employees might even like you better if you got your endorphins pumping a little more often. You spouse, significant other, children, siblings, parents, neighbors, and friends want you to let your endorphins flow, too. Let me go out on a limb and say outright that you will be happier with yourself if you learn how to release more happy chemicals.

Read on to learn about triggering perfectly legal “performance enhancing drugs” within your body and without leaving the comfort of your own home.

What Do Endorphins Have to Do with Engagement?

If you look at most definitions of engagement, they look a lot like happiness. As an HR leader, there’s a good chance you’re being tasked with spreading engagement throughout your company. But know this: You can’t give what you don’t first possess. If you want to increase the engagement of your organization, it’s starts now. And it starts with you.

I want to issue a challenge–one you can start today instead of waiting until New Year’s Eve: make this the year that you take time to feed your happiness. And in the event that you’re already the happiest person on Earth, do us all a favor and help those around you learn these lessons.

Wait! Before rolling your eyes and skipping to the next article, let me assure you that I’m not selling or smoking anything. Perhaps this seems overly simplistic and not relevant in a HR publication. But taking time to feed happiness is relevant, and not only for HR leaders and professionals. Why? Happy people are more successful in their professional and personal lives. They also live longer, get sick less often, and are more creative. If that’s not enough, happy people have more friends and experience more sense of connectivity with the world around them.

And, happy people spread engagement—a metric which those of you in HR know has a dollar sign attached.

If Being Happy Offers So Many Benefits, Why Are So Many People Utterly Miserable?

It’s a matter of focus. Did you know that attorneys are 3.6 times more likely to suffer a depressive episode than people in any other profession? It’s possible that the legal profession attracts people more prone to depression–but not probable. Wannabe lawyers are trained to be critical instead of compassionate, argumentative instead of agreeable, and they are trained to find flaws instead of make friend. It’s kind of hard to imagine that top attorneys can receive praise and cash bonuses for those traits in the courtroom and law practice, but somehow magically turn them off once they walk into their homes!

I am not telling you to avoid lawyers or change professions if you are one. I am asking you to shift your focus, whoever you are and whatever you do. If you wish to make this the year you discover your happy best, follow these few simple tips. And you already practice these, find a way to pass them on to your employees and family:

  1. Get Planning Something Positive.

Keep something positive within reach. Most of us can’t just pack up and go to Rome on holiday for a month. But can you plan a date night? A “guys’” or “girls’” night out with friends? A little weekend time on a hobby you miss? It’s not what you do that matters; rather, it’s that you have something positive on the calendar to get you through the tough hours. Research tells us that thinking about watching our favorite movie or television show can increase our endorphins by 27 percent. THINKING ABOUT IT, not even watching it. Anticipation is a powerful happiness tool.

  1. Get Moving.

In 2011, I had a crazy several month period when I was finishing writing a training program on employee engagement, moving from Illinois to North Carolina, consolidating my consulting practice with that of my new partner, and being challenged to submit another book proposal to my publisher. When I told my wife how crazy-busy I was, she said, “You should try running.”  I thought I misheard her. But no, she meant that in addition to the things on my plate, I should add a new demand: running. I thought she was crazy, and I told her so. But at the same time, I gave it a try. Guess what? She was right. Starting my day with a run got my heart and blood pumping, and my mind activated. And when I sat down to work, my focus was better. Once again, endorphins to the rescue. You don’t have to run a marathon to get the benefits. If you wish to SWITCH ON your brain, kick start your butt for a morning run, a fast walk, or a session at the gym. You’ll not only see the results in your body, but you’ll experience better mental clarity, too. In fact, research shows that depressed individuals who start exercising can feel the same benefits from individuals who take antidepressants.

  1. Get an Entourage.

The Greek word diatribo means “to rub off on.” The more two people spend time together, the more likely it is for them to “rub off on each other.” I remember in high school watching the movie Scarface starring Al Pacino. The movie is known for its extreme violence, but even more so for its frequent dropping of the f-bomb. After spending nearly three hours listening to that kind of language, my friend asked me on the way out of the movie, “You hungry?” I replied, “Yeah, let’s grab some f—ing food!” After sitting in a movie hearing the f-bomb 206 times (that’s once every 29 seconds!), it rubbed off on me. Be careful who—and what—you surround yourself with. They rub off on you. If you want to be the best in your profession, it’s likely that you’ve tapped into a couple of mentors to help show you the ropes and teach you things that you couldn’t learn as quickly on your own. Do the same thing with your friends and personal support group. Surround yourself with those who are positive and happy–those who focus on the beauty of the sunset instead of the pollution and forest fires that created it.

