If the current state of our workforce is an indicator of how well equipped we are to respond to the difficult challenges of an economic downturn, then, we have some work to do.

The Conference Board recently reported that U.S. job satisfaction is at its lowest level since they began tracking two decades ago[i]. Talent Management magazine[ii] reports that research generally finds that 75 percent of employees in organizations are not engaged in their jobs, and of this group, some 15 to 20 percent are “so disconnected they work against the organization’s interests.” And this state of affairs is not confined to any particular group. According to TM, Research by Manfred F.R. Kets de Vries at INSEAD finds this disconnect in the executive suites as well.

And we are talking about people who actually have jobs! 

We know we are in trouble, but are we aware of how our management model impacts the ability of the organization to regroup, rebound and reconnect people to the core mission?  

Yesterday I participated in a webinar sponsored by Orgdyne (www.orgdyne.com) and led by Dean  Robb, PhD, of the Center for Corporate Renewal[iii]. The topic was organization renewal, or the way in which organizations can continue to build and renew through periods of difficult challenges. One of the key points of the presentation delineated the differences between linear and the cyclical models of growth which impacts the way management responds to challenges from the environment.

In a linear model, management envisions a straight path of growth. The model supports “capturing” and institutionalizing what works.  As the organization matures the focus shifts to preserving structures and processes to support a steady path forward. Unfortunately, this mental model is not only unrealistic, but has many hidden traps, one of which is that any deviations from this straight path caused by difficult challenges are viewed as threats and the typical management response is to hunker down and “protect the castle”.  

The cyclical model differs in that the path forward looks more like a series of loops that move the organization back and forth between performance plateaus and adaptive periods where performance dips to re-adjust and re-organize structures and processes to meet shifting demands. It resembles the natural flow of life where we encounter mini cycles of birth, death and rebirth in marriage, jobs and family relationships. We have our peaks, but also valleys in which, ideally, we discern the way forward.

You will know if your organization is working from a linear model because you will feel the tension from the “survivor” or “defender” mode.  As Dr. Robb says, the castle defends its position, erects walls, and this has the effect of disconnecting the organization from the challenges it must face. People are less engaged and connected when they are required to “freeze” their creative, innovative side to conform to a rigid structure imposed on them. Think of the strategy the Chinese used when fighting Ghenghis Khan. Rather than adapt new strategies to overcome a mighty foe, they were forced to build bigger and bigger walls and moats and each time Ghenghis cleverly found ways to penetrate them.

If your organization is working from a cyclical model, you will notice a sense of urgency and focus around task and purpose in order to spur the community to innovate, pull together, and give one’s best to navigate out of the woods. People are more engaged and connected because they are part of a community around which processes and structure are built.  Think of the classic movie Zulu, the account of the 1879 Battle of Rorke’s Drift, when 3000 Zulu descend on 119 Englishmen. Not only does every person in the community give his best, innovate and rise to meet the challenge, the final respect shown by the Zulus to the victorious English, as illustrated in the movie, confirms the wisdom of innovating and imagining new possibilities, instead of giving up. It also shines light on the courage and character of those who respect their enemy even in the face of defeat.

Whether it is our personal spheres, or our work spheres, once we identify the ways in which we impose linear models on our organizations, how do we begin to work from a more cyclical model?  ln the coming days, I will be writing about some of my experiences with using group process and management coaching to shift organization thinking. Supporting strategies include the development of competency models to expand personal repertoires, employee engagement tools to create feedback, and process improvement tools to connect people to their work. 

I am most interested to hear what works for others and hope we can learn from one another.

[ii] The Science of Engagement, Talent Management Magazine, February 2010, www.talentmgt.com

[iii] CtrForCorporateRenewal.com

In my recent newsletter I reported that the Civil Rights Division of the Department of Justice issued a report to a House Subcommittee on December 3, 2009 outlining a number of efforts to renew enforcement efforts in the area of Title VII and Disability Rights. Here are two excerpts from that report that have particular relevance to public sector.  I will continue to follow the reports and activities from this department and keep you informed.

