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Human Resources and the Coronavirus

3/1/2020

 
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Little doubt remains that the Coronavirus poses a severe threat to all businesses regardless of size, type or geography.  One need only look as far as the recent Wall Street bloodbath and the growing number of major business events being cancelled by the likes of Microsoft and others.  For those HR functions that are proactive and willing to step-up, this crisis offers a chance to deliver real value to the organizations they support.

Opportunity: Employee Communication


Human Resources is an essential organ of communication with employees. The proactive HR function should partner with its company's leadership team to craft a clear and unified message on the Coronavirus. This is an opportunity to remind employees that their employer cares about them...that their health and well-being is (and remains) the company's first priority.   It is an opportunity for HR remind/re-educate employees about how to leverage their company's health care benefits.   It is an opportunity to encourage employees to communicate with management about how they are feeling and what they're observing health-wise in their communities. Clear and frequent communication is especially essential for organizations with large populations of virtualized or remote employees who do not have the benefit of communicating in person on a regular basis.


Opportunity: Infectious Disease Policies

Most Human Resources functions already have documentation in place on policies such as sick time or leaves of absence...but does it have a specific Infectious Disease Policy? If not, HR should first help its business leaders decide if the business needs one. The potential benefit of having a clear, written Infectious Disease Policy is greater for businesses with multi-national operations, offshore operations, and/or a highly mobile workforce. Once the need for an Infectious Disease Policy is established, the next consideration is what it should (or shouldn't) say. Particularly for this kind of policy, definitions are critical (such as clearly defining an "infectious disease"). On matters such as handling medical information, policy wording should comply with Federal or state law on confidentiality and specify that any information disclosure will be limited to what is required by law.  Lastly, an Infectious Disease Policy is where the company can assert its right to take measures to control unacceptable risk of exposure (such as controlling travel, adjusting work schedules or complying with any government mandates related to an outbreak).

Opportunity: Operations Planning

Lastly, the HR function has an opportunity to earn its seat at the table as a strategic partner. It can do this by helping the organization's leaders examine their respective functions: sales, operations, marketing, IT, etc.   Are there critical staffing holes that can be further worsened if the company is affected by the Coronavirus?  Are business continuity plans documented and in place in the event the virus interrupts the critical flow of a business department, business unit and/or geography?  HR can help address crucial questions like these...but first, it must be properly prepared.   Before opening such a dialogue with the company's leadership team, HR must not only understand the business it supports, but understand the priorities and challenges its leadership team faces in their respective areas. Simply put, HR must do its homework first before it can be part of the business solution.

If you are a small to medium size employer with no formal human resources function or with an HR function that is currently overloaded, contact us today to see how we can help.

This website (including its blog posts) is a service provided by PhoenixHR LLC, its partners, affiliates or subsidiaries (collectively, "Provider"). This website does not provide legal advice and Provider is not a law firm. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want legal advice. No attorney-client or confidential relationship exists or will be formed between you and Provider or any of our representatives.

4 GREAT REASONS WHY...

12/2/2018

 
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#1: Wages Aren't What They Used to Be

Yes, it true that today's unemployment rate is the lowest it’s been since around 1969.  But look under the hood, and the news is less cheery.  Among the findings established by various studies:
  • More people are back to work, but many of them have had to settle for jobs paying considerably less than they were making before the Great Recession.
  • Wage growth is not only nearly stagnant, it’s running behind what it was in 2016-2017 when inflation was lower.
  • Median income of the middle class in 2016 is about the same as it was in 2000.
  • Even in the tech sector, long seen as the home of high-paying jobs, wages are slipping.  A study published in November 2018 found that 9 out of every 10 Silicon Valley jobs pays less now than when Netflix first launched in 1997.
  • A 2017 analysis of Federal Reserve data found that with a median household income of $40,581, millennials earn 20 percent less than boomers did at the same stage of life, despite being better educated.
The message is clear: if you want a higher paying job in 2019 and beyond, you’re going to have to fight for it…and a strong resume and LinkedIn profile need to be your weapons of choice.

#2: You Work in a Salary Ban State

As of August 2018, 11 states and 9 cities in the US have enacted salary history bans to help fight the gender pay gap.  A growing number of companies - including Amazon, Wells Fargo, American Express, Cisco, Google and Bank of America - are staying one step ahead by proactively changing their hiring practices and eliminating questions about pay history.  

If you're looking for a new job, salary bans offer you an opportunity to negotiate a pay rate that fairly reflects your value.  But first, you have to win that interview...and in the absence of being able to look at your salary history, employers will be examining your resume much more closely.   Regardless of your gender, if your resume does not have a strong, clear and compelling value proposition, you won’t get called for interviews…or win a seat at the negotiating table as a finalist candidate.

#3: You Have Job Challenges

Once again, today's low unemployment rate is not all roses and rainbows.  Maybe you are already  unemployed and are trying to get back to work...but face challenges like gaps in your employment history, fighting off age bias, or change careers.  

Even if you are employed today, you might become unemployed tomorrow through no fault of your own.  For example, in late November 2018, GM announced it will cut 15,000 jobs and Bayer recently announced it will cut 12,000. 

Now that corporations have reaped from benefits of the 2018 Tax Cuts & Job Act, their focus will return to protecting profits more so than protecting jobs.  Sadly, more and more long-service employees are getting caught in the layoff net…which includes people who haven’t given a thought to updating their resume in 10, 15 or more years…if they ever even had a resume at all.  Dealing with the stress of unexpectedly losing your job is bad enough – you don’t want to add the stress of trying to figure out what your accomplishments have been for a long employment period. 

Today's economic conditions can change quickly without warning....so you need to keep your resume current, powerful and at the ready.  Job challenges like those mentioned here make coming up with a compelling resume very difficult – but not impossible - if you have the right professional help.

#4: The Season is the Reason

If you are working for a company that pays annual bonuses in December, you may be waiting until the New Year to change jobs...which is coming up fast.   January and February are two of the best months for long-term, full-time jobs because these are the months many employers receive their updated budgets and sales forecasts.  Many recruiters also return to work after taking time off for the holiday season, which further helps speed up the hiring process in quarter one.

Are you a college student?  Then any time between January and April is when you'll be applying for that coveted summer internship.  Many students underestimate the enormous competition that exists for some of these internship positions.   The competition is especially fierce in fields with high-demand jobs like data science and business intelligence.  Colleges today give students little more than cookie-cutter guidance on creating an effective resume, let alone the professional, individualized help needed to produce a compelling resume despite limited work experience.

Dream jobs don't exist, but great jobs do...so whether you’re a seasoned professional looking for a new job for a new year or a college student planning your summer, the question remains: when a great job opportunity finds you (or vice-versa) will you have an updated and powerful resume ready to tell your story?


​No matter what your profession, job goals or employment challenges, PhoenixHR LLC can help you manage all of the above situations…and more.  Our 30 years of experience in human resources and hiring adds a unique strength to our resume and LinkedIn writing services.  While there are many good resume writers out there, not every resume writer has deep HR experience or has done actual hiring across a wide range of positions and industries…but PhoenixHR has.  Explore our company website and find out more about our LinkedIn, resume writing and career coaching services today.
​
Related: LA Times: Job growth beats expectations
Related: Mercury News: Silicon Valley wages have dropped