  1. Get Smiling.

Have you ever noticed that it’s hard to laugh when you’re angry? Now think about it like this: it’s hard to get grumpy when you’re laughing. Sounds simple, doesn’t it? But it’s powerful. From research, we know that humor and laughter increase longevity while helping people live happier lives. Good humor releases creativity, increases productivity, and increases energy while decreasing physical discomfort. It reduces stress, fear, embarrassment, and anger.When a person laughs, blood pressure decreases, heart rate and respiration increases, the body again releases endorphins, and depression declines.After a bout of heavy laughter, many report a prolonged euphoria that continues after the smile fades. A good belly-laugh during the day has a positive hangover effect, research showing that it leads to a better nights’ sleep and even into the next day.

  1. Get Giving.

Studies show that practicing acts of conscious kindness increases happiness and well-being. Something as little as holding the door open for a stranger, or paying for the food in the car behind you at the drive-thru, can shift your mood. It doesn’t seem to matter what you give as much as the fact that you are consciously, intentionally going out of your way to help another. Win-win. Not only does your act help someone else, but it also helps you. A couple of years ago, I raised money for St. Baldrick’s Foundation (which provides money for research for childhood cancers) by shaving my head for the cause. I would have been happy with meeting my fundraising goal. But it didn’t end there. A coworker’s 8-year-old daughter got involved, and she donated all of the money in her piggy bank: $40. The little girl named Carly that I dedicated my efforts to came to watch me get my head shaved. By that time, her leukemia was in remission! My son, Jack, also came, and shook his head at the sight of my bald head. But guess what he did next? He walked the St. Patrick’s Day parade route with me and collected money for St. Baldrick’s. Then, he signed up to shave his own head a week later, one day before his first-ever high school dance with a date. Paying it forward pays you back.

Let 2013 that you start making a small investment in behaviors that foster your well being and happiness. And even though I’m not hawking a product, this challenge comes with a guarantee: if you’re not happier after a few months of making your personal engagement and happiness a higher priority in your life, I’ll refund all of your misery back!




scott-carbonaraScott Carbonara is a speaker/trainer, author of 5 books including A Manager’s Guide to Employee Engagement, consultant, and executive coach specializing in leadership topics such as employee engagement, communications, change management, positive culture, and esteem. He recently spoke at AR SHRM. Connect with Scott or read his leadership blog at www.LeadershipTherapist.com or connect with him on LinkedIn at www.LinkedIn.com/in/ScottCarbonara

Actionable Intelligence

by C. W. Miller

For some the term actionable intelligence is totally foreign.  Others may recognize it from its original military context.  It was used as early as the 1960’s to represent a piece of intelligence that was considered current, relevant and accurate enough to warrant immediate action.

Recently, it occurred to me that this term has a new application in our workplace. In fact, it has relevance in any aspect of our lives where we may seek improvement. What we really need, is actionable intelligence on ourselves. We need feedback from others that is reliable enough to guide our personal improvement efforts.

The need for feedback

Some may wonder why they need feedback from others. “After all,” one may say, “I’m not getting any complaints.”

David Maister, author of Practice What You Preach, once offered an excellent response to this. “In life, the absence of complaints is not a dependable indicator of the absence of opportunities to improve.”  Complaints are a Form of feedback and the absence of them may actually be linked to our inability to obtain actionable intelligence.

You might be wondering why you can’t just trust your own judgment.  How good is your judgment?  It is easy to develop blind spots regarding your own performance. It is also very hard to know what you don’t know.  In some cases, you might even deceive yourself.

Illusions are an interesting aspect of life.  Some are perpetrated upon us while others are created totally within us.  Often, it’s hard to tell the difference.  As Anthony G. Greenwald put it “The ego is a self-justifying historian, which seeks only that information that agrees with it, rewrites history when it needs to, and does not even see the evidence that threatens it.”

Obtaining feedback

When looking at feedback, I like to consider four specific types.

There are two categories. One is general performance which involves things like physical ability, decision making and technical skill.  The other is interaction skill which relates to how we impact others and our level of emotional intelligence.

We also can consider the two aspects of feedback. We sometimes get positive feedback which we refer to as praise.  The there are times when we get feedback that leans a little more negative and is called criticism.

I have conducted a number of workshop exercises where I pair people up and ask them to get a piece of feedback in each of the four possible types.  In most cases, they find that positive feedback in the area of general performance is the easiest to give.  This same type stands out as the easiest to take.

By contrast, they find it very difficult to give criticism, especially in the area of human interaction.  Often I hear a comment such as “I don’t know them well enough to offer criticism.”  Why do we find it easy to offer praise to someone we don’t know but so much more difficult to give criticism?  In fact, it appears that this is often true even with those we know quite well.

Truth and Trust

In order for the intelligence to be actionable, it needs to be accurate.  We need to get the truth.  But given the difficulties we have discussed, how likely is it that we actually get the truth?  How often, when we are giving feedback, do we feel compelled to be somewhat less Than candid?

The number one reason for a lack of honesty in giving feedback is the lack of trust.  The biggest concern is how we will react.  When someone says they don’t want to hurt our feelings or make us angry, they do not trust our ability to take criticism without being hurt or getting angry.

Coupled with this lack of trust is fear.  People fear the potential consequences.  The consequences they fear could include excuses, arguments, guilt, rejection and even retribution.   The level of dishonesty is generally proportional to level of fear.