Title VII

Restoring vigorous enforcement of Title VII, including pattern and practice cases, is one of our highest priorities. Since January 20th, we have filed three Title VII pattern or practice suits, obtained settlements in five pattern or practice cases that provided significant prospective and remedial relief, and opened ten full pattern or practice investigations of State and local governmental employers with respect to employment opportunities for African Americans, Latinos and women. Also, in July, we obtained a highly significant victory in U.S. v. City of New York, NY, when the district court granted summary judgment for the United States and plaintiffs-intervenors on the issue of liability. In the City of New York case, we challenged the city’s use of two written examinations for entry-level firefighters as having unlawful disparate impact on African Americans and Latinos. In the relief phase, we are seeking, among other things, priority hiring and monetary relief for nearly 300 African-American and Hispanic victims of the challenged examinations.

 Disability Rights

 The Division’s Disability Rights Section has been conducting a wide range of enforcement activities, including its Project Civic Access to increase compliance by State and local governments with Title II of the Americans with Disabilities Act of 1990 (ADA). The Project sends investigators, architects and attorneys to conduct on-site reviews of State and local government facilities. These reviews have resulted in agreements reached with the State and local government entities to address compliance issues by rectifying access issues at a wide range of facilities, including administrative buildings, courthouses, police and fire stations and jails, transportation facilities, parks and recreation facilities, libraries, museums, polling places, and emergency and domestic violence shelters.

 From, a sub-committee report by the Department of Justice “THE CIVIL RIGHTS DIVISION OF THE DEPARTMENT OF JUSTICE”PRESENTED DECEMBER 3, 2009  

 Timken Company Sued by EEOC for Disability and Sex Discrimination

On another but related front, the EEOC has recently decided to file a lawsuit against Timken, a global manufacturer, for discrimination against a woman with a disabled child. This is a reminder to all that complaints may be filed because of a person’s association with a disabled person.

In the press release issued by the EEOC, Tina Burnside, supervisory trial attorney in the EEOC’s Charlotte District Office stated:

Under the ADA and Title VII, employers cannot make employment decisions based on stereo­typical assumptions that a female employee with a disabled child would have to miss  work or could not perform the job because the employee provides care for a  disabled person.

The take home lesson here is to the same as always, develop job descriptions and clear hiring standards, be consistent and objective in your selection practices. Steer clear of questions that invite disclosure of information that is irrelevant to performance of the job. If a candidate offers information without prompting, do not tarry, but re-focus the discussion on job-related matters.

POLICY ON RELATIONSHIPS IN THE WORKPLACE

Organizations vary in  the way they set policy around dating relationships dependent upon the size of the organization and the design of the work. However, for most employers, especially smaller size organizations, this is an important issue that is frequently overlooked in personnel policies. One potential problem is the relationship gone bad scenario which results in lingering resentments which lead to more insidious workplace problems, not least of which is the potential for harassment complaints. Another serious issue is the fall-out from two people who marry and continue working together which is not only bad for department morale but sets the stage for a whole host of conflicts within reporting structures.

Recently, I helped a client arrive at a policy that was minimal in nature, but sufficient to address the most serious aspects of this issue. Here is what we came up with:

Romantic relationships between employees in the same work unit, while not prohibited, may not interfere with the department business, and employees will be disciplined for any disruption to the workplace caused as a result of the relationship. Furthermore, if two employees enter into marriage, subsequent to being employed in the same work unit, one of the persons affected must give up his or her position no later than 6 months from the date of their announced engagement.  Within 30 days after the employees announce their intentions to marry, both employees must inform (in writing) the manager to whom the unit in which he or she is employed reports that they intend to marry and must state which of the affected persons will relinquish his or her position. Should the written notification fail to specify which of the affected persons will give up his or her position, it will be assumed that the party with the least seniority (length of continuous service from the last date of hire) will relinquish his or her position.  The person giving up his or her position may be re-employed in another department, subject to the needs of organization. 

 Any thoughts on this from your neck of the woods?

As we begin 2010, most of us are feeling the burden of greater demands at work while at the same time we are less hopeful about improving our compensation package. Many of us are in the difficult position of recommending pay policies that will not be favorably received. What can we do? Stay informed, be as consistent and objective as possible, and look for new ways to motivate and inspire workers.

Does anyone else remember 1983 when the unemployment rate was 10.2%? The rate today has not been seen since 1983. At the time I was a recent college graduate, so my job career began with high unemployment as the “norm”.  I took a job that paid well below what others were paid that were hired only a few years ahead of me. Sometimes I don’t think I ever really recovered and perhaps this experience contributed to my preference for working as an independent consultant.  Experts say graduates today will likely lag behind others in their compensation for years to come.  They will also be more likely to become entrepreneurs. So today, I bring you some resources to keep you up-to-date about compensation issues and wish you much perseverance and steadiness as you traverse the road ahead.

Salary Budget Increases are Less Than Anticipated

The compensation professionals’ main go-to place for salary budget information is the World At Work, and they have recently updated their annual salary budget report. According to their most recent research, actual salary budgets have decreased from 2.8% (anticipated) to 2.5% for 2010.  Employers are continuing to conservative in their outlook and this is influencing pay policy and rewards.  

Some of the ways that employers are motivating their workforce is to increase training and career development opportunities, non-cash rewards (such as recognition programs), flexibility in leave and other benefit programs, monetary rewards for high performers and other high demand employees.

1.4% Increase in Civilian and Military Pay Proposed for Federal Budget

The President’s budget is proposing a modest increase in pay for civilian and military workers for 2011. This follows a 2% increase for Civilians and a 3.4% for Military in 2010.  Although it is early in budget discussions, this suggests a fairly hard line. Read more here

Where do you go for fast compensation data on the market?

Although an in-house custom compensation survey is ideal if you have the time to conduct one, sometimes you need data on only one position, or you need market information fast. If you want to know where compensation professionals go to get up-to-date market data, check out these three sites.  All three are fairly easy to use, but each has different strengths.

1. My colleague in executive compensation recommended www.Salary.com  and I have to agree that the customer support was very good with this company. They provide the smaller organization with the option of purchasing database for a smaller period of time, for instance, a month instead of six months or a year.
2. In the past, I have also used www.payscale.com. The database is user friendly, but I found it to be more expensive and it required a longer subscription period. Here is a sample report on City Manager’s pay: City Manager Pay
3. Another site that I have introduced to clients and they have gone on to use quite successfully on their own, is the Economic Research Institute, at www.erieri.com .  This site is worth visiting even if you don’t subscribe as it contains a plethora of current economic data that is critical when making compensation decisions, such as a cost of living index and an index on changes in salary structures. It is a fairly expensive service but rigorous and once you establish a report and data template (which a consultant can help you with) it is extremely easy to use and can provide excellent real time pay data.

When do you need to hire a compensation consultant?

As a general rule, a consultant is best when you don’t have the time or the in-house expertise to get the job done.  Even if you can access and understand the compensation databases on-line, the learning curve is fairly steep and requires intensive focus to create meaningful interpretations of data.  If you would like to develop these skills in-house, it is a good idea to hire a consultant who will help you train an in-house staff person on the use of compensation databases.

If you focus on transferring skills in house, a consultant can save you money in the long run. If your need is to produce a compensation study, but the ongoing compensation skills are not essential to the organization, then the consultant can save you money in the short run.

Will our country be able to create enough jobs to meet the rising number of people looking for work?  

One of my colleagues in human resources turned me on to an interesting article which examines how long this downturn is likely to last. This is a critical question for business but from an HR perspective requires foresight and thought about future pay strategies.

Hans Wagner, in the Case for Jobless Growth, writes:

The U.S economy is facing a huge challenge to create enough jobs to overcome the unemployment problem that currently exists. If we take the best four years since 1999, the economy generated 8.9 million jobs, slightly over half of what is needed to reach a 5% unemployment rate. If the economy achieves this level of job growth, the unemployment rate will remain over 10% until 2014. The does not count any change in the number of discouraged workers or workers working part time.

Hans points out that within the growth sectors, employers will need employees with higher levels of education and skill, so the challenges for HR in managing increasingly disparate pay levels will be great. Also, it follows that if pay growth is slowed for the less skilled labor force, employers will likely see more union activity.

So thank you Mark for this article reference and here is the link if readers would like to read more.  

Coming up….in my next blog post I will address testing and selection tools used for hiring. Although they can be extremely valuable, employers need to carefully consider how and why they use these tools.  One recent article, in particular, points out why this a matter of urgency. Read ahead and stay informed on this re-emerging issue.

Civil Rights Division Announces Plan to Target Public Employers

Employee Engagement + Labor Relations

It is not unusual to hear managers say that employee engagement is important to their organization culture, and in the next breath offer a caveat – except for the bargaining unit. The sour tone of labor negotiations has either made management and labor want nothing to do with each other, or, the history of the relationship is simply viewed as “beyond hope”. 

In this newsletter, I will briefly look at the roots of the meaning of employee engagement and labor negotiations and propose that they, in fact, can and should intersect. Understanding how they interface within the organization can lead to meaningful and important changes in your management approach.