A common manifestation of this can be seen in a condition often referred to as CEO disease.  The higher one grows in their career and position of authority, the more they need accurate feedback and the less likely they are to get it.  I have also noted that this follows in many other relationships.  The more important the relationship is to the feedback provider, the more cautious they may be.

The good news is that there are things we can do to overcome these fears and build higher levels of trust.  It can be helpful to look at what might be causing the lack of trust.  Trust is tied to judgment and expectations which are driven by one’s personal paradigm.

One’s paradigms are subject to what I call “the rule of 6 and 60.”  Judgments and expectations are based on the sum total of life’s experiences.  This includes experiences of 6 minutes ago and 60 years ago.  These include experiences the person has had with us as well as those they have had with others.

For example, if someone has a long history of conflict when trying to be open, that person is less likely to be open with you.  Similarly, if you have a history of over reacting to feedback, those who have experienced it or heard about it are likely to be less honest when talking with you.  Even if historic experiences have been positive, a recent negative reaction can cause a person to be less than trustful, even though it may not have involved you.

Building Trust

Armed with this understanding, we can identify some areas where we might have an impact on the level of trust and consequently on the levels of honesty and openness.

It is important to start by building a reputation for being open to criticism.  If you suspect that your reputation is already tarnished, you may need to acknowledge your concern and desire to improve.  You can then begin to demonstrate your resolve in one-on-one discussions or in open forums.

Formal approaches tend to stifle honesty.  Whenever possible, seek feedback in less formal settings.  If a person seems reluctant, you might ask what that person has heard from others.  This will take the focus (and potential blame) away from that person.  Remember, you don’t need to ask for names, just information.

Sometimes you can put a person more at ease by starting with a self critique and asking for his or her opinion or advice.  Through a number of workshop exercises, we have noted that the more specific you can be with a feedback question or request, the more candid and helpful the response will be.

When actually receiving feedback it is important to focus on listening skills.  Listen to learn.  Don’t argue, defend or explain.  Try not to react to what you are hearing.  Think of it as gathering information to evaluate later.  This can be difficult.  I tell people to look at it like running a Google search on you.  In our work on emotional intelligence we point out that it is not about “not” having emotion; rather, it is about not allowing the emotion to have you.

You can continue the trust building process with what you do after receiving the feedback.  Thank them for their input.  You may not like what you hear, but you need to appreciate the effort to be open and honest.

Inform the person of any action you intend to take as a result of the feedback.  It is not necessary to act on everything you hear.  However, it may be a good idea to find something of value that you can act on.  This will show that you value the process.  Finally, be sure to follow up with the person over time to get a read on your progress.

Honest, but reliable?

Up to this point, everything I have discussed has been about working toward getting our feedback to be open and honest.  I feel this is the most difficult and important part of actionable intelligence.  We cannot even consider feedback unless we know it is honest.  Moreover, the trust building process is a significant step In itself.  Achieving a level of trust that allows open, honest communication is critical to all of our personal and working relationships.

So let’s assume we have reached this pinnacle and folks are giving us candid opinions regarding our general performance and interaction skill.  Before we can use the information for improvement, we need to know that it is actionable.  It may be an honest opinion and still be inaccurate.  How can we tell?

Some have said that a good indicator may be how well the feedback aligns with what we already know.  The potential problem with this line of thinking is that most of us are subject to confirmation bias.  We tend to seek information that validates the beliefs we already hold.  Jonathan Haidt speaks of this in his book, The Righteous Mind.  Studies have shown that those with the lowest performance also have the least accurate view of themselves.

The best validation is generally obtained by comparing information from multiple sources.  Opinions on general performance may vary from person to person and accuracy tends to improve with sample size.  But when evaluating interaction skill, an honest statement of how you impact an individual personally will always be accurate.

Now what?

The final consideration is what to do with the intelligence we have obtained when we determine it is “actionable.”  The answer to this lies in your initial purpose for seeking the information.  Are you seeking feedback or validation!   No one likes criticism.  But we all can benefit from indentifying opportunities for improvement. While it feels great, validation will never give us anything we can actually use to improve.

Analyze the information to determine what is most useful.  Then look at what can be most readily acted on at the current time and in your current state.  This completes the definition of actionable.

Use it or lose it.  If you choose not to act on the intelligence, let it go.  Dwelling on things you choose not to change will only undermine your self esteem.  This actually hinders growth and stifles improvement.

Only you can uncover the benefits of actionable intelligence.




#11PhotoCWMiller

 

C.W. Miller, President
cw@customtrainingconcepts.com
www.customtrainingconcepts.com

Lessons for Employers in a Facebook-Friendly World

http://hrprofessionalsmagazine.com/wp-content/uploads/2013/05/face-book-edit-wpcf_900x318.png

Savvy HR professionals know that social media is a rapidly developing area affecting employment law, and that any company handbooks or policies addressing social media usage must be carefully crafted and continuously updated to reflect ongoing changes. So, the question is: what can you do to help your company avoid potential liability when it comes to employees’ use of social media?