At root, “engagement” is about a relationship that is built on a germ of trust and respect.  Engagement has many shades of meaning, depending on the context. Even in war, we are “engaged”, but in every case, when we are engaged, we bring something of ourselves to the fore; we make a commitment, by word or deed. 

“Negotiation”, on the other hand, involves discussion intended to produce agreement, or a coming to terms. Negotiation also has multiple meanings. The word “negotiation” is from the Latin expression, “negotiatus”, past participle of negotiare which means “to carry on business”. When we negotiate, we attempt to dialogue, resolve disputes, produce an agreement, bargain for advantage and satisfy interests. 

Can we say, then, that engagement and negotiation are compatible terms? And by extension, that employee engagement and labor negotiations can intersect, or cross over in a meaningful way?

If we encourage a culture of employee engagement, can we also toe the hard line at the negotiation table? If we treat these two ideas as incompatible, and operate with two different sets of values, we are likely to produce an uneasy, uncomfortable work place.  And this can lead to dissatisfaction.

So it is important that we get this right. One way to do this is to build a common framework for these two types of engagement. But first, we should examine where re-construction is necessary. If we are going to build a common framework, we will need common ground.

Here are two sets of definitions that are specific to our discussion:

Employee Engagement[i]

• Measures of EE can be synonymous with measures of job satisfaction, including organizational commitment, psychological empowerment and job involvement. 
•  An engaged person is often described by some combination of the following words:
•  Enthusiastic, passionate, committed, willing to invest in the organization, pro-active, persistent, consistent, attentive, alert, inspired, proud, determined, strong and active.
• An engaged employee goes beyond what is typical or ordinarily expected and gives attention to a wider range of tasks than is typical or usual, and displays a positive emotional state directed toward the organization.[ii]

Labor Relations:

• At root, LR is the exchange of positions, demands or arguments on behalf of a group of employees. 
•  LR includes advocacy on behalf of a group to obtain the most favorable outcomes.
• Traditionally in LR the “adversarial” winner takes all; but more recently understood as “mutual gains” or mutual problem solving.[iii]
• Progressive LR models encompass creativity, dialogue and investment in personal relationships to extend mutual understanding of what is at stake.

 It appears from this set of definitions, that if employee engagement is the aim of an organization, it follows that some form of progressive model of labor negotiations will be essential if it is going to “cohabit” within the same workplace.  Both the union and the employer must look at the framework from which they currently operate, and achieve some understanding as to how that will need to change for mutual benefit.

If you have a traditional top down hierarchy in your organization, you are more likely to have a confrontational, adversarial relationship with your union in response to that environment. [iv]

This is true primarily because in a traditional framework, employees are dependent on their supervisors and managers to tell them what to do and solve their problems. The underlying assumption in the workplace is that employee interests are separate from that of management.

A different framework can be found in a model in which the workplace is viewed as an interdependent community, organized around a common purpose of providing a set of services or programs or products, to a set of stakeholders, with a distinct set of needs, economic and otherwise.[v]   If both management and labor perceive the benefits of working toward a common purpose, and are both willing to alter the prevailing assumption that labor and management lack common interests, then a labor-management partnership might be a viable option.

However, labor negotiations, typically, is not the place where mutual in-depth exploration of underlying problems and solutions will take place. The relationship at the table must reflect work that has gone on behind the scenes in some form of a labor management partnership. 

Within this new framework, the community must first be guided by a common purpose and a common set of values. This must include a recognition of and commitment to the needs of all stakeholders, internal and external. Labor and management must be seen as part of the same interrelated system. Learning and growth will propel and sustain a culture of employee engagement. A dynamic work environment will have feedback loops so that people know “how they are doing” and will be able to measure progress. Creative energy will be released through collaborative work on problem-solving. 

Finally, the rules, boundaries and parameters of the labor negotiation process must be clearly communicated and perceived as fair, even if separate and apart from the normal day to day interactions. In this context, values do not need to be altered, even if the rules have changed and even if it requires being “tough” or toeing the hard line. Bargaining is another aspect of the engagement relationship, and if each side feels a sense of urgency to resolve matters for the whole of the community, the adversarial spirit will be less likely to arise. On the other hand, trust and respect do not exclude being tough. The hard work of negotiation will not be the center point of management labor relationship, but rather, the continuation of sustained efforts to achieve meaningful results.

[ii] In “A Historical Perspective of Employee Engagement: An Emerging Definition”, Michael Bradley Shuck and Karen K. Wollard, Oct 2009

[iii] Getting to Yes, Roger Fisher and William Ury, 1981, Revised 1991.

[iv] Bodine, Neil. “Rethinking the Workplace”. Center for Collaborative Solutions. www.CCSCenter.org

[v] ibid

The primary motivation for this article is my quest to help clients achieve better employee engagement in the face of labor negotiations that can sour management employee relations. Although labor management partnerships (LMP’s) are separate from the collective bargaining process, they are instrumental in building relationships and mutual understanding of the challenges facing the organization.

As I sat down recently to write an article about an employee health care committee that has successfully reduced health care costs, in a union environment, I decided I first needed to know more about the state of labor management partnerships today. Just how unusual is it to find a workplace where unionized workers are willing to participate in a committee with a goal to bring down health care costs?  Certainly, many of my clients would look at me askew, or at least a bit skeptical if I suggested this was possible. But I propose it is quite possible if the intention is to engage employees in mutual problem solving and workplace improvement.

But, where does one begin?

According to Daniel O’Meara and Adam Taliaferro[i] 

The goal of an LMP is to bring employees, managers and union officials together to make full use of each group’s and each individual’s knowledge. An LMP properly created can eliminate waste, improve service or quality of care and improve profitability. Employees, who do the job every day, are able to offer novel resolutions to the problems at hand, allowing managers to move away from directing how work is done and into coaching and mentoring roles.

First, it is good to know what has worked and how a committee or partnership might look.  My recollection of working in the field of labor relations in the 80’s was that labor management partnerships flourished. Today, it appears that formal partnerships are less prevalent. Although, in the mid-1990’s, President Clinton gave an executive order for labor management partnership initiatives, the labor community has expressed mixed views on whether these initiatives were good for labor. Another chilling effect on labor management partnerships came with an NLRB ruling in 2001 that found that, well, not ALL labor management committees are illegal, but many are.  The ruling, in effect, stated that employers and employees must not engage in anything that looks like bargaining when they are holding labor management committee meetings.  More on that here.

Today, one clear example of a thriving LMP can be found in the health care community. Kaiser Permanente has the largest and most comprehensive labor management partnership in the country, and displays their ambitious efforts on-line for others to learn from.  But on balance, the references to LMPs are few and the signs are not encouraging. If one is searching for information about how to move in a constructive direction toward labor management cooperation, I can suggest a few helpful resources I relied upon for this blog post:

Labor Management Solutions

http://www.labormanagementsolutions.org/Resources

Federal Mediation and Conciliation Service

http://www.fmcs.gov/internet/categoryList.asp?categoryID=57

Article by Daniel O’Meara and Adam Taliaferro, of Montgomery McCracken Walker and Rhoads, Six Steps to an Effective Labor Management Partnership

CorpCounsel.com

http://www.law.com/jsp/cc/PubArticleCC.jsp?id=1202433126509

Labor management partnerships require both labor and management groups to adopt practices of openness and disclosure. The challenge is to create mutual understanding of the links between financial information and performance.  This relates back to the point raised in the previous article about creating feedback loops. Reports, with meaningful data that can be understood by all, can be a vehicle for an effective feedback loop. It can measure progress and create a common framework for understanding how the organization is doing.

Finally, employees may have to take the initiative to affect change in their union ranks in order to bring about changes that are necessary to support a labor management partnership. Management must stay the course and not interfere with employees as they work through the changes needed for their bargaining unit.

O’Meara and Taliaferro, in the article cited above (here) provide an overview of the six steps to an effective Labor Management partnership:

1. Create realistic goals and expectations.
2. Get top level support.
3. Separate the LMP from the collective bargaining relationship.
4. Choose the right structure and the best people.
5. Address discrete issues one at a time.
6. Conduct meetings in ways that work.

One example of what can happen when employees, union and non-union, and management work together, can be found in Montgomery Ohio, a small city not far from Cincinnati.  Several years ago the City implemented a Health Care Committee that relies upon labor, union and non-union, and management to work together to guide the city health care policy and program. Recently I spent some time talking with Wayne Davis, the Assistant City Manager, about their program.

[Note: The Center for State and Local Government published a case study on the City of Montgomery Ohio, titled Employee Leadership in Health Insurance and Wellness Programs.  You can find that link here.

 The goal of the committee was to

• represent employee health care concerns,
• negotiate favorable rates and coverages with insurance providers,
• provide cost effective and comprehensive coverage for the City’s taxpayers and the employees, and
• communicate with work units about key health care issues.