How Did We Get Here?

It is helpful to take a look back at the evolution of how various governmental agencies approach the issue of social media in the workplace, specifically the National Labor Relations Board (NLRB or Board). In late 2011, the Acting General Counsel for the NLRB issued its first memorandum discussing cases where the NLRB found that employers violated federal law by disciplining employees for postings on social media. Over the next few months, the Board issued two other memorandums discussing how employers’ social media policies could be overbroad and, thus, in violation of federal law. The NLRB has since issued multiple case decisions going even further by finding that policies requiring employees to be “courteous” on social media were too broad under the law. Remember: when we talk about the NLRB, we are talking to all private employers because the National Labor Relations Act (NLRA) applies to all employees regardless of whether there is a union at your workplace!

In September 2012, the NLRB issued its first decision on an employer’s social media policy, finding that Costco Wholesale Corporation’s policy violated the NLRA by restricting Costco employees from engaging in protected, concerted activity via social media. Under Section 8(a)(1), it is an unfair labor practice for an employer to “interfere with, restrain or coerce” employees in the exercise of their rights guaranteed in Section 7. Under Section 7, employees have the right to self-organize, to join unions and to engage in “other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” Employees do not have to work for a unionized employer to be protected by this provision.

Costco’s social media policy stated:

“Employees should be aware that statements posted electronically (such as to online message boards or discussion groups) that damage the company, defame any individual or damage any person’s reputation or violate the policies outlined in the Costco Employee Agreement, may be subject to discipline, up to and including termination of employment.”

The Board concluded that, because the policy failed to provide an exception for employee statements protected by Section 7, employees could assume that the policy restricted those rights. In other words, since the policy prohibited employees from making statements “that damage the company, defame any individual or damage any person’s reputation,” the Board ruled that the policy might keep Costco’s employees from certain concerted activity, such as protesting Costco’s treatment of employees.

This decision confirms what employers long feared: that the NLRB will blindly protect employees’ right to criticize their employers via social media. As mentioned above, the NLRB had hinted at this outcome with its three previous memorandums, all of which indicated the Board’s willingness to expand the definition of protected concerted activity to include social media.

It is worth noting that facing an investigation (and possible prosecution) by a federal agency can be very costly and damaging to a company’s brand. As the Costco case makes clear, a well-meaning, but broadly worded social media policy can lead to charges filed by the NLRB, even if no union is present at your workplace. Even more disconcerting is the fact that other agencies, such as the Equal Employment Opportunity Commission (EEOC) and the Department of Labor (DOL), have taken notice of the NLRB’s newfound relevance in the non-unionized workplace, and are also revamping their own initiatives to seek out any possible unlawful policies that infringe on employee rights in violation of Title VII, OSHA, etc.

At the 2012 American Bar Association’s Annual Labor and Employment Law Conference, the Acting General Counsel of the NLRB spoke on a panel discussing the special interest various federal and state agencies have taken in how social media is being used when it comes to workers’ rights and employer responsibilities. He noted that the two types of social media cases the NLRB has seen are: 1) discharge and discipline based on social media use and; 2) social media policies contained in employee handbooks.

Some interesting points about discipline and discharge cases, as discussed by the Acting General Counsel and other panelists at the conference, include:

  • The NLRB finds two-thirds of social media discharge cases to be without merit, which is the same rate as other types of cases.
  • Concerted activity can occur before, during or after the conversation (i.e., the Facebook post).
  • There is an Administrative Law Judge decision which found that a “Like” by an employee of a co-worker’s Facebook post about conditions of employment was enough to demonstrate concerted activity.
  • The NLRB has not had any unlawful surveillance of social media cases where a supervisor monitors an employee’s Facebook or Twitter accounts. The discharge and discipline cases have all started when a “Friend” of the employee gives the Facebook exchange to the company.

 

What’s New?

On April 22, Governor Beebe signed into law an act that will likely affect employers’ social media and employee policies across the state. Act 1480 prohibits an employer from requiring or requesting current or prospective employees to disclose their social media account usernames or passwords. A similar law, Act 998, applies to institutions of higher education. These laws mirror others being passed this year in state legislatures across the country. Several aspects of the new law will force employers to revisit their policies on the issue of employee-created social media accounts to make certain the policies are in compliance.

  • First, Act 1480 defines personal social media accounts as any electronic medium “where users may create, share, or view user-generated content.” This includes common social networking sites like Facebook, Twitter and LinkedIn, but also includes personal blogs or websites.
  • Second, Act 1480 not only prohibits an employer from requesting account information, but it also prohibits an employer from requiring, requesting or suggesting that an employee or prospective employee “friend” (connect with) a supervisor, or even another employee. In other words, an employer cannot suggest that any employees add a supervisor or co-worker to their list of associated social network contacts.
  • Finally, there are some key exceptions to the general prohibitions. The prohibition does not apply to company email accounts or to social media accounts an employer creates for business use. It also allows for employers to request an employee’s username and password when it is “reasonably believed to be relevant to a formal investigation or related proceeding” of possible violations of federal and state laws, or of the employer’s written policies.

Who Owns It?

Additionally, there continue to be legal disputes involving ownership of corporate social media accounts. Although many companies have social media policies, they often do not contain a discussion of ownership of business-related social media accounts, which can become an issue when employees leave. Take the case of PhoneDog Media and former employee Noah Kravitz. Kravitz started working for mobile device review website PhoneDog in 2006, and created the Company’s Twitter account to keep followers up-to-date on industry trends. When Kravitz left PhoneDog in 2010, he took “his” Twitter account, and the 17,000 followers he had amassed, with him.

PhoneDog filed a lawsuit against Kravitz in federal court, alleging that those followers were, in effect, a customer list and PhoneDog’s property. The Company asked Kravitz to pay $340,000: $2.50 per follower per month for 18 months. However, PhoneDog ultimately agreed in a settlement in December 2012, to provide Kravitz with custody of the corporate Twitter account, highlighting the need for companies to craft corporate policies as well as discuss ownership when an account is first created. Such policies should include the terms governing the account and access to passwords on corporate social media accounts. A carefully crafted policy could have saved PhoneDog two-year’s worth of legal fees and valuable time.

The simple fact is that existing laws do not take into account the ever-evolving integration of social media in the workplace, much less the combination of social media and mobile devices. Devices like iPhones, iPads, Androids and countless others have changed the way many companies do business. Specifically, companies by the thousands are now encouraging employees to “bring your own device” (BYOD) to work. The BYOD movement – as it is popularly known – has allowed employees to bring in their own personal devices for work-related use, and has provided businesses with many advantages. Employers can quickly take advantage of newer technologies, reduce costs, and promote employee engagement and collaboration. However, a company’s shift from company-provided to employee-owned consumer technology can have far-reaching legal implications involving various areas of employment law, including wage & hour, collective bargaining agreements, privacy and security concerns – many of which a company might not realize until it’s too late.

What Should We Do Now?

In light of rapidly developing case law on social media policies and the shifting nature of technology itself, you and your team should take the opportunity to review your company’s handbooks, policies and procedures. You may be surprised by some of the outdated provisions you have in place and, even if you never discipline an employee based on those provisions, you could already be in violation of federal law as defined by the NLRB and other agencies. So, the question is: how do you develop and maintain a sound social media policy?

First and foremost, seek advice from a qualified labor and employment attorney knowledgeable about this area of the law. Social media policies should be drafted to carefully insure against discrimination and harassment. Make clear that inappropriate, harassing, offensive, defamatory or discriminatory content in any electronic communication, whether personal or business-related, should be prohibited, provided that those statements or acts are outside of Section 7 protection. You may also consider prohibiting specific actions, such as sending, storing or accessing offensive materials. If your policy lists examples of such offensive materials, make sure that it is clear that the policy is not limited to just those listed examples.

Next, make sure that the policy addresses the issues that are relevant to your business operations, such as privacy rights, property rights, marketing and other critical areas. Establish regular reviews of written policies to ensure compliance with regulatory changes made by the NLRB, EEOC and DOL, among other government agencies. One regulatory decision can render your entire policy out-of-date or, even worse, unlawful. Finally, distribute, explain and obtain employee signatures acknowledging receipt and understanding of your company’s social media policies.

Conclusion: Silver Lining?

The NLRB has offered some limited guidance regarding the drafting of lawful social media policies. When the NLRB Acting General Counsel was asked directly why certain social media policies pass muster while so many other companies’ do not, he stated that lawful policies:

  • identify the legitimate business interests of the company, protect those interests and don’t go further;
  • acknowledge there could be legitimate criticism of working conditions;
  • have a very fact-based non-disparagement policy which does NOT prohibit disparaging supervisors; and
  • do not have a savings clause (a statement saying nothing herein limits your rights under Section 7 of the NLRA). The NLRB’s view is that a savings clause at the end of the policy will NOT correct an over-broad policy and should not be necessary if you write your policy correctly.

While no amount of language can ever guarantee that a social media policy will appease the NLRB, adhering to some basic guidelines should put your company in a positive position to defend itself in the event that your policy or procedures are called into question. In the ever-changing realm of social media, it is critical that employers and HR professionals stay ahead of the curve and avoid becoming a test case in legal battles that have yet to be fought.




facebook-authorsJ. Bruce Cross and Jess Sweere are Directors with Cross, Gunter, Witherspoon & Galchus, P.C.