The results have been

• A decline in sick leave usage,
• Containment of health care premiums (they have experienced 1/3 of the average premium rate increases in the Cincinnati region), and
•  drop in average annual medical claims.

The City of Montgomery has successfully developed a culture of employee engagement that works well with both their union and non-union employees. Early on management recognized the need to make deep structural changes in its organization, and worked with the Commonwealth Centers for High Performance Organizations to develop creative paths to a new way of working together in an environment steeped in local government politics and traditions.

The union environment here consists of the FOP (Fraternal Order of Police), the IAFF (International Association of Firefighters) and AFSCME (American Federation of State, County and Municipal Employees). As Wayne puts it, “everyone has skin in the game” meaning everyone has something at stake, and gains and losses are felt by all. The City has spent significant time (over 7 years) and energy working on building this culture which values emotional intelligence, relationship building and keeps the organization vision focused on high performance.

Wayne explains that although it is not easy to alter values within an established hierarchical system, they were able to realize success by essentially creating a parallel organization within the organization, represented by the committee structure, where a different set of rules and values flourishes. In this alternative “team” structure, manifest in the health care committee, title and rank don’t mean anything, and the normal rules governing reporting relationships are suspended in the interest of participation and contribution by everyone on the committee.

When engaged in the team, the focus is on working together to complete a task while sharing commitment to values. He notes that the “values” question is raised whenever needed to keep the team focused. For example, every idea is scrutinized for its benefit to the whole organization, not just one part, and the team holds itself responsible for not just coming up with an idea, but creating a realistic plan for what it would take to make it happen. Although consensus building is valued, the team will base outcomes on majority rule when necessary.

The team is made up of five people, one from each of the following groups:

1. Public Works
2. Fire
3. Police
4. Non-union, non-management employees
5. Management (appointed by City Manager)

The team is given parameters to work within and has the authority to create recommendations that are then carried to City Council. Although the City Manager or the Council has the authority to reject these, they have not because over time the team has earned a reputation for building value and also saving the City money.

One of the significant steps along the way involved educating the team about the budget so that decisions could be based on meaningful data. This also raised the level of accountability for all involved to produce improved outcomes.

Interesting, and an important lesson from this case study, is that in the beginning, Wayne modeled the role of facilitator and led the agenda setting process, but over time, as responsibilities were delegated to various members, the team become more involved in the agenda setting. So, the transfer of skills allowed the team to function with shared leadership. A key component of successful teams is the recognition of individual skills and learning from group members, as in this case, where the whole team became skilled at facilitating topics, setting goals and creating a plan for implementation.

Some additional areas of interest: each team member attends training twice a year to learn new skills and knowledge.  They meet once a month, and are all active in gathering feedback through surveys or informal interviews.  One important role of the committee is to keep people informed and presentations are prepared and delivered by a minimum of three members of the committee to various parts of the organization. Another skill that has emerged from the committee involves drafting legislation for Council. This has allowed the City Manager to step back from the direct ownership of the product  and produced a greater degree of acceptance by the organization.

Overall, management has not allowed what has always been to dictate what might be, and has remained committed to the effort, despite challenges and naysayers. When asked about the labor contracts, Wayne indicated that the contracts contain language that effectively supports labor participation in the committee.  He did not seem concerned about abridging management rights or indicate that this represented any great concession on the part of labor or management.  In particular, I was impressed by his final thoughts. He said with respect to the union, they value discussing things as adults, and each side being heard.

I know you are busy, which is why I am going to start you off this year with a quick sampling of some recent stories of interest in the HR world.  If you want to read more, just click and go to the source!

Is Text Messaging Private in the Workplace?

Does a police officer have a reasonable expectation of privacy when he text messages using a department issued pager? The United States Supreme Court has decided to take the case. Read more on this…….WorldofWork Blog

Yammer, you might want to try it.

Yammer? What’s that? Just when you thought you had a grip on social media, a new outlet bursts upon the scene. This one is anticipated by many to be the next big one, and it could be part of your workplace strategies. Instead of the Twitter question, “What’s happening?” Yammer asks the question, “What are you working on?”  Instead of being open to the universe, it is designed for employees in a single organization. Imagine having a dashboard of sorts on your computer screen, a stream of “yaps” that tell you what others in the organization are working on throughout the day.  Think about the possibilities. It has the potential to be a great communication and collaboration tool.  Instant messaging that is transparent to all and keeps people informed about who is working on what.  And it is free. Check it out here

http://www.yammer.com

More on Social Media

Jon Hyman, at the Ohio Employment Law Blog, gets it right when he sums up the top ten law stories of 2009 with social media in first place. He provides a series of law articles that discuss the risks associated with social media and what you might need to include in your personnel policies.

Read more at the The Ohio Employment Law Blog

Employees are on the move.

Right Management surveyed more than 900 workers in North America and asked: Do you plan to pursue new job opportunities as the economy improves in 2010?

A whopping 60% said they intend to leave, and another 21% said, maybe, they are networking to consider other opportunities.

Have employees had enough? What does this portend? Read more here

Salary Budgets, Still Unsettled.

In the words of Ann Bares, a fellow compensation consultant, we are on our way to a new normalcy.

She reports on a recent study by Towers, Perrin that finds that most salary budgets will be unfrozen in the coming year, but that companies are planning to spend with greater care, using more differentiation in distributing the limited salary dollars they will have available. You can read more at her blog compforce

When does lunch constitute work time?

It never hurts to brush up on the FLSA overtime rules, especially today when the filings with Wage Hour are at an all time high. The Overtime Advisor reminds us of the DOL rules governing employees who work through lunch.  Read More Here

Another FLSA story that brings home the point that it is harder to exempt employees than you think!

According to a story on MSNBC, a United States District Court for the Northern District of Georgia says first-level managers for Bell South are not exempt because they are on the lowest rung of the managerial ladder and have only minimal supervision.  Read More Here

If you need an employee to recertify FMLA Leave, be sure to follow the rules.

Finally, another excellent blog post by Jon Hyman that is a more technical summary of do’s and don’ts regarding recertifying FMLA leave.  Read More Here

Next time I will write about a city in Ohio that made bold changes to its health care programs which brought about significant savings by engaging its employees.  And yes, they have unions!

Networks across geographical boundaries

As I plan for my business in 2010, I think about what has changed during the last decade in the way business is conducted. I think about the generation of young people who are embarking on their own business for the first time and the tremendous advantages the current environment offers them. We are in a time of change that is so dramatic that without reservation I can say, they have more to teach me about doing business than I do them. That is to say, everything has changed.

I am reminded of a young Winston Churchill who participated in a cavalry charge at Omdurman in 1898. By 1914, he was Lord of the Admiralty, presiding a highly mechanized war fleet in World War I. Just two decades later, Churchill led a country in a World War that concluded with an atomic bomb.  If nothing else, his leadership skills included an amazing ability to adapt and incorporate change into his world view.

Similarly, we are faced with unprecedented change in the way we do business. Personally, the past year alone has brought monumental changes because of the recession. Like many of us, I have had to think about moving out of my comfort zone of face-to-face business and into uncharted territories of social media and business solutions via technology.  Like it or not, opportunities are out there, but are part of a vast network that can be experienced as chaotic and overwhelming. 

If you came into your own in the last decade, this may simply be what you know, in which case you have an opportunity to lead the rest of us. What for us is new, for you is simply convention.

 Ten years ago we would have taught you about our conventions, and said…

• networking must be a face to face proposition;
• your status depends on what school you went to and what  company you work for;
• business proposals require hours of sit down meetings and lots of paper;
• you must keep business and personal realms separate;
• you must belong to associations to access information, and you must pay a premium to belong;
• business is primarily about “who you know”;
• You should expect to drive or fly for hours to attend routine meetings.

While all of the above is still present today, particularly in the corporate world, no one can dispute that the deep impact of the recession coupled with the urgency spurred by the world of technology and social media has changed all the rules. Just as in the time of rapid change in Churchill’s life, those who scramble and adapt today are going to lead the way in the future.

Young people entering business today will expedite the rapid change and those of us who entered the business world in the last century will see our ideas of doing business fade away or become vestiges, just as life in the late 1800’s underwent radical transformation by the second decade of the 1900’s.

New conventions, i.e., the fixed customs of today, are too numerous to count, but in my mind the most important include:

• we build our networks across geographical boundaries without face-to-face contact (although that will always be valuable, it is not required);
• we value merging our personal life passions with our business persona, i.e., bringing the “whole” person to work life;
• we can access information in real time, without reliance on gatekeepers, i.e., associations, news agencies, academic institutions, professional publications;
• experience confers status;
• etiquette tends toward openness and transparency, i.e., all are invited to events and we share what we learn.