Contact Bruce at bcross@cgwg.com and contact Jess at jsweere@cgwg.com.

www.cgwg.com

No Nonsense Retention

by Jeff Kortes

Many years ago I learned the key to employee retention.  Unfortunately, I didn’t know it at the time and it took me almost a decade before it became clear to me as to what really drives employee retention.  I was running around the track at the my high school as a mere sophomore in high school when I was approached by at the wrestling coach who asked how much I weighed.  I thought the guy was nuts!  Then he explained he needed someone to wrestle 98lbs. on the wrestling team and that I would be ideal.  The only problem was, I had never wrestled a day in my life.  That’s when I learned the key to employee retention.  The wrestling coach explained that he could teach me the fundamentals and that if I perfected the fundamentals I would be a successful wrestler.  It took me a bit of work but he was right.  Employee retention is the same.  It is about working the fundamentals and working them well.  Forget fancy strategies…focus on the fundamentals.

In 30 years of studying employee retention and practicing it as an HR professional and consultant, I have found that certain things are key to retaining your best people.  Like wrestling, it is a matter of grinding away at the fundamentals and perfecting how you execute them.  During those 30 years, I have identified eight key fundamentals that, if utilized, will improve employee retention.

Assess for Fit…Not Just Skills

All too often we are simply concerned with whether or not someone can perform Excel, work a particular type of machine, etc. yet “fit” is the most important factor in the success of a person on the job.  Assessing for fit is difficult even with solid interviewers asking the right questions.  For that reason, I recommend that organizations use psychometric testing instruments to assess personality.  The results of the assessments can then be combined with interview results and reference checks to get a very good feel for the type of person you are hiring and if they will “fit” into the organization.  This will significantly reduce the number of bad hires that add to increased turnover.

Caring, respect and recognition

As a whole people in the workforce feel under appreciated.  By demonstrating that you care about them and recognize that what they do add value, employees will feel a sense of camaraderie with the organization and be much less likely to leave.  Praise is at the heart of any recognition process.  If you are in and environment where leaders do not give praise when it is warranted, recognition will not be at the level it needs to be to retain talent.  Lastly, comes respect.  Respect in the workplace has diminished even as we talk more about it.  Respect is complex to say the least but a good first step for organizations to work on is to begin to observe the simple pleasantries such as “please”, “thank you,” and “your welcome.”

Money

Pay competitively or slightly better than competitively because the best people can go to organizations that pay better than the “average.”  It is also important to be “fair” in how you award increases.  “Fair” is not “equal.”  The bottom line is that the best performers must be paid more than the average performers or you will not keep them.

Fire Your Slugs

Slugs drive your best people crazy because they have to pick up the slack for them.  There is no reason to be carrying non-performers.  It serves no meaningful operational purpose and alienates the people you most want to keep…your best performers.  Seeing the slugs not performing day in and day out drives the best performers nuts, gets them angry and prompts them to start looking for new opportunities.

Communication

Communication drives trust and trust drives loyalty.  As an organization, communication must come from all levels of the organization and the organization must communicate in a variety of different ways.  E mail has begun to dominate how we communicate.  This has caused us to lose that face-to-face element that is critical to developing relationships and, thus trust.  E mail has its place as do departmental and company-wide meetings.  Different forums provide employees an opportunity to hear what is going on and express their concerns and ideas.  When you know people’s concerns, you know what you have to address in order to avoid having them become discontent and start looking for a new job.  Finally, share as much information as you possibly can so people feel a part of the organization and not just like a cog in the wheel.

Growth

Growth is valued more than anything.  People are not willing to come in and check their brains at the door.  They want to be learning, growing and taking on new challenges.  This is what keeps them energized and excited by what they are doing.  Organizations need to work with employees to guide them in their career and understand their aspirations.  When that occurs, employees will want to stay in an organization because they will see where they can go and how they fit in to the success of the organization.  That connection is what keeps them from considering other opportunities

Visibility

Get out of your office.  Interact with people.  Get to know your employees, what makes they tick and why they remain with the organization.  Visibility drives communication, communication drives trust, and trust drives loyalty.  We need to stop hiding in our offices and e mailing the people down the hall.  Get up and talk to them!  It’s amazing what you will find out and the rapport you will build.  That rapport will be invaluable in the retention process.

Quality of Leadership

75% if of people say the worst thing about their job is their boss.  That’s scary!  We need to work on the quality of our leaders because they drive all of the topics that were listed earlier.  Particular emphasis needs to be placed on first-line supervisors and managers because they have the most contact and impact on an employee’s day-to-day work life.  If they are trained and their conduct is appropriate, many of the problems we have with “bad bosses” disappears.  If you have a bad boss in the organization and they have the ability to perform well, the issue is one of motivation.  You have two choices at that point.  Tolerate their poor performance and see your employee turnover rise, or remove them from a leadership role.  Your choices are very simple.  If you do not deal with the issue, you are putting your employee retention in peril.

Retention isn’t hard.  We just fail to perform many of the fundamental activities that are essential to building relationships and understanding why some people leave and others stay.  If you perform the fundamentals well, you will be successful in retaining your best people.  I figured that out years ago when I was a high school wrestler.  Whether it is wrestling, quality, operations or employee retention the key to success is to Forget fancy strategies…focus on the fundamentals.




jeff-cortesJeff runs his own company, Human Asset Management LLC, which helps organizations to recruit, retain and develop their best people.  He is a member of the National Speakers Association (NSA) and a frequent speaker on the topic of retention and recruitment to human resources departments, associations and business groups.  Jeff is the author of Employee Retention Fundamentals…No Nonsense Strategies to Retain Your Best People and Welcome to Dodge…Tales from the Frontiers of Business. For more information visit http://www.jeffkortes.com and follow Jeff on Twitter @nononsenseguy

Accelerating Peak Performance

by Don MacPherson

Every six months, Modern Survey goes out to a random sample of full-time, adult US workers to learn how they feel about their relationship with their managers, pay and benefits, senior leadership, and their organizations. We want to learn how “engaged” people are and what motivates them. The latest survey was conducted in early March and the results have been compiled. The good news is…we have a lot of room for improvement.

The sample survey went to 1,000 people and nearly a third of them – 32% – can be categorized as disengaged. Another 36% are under engaged. Just one in ten employees is considered fully engaged and the remaining 22% are moderately engaged. When employees are less than fully engaged they aren’t able to perform at their highest level. Consider the performance potential that is lost when a third of employees, the disengaged, are consistently bringing minimal effort to work and another third, the under engaged, perform adequately at best. That is two-thirds of your organization mailing it in and leaving the heavy lifting to the final third.

#6graph1

Imagine if only your car’s engine performed this poorly. You probably wouldn’t get to where you want to go or if you did, it would be painfully slow. This is what is happening at our organizations. Those who aren’t engaged put the brakes on our ability to establish the traction for us to reach our collective organizational goals. Without question, organizations that can engage their employees will perform better than organizations that don’t.

The logical next step is to educate employees, all of them, what engagement is and who is responsible for it. Modern Survey’s recent study found out that just 49% of all employees understand the concept of employee engagement. Among leaders with direct reports, shockingly only 63% said they know what engagement is.

#6graph2

Leaders need to learn the concept of engagement and what the drivers are. The drivers have changed dramatically since the recession. Pre-recession, the top employee engagement driver was “recognition”. Now, the top driver is “belief in senior leadership”. After more than four years of economic uncertainty, employees desire safety and security more than ever.

#6graph3

If your leaders don’t have this understanding, it will remain a mystery how they can engage your employees. They will have the tendency to throw money at the morale, motivation, and engagement problems. To close the gap between current performance and performance potential, educate all your employees about what engagement is and how to drive it. It is the tune up too many organizations need.

To learn more about this study and to schedule a call to review the results for your industry, email ask@modernsurvey.com.




don-macphersonDon MacPherson

dmacpherson@modernsurvey.com

Modern Survey

www.modernsurvey.com

How to Maximize Human Capital ROI

by Richard J. Atkins

What’s Good For the Goose (Is Not Always Good For the Gander)

Most leaders in industry have realized that employees are productive in different ways. Some work better in the morning, whereas others “come to life” at other times during the day. There are those who achieve best when they’re given very clear-cut direction, yet the opposite perception may see this as “micro-managing.” The questions about different productivity styles can go on – to achieve maximum productivity, does this person need authority present or nearby? Is a team setting right, or would working alone be better? These two employees disagree about bright and low light – which is better for them?

“Clearly, my staff members prefer different things that make them more productive. How can I find out more?”

According to research, how we learn and are productive is 65% biological and 35% behavior-based. Basically, our unique productivity styles are very much ‘hard-wired’. If we can understand how individuals and groups produce, then companies and managers can adjust their strategic approach to maximize productivity and learning.

Productivity Styles

In April, one of the Arkansas SHRM State Conference’s strategic presentations, by Dr. Richard Atkins of Improving Communications in New York, offered a wealth of information about what employees need to be (more) productive. He talked about individual organizational productivity styles – how we work as well as how we process, absorb and retain new and different information. Attendees of the session were able to gain awareness of Learning & Productivity Styles as a vehicle for maximizing on-the-job performance. Also, they discovered ways to identify and capitalize on diversity of styles (complementary and opposing). This leads to understanding the BE Assessment as a tool for increasing productivity.

Atkins ensures that each participant in the Improving Communications Leadership & Management Development training completes the Building Excellence Profile. BE is a web-based online learning-style assessment for people in business. It identifies elements that may affect, positively or negatively, how each individual achieves and performs in work-based learning environments. These variables affect the way in which individuals concentrate, make decisions, solve problems, process information, approach and complete tasks, retain new and complex information, develop new skills, and interact with others.