If we can wrap our brains around this new way of thinking and acting (new for those of us who came into our own in the past century) we will be able to add value to the new age with our wisdom and life experience. If we refuse to let go of the old ways, we will not only miss the excitement of the current age, we will forfeit our own legacy.

Friends Consult

When dogs bite and bees sting, we bring to mind our favorite things, but when things get stuck, or stale, what we need are a few good questions to evoke the spirit of engagement.

Over the years of working with people, I have found a few questions to be nearly fool proof.  While the goal is to get something going, to move in a new direction, or to clarify, the point is to engage and to encourage others to bring more of their self to the matter at hand. Whether we are managing or consulting, we intend to put an idea into motion with the participation of others. For that, we need to energize others in both heart and mind.

So here goes, these are a few of my favorite questions, just in time for holiday gatherings. May your holidays abound with good cheer and meaningful conversation around the table. 

1.            Tell me about a time when….

2.            What does it look like when [that] is happening?

3.            Would you say things are better, worse, or about the same?

4.            What is the most difficult aspect of what you do?

5.            Why is that important?

6.            What has been your experience with [that]?

7.            What is the heart of the matter for you?

8.            What makes this hard for you to discuss?

9.            What is your concern?

10.          What would help you move forward? What would hold you back?

HDSA Golf Outing

Last Saturday, November 21^st, the Genetic Information Non-Discrimination Act (GINA) became effective. Careful and thoughtful attention to how you consider this new law in your workplace can make a huge difference in lives of your employees and can also make you less vulnerable to EEOC complaints and lawsuits. Under the law, employers may not ask for the results of genetic tests or discriminate in hiring, firing and promotion based on the results of genetic tests. It also prohibits discrimination by individual and group health insurance providers based on genetic test results. If the intent of the law is realized, more individuals will be tested and treated for genetic diseases, and this will likely spur complaints of discrimination in the workplace. So it is important to be ready and willing to respond to the inevitable situation that will arise at your workplace.

Wellness programs are a strong player in your response strategy. Encourage employees to be well and be prepared to support them with employee assistance programs that provide counseling in the event they learn they have a genetic disease. Rely on professionals connected to you through your ancillary health programs. If your provider does not offer support in this area, let them know you are going to shop around.

Be aware that the difference between ADA and GINA is that in the latter, a person may learn they have the gene for a genetic disease, but will not know how long it will be before the symptoms begin to manifest.  In addition, it might be useful as an employer to know that ethical protocols exist within the medical field that require counseling about available channels of support if in fact the genetic test comes back positive. If you learn that an employee has received bad news, you can encourage them to seek support through the channels offered them during the genetic testing process.

The hard part, of course, arises when you begin to notice that job performance has been compromised. My advice is to keep channels of communication open with the employee so you can learn as much as possible about what to expect. While you do not want to know the details of medical or genetic tests, you want them to keep you informed about any limitations that may arise, such as driving, or even processing information in the same way that they once did. You can encourage an advocate to meet with you (for instance, a social worker from a group associated with the particular disease) for the purpose of charting out a course for the employee. For instance, if you can map out ahead of time, the prospects of keeping the employee on in a less demanding job, at a lower pay rate, or what the employee can expect at the point at which the job can no longer be performed, you have offered the employee a degree of control and ability to predict the future. Keep in mind that many employees will eventually be transitioned onto Social Security Disability, but it takes time and you are doing a huge service by allowing them time to transition. Long term disability insurance may also come into play.

If the worst happens, and the employee files a complaint, this may be due to insensitivity on the part of the employer, or it may be that the employee has not yet come to grips with their medical condition. Keep in mind that part of the process, as in any loss, is denial, and for some it is simply harder than for others. So it may not be the fault of the employer, and if you have exercised a reasonable effort to not discriminate, try to remember the investigation process will be much less terrifying than what the employee is going through.

I know something about this as I come from a family with the genetically inherited Huntington’s Disease and recently went through the dreaded testing process. Although I came out negative, this was a life defining experience. This is a rare and terrifying disease (but they all are).  Charles Sabine, the former NBC Correspondent, who while covering war, was abducted by terrorists, tortured, and had a gun held to his head for hours, said that his terrorist experience could not hold a candle to the terror of learning his genetic fate. His story was told this past Monday on NPR [here].

Last, but not least, there are of course….new posters!  If you have not yet secured yours, you might want to check out this site.

EEOC Poster Request Form