Results, Results, Results

Using the Building Excellence Profile allows leaders and staff to understand themselves better, and develop a greater appreciation for the learning/productivity diversity within the organization. BE gives a comprehensive picture of unique learning/productivity strengths and preferences. This knowledge is used to develop individualized solutions and concrete action plans to improve learning and performance.
The BE Survey results in a comprehensive Learning and Productivity Style (LPS) Profile. From it, respondents get invaluable insights about their learning strengths and productivity preferences useful in developing individualized solutions and concrete action plans to improve learning and performance. By using the BE for companies and teams, staff and leaders develop new ways to embrace learning as a lifelong endeavor, assess individual learning needs, respectfully advocate for learning and productivity preferences, develop self-leadership skills, and become accountable and responsible.

The Building Excellence Survey, based on the Dunn & Dunn Learning Styles Mode, covers 28 variables within 6 categories:

  • Perceptual Elements—how we learn and retain new knowledge (auditory, visual, tactile and/or kinesthetic, and verbal).
  • Psychological Elements—how we process new information and for making decisions/solving problems (analytic/global, reflective/impulsive).
  • Environmental Elements—how the work environment contributes to or detracts from productivity (sound or quiet, bright or low light, warm or cool temperature, informal or formal seating).
  • Physiological Elements—how we remain energized and stay alert at work (time of day, intake, and mobility).
  • Emotional Elements—how quickly we complete challenging and complex tasks(internal or external motivation, single or multiple task persistence, more or less conformity, and more or less structure).
  • Sociological Elements—how we prefer to work and interact effectively with others(alone/pair/ small or large group, more or less authority, more or less variety).

Reports can show individual results and recommended strategies, and individual results can also be combined into a group report.

Focus on any one of these elements (especially one that you felt strongly about when you saw it above). When you are working, and that element is accommodated, according to your productivity style, it means that you will get more done! What would happen if many of these elements are accommodated? It always means greater productivity and getting more done. To see how these variables are applicable to typical workplace scenarios is quite easy actually.

Example #1 – Perceptual Elements

It’s easy to think about people at work who, when sent an email about a procedure to be followed, underperform. That same employee, however, when offered the opportunity to learn about something in a hands-on training session, may internalize the information much more. Are we dealing with someone who is auditory, or even tactile or kinesthetic? Certainly, delivering information in writing is not the way to go. Remember, that this is one individual. Her/his colleagues will have different strengths.

Example #2 – Psychological Elements

There are analytic processors, and there are global processors. A global wants to see the big picture first. From that s/he will determine the right steps to get to the result. On the other hand, an analytic will want to know all the steps first. That person will want guidelines and directions. (We all know people like these, don’t we?) Failure to understand style can lead to tremendous consequences for both of these types. For instance, if a global manager gives the analytic junior a big-picture concept and says “Just get us there,” the perception of “He doesn’t care” can be assumed. Conversely, the analytic manager who provides all the steps for work to be completed can be perceived as the micro-manager.

Example #3 – Environmental Elements

“To work well, I need low light, no music or background sound, and an easy chair leaned back as far as possible.” For some people at work, this would be a deal-breaker. Different people need specific elements present in their environments to get the most out of their work day. Whether it’s a formal work setting (like a desk and chair, instead of a couch), bright light, or silence, these factors have a quantifiable (and research-supported) effect on employee productivity.

Example #4 – Physiological Elements

Your finance manger is a morning person. Therefore, all her staff are morning people as well, right? Not necessarily. People are productive at different times of the day. Maybe they snack while working. Maybe they don’t. Most of us have seen the person who, while on a call, needs to be walking around the office when speaking on that phone. That one requires mobility when doing something challenging. The need for intake or mobility differs from person to person and will affect how productive s/he is.

Example #5 – Emotional Elements

What motivates us to work, and work harder – is it ourselves, or is it encouragement from an outsider? Certainly, this will impact how much a junior accomplishes. When staff members work, they complete projects with or without taking breaks – and this depends on their preference. They may work on many things over a period of time, or simply concentrate on one thing until it is completed and then move on to the next item. Most of us can easily identify the “non-conformist” in the office. His opposite is the rule-follower. Both types are beneficial to a work environment.

Example #6 – Sociological Elements

When it comes to work, would we rather work alone or in a group? Does it help or hurt to have authority figures present? Do I want variety in my work, or predictability? None of these preferences is better than another. It’s just the way people are productive.

Implications For the Workplace

Employees that understand their own productivity style stand a much better chance of being sympathetic to those who have opposing styles. In a very real sense, it’s very much like a diversity training. Staff members understand that they have one way of doing things, while others do things differently. Neither is “bad,” it’s just the way different people accomplish things.

As far as using the Building Excellence profile as a staff efficiency tool, it is priceless. Assembling teams, pairing employees, scheduling, determining appropriate work assignments, and even determining what employees are and are not allowed to do during the workday, based on their individual productivity preferences, will go a long way in ensuring that your staff is doing their best, and enjoying their work.





rich-atkins1Dr. Richard J. Atkins is the Managing Director of Improving Communications, a New York-based corporate training firm that provides Business Writing, Public Speaking, Customer Service, Leadership Development, and U-Based® Sales training for individuals or groups. In addition, Improving Communications offers dynamic and engaging Speaker Services for your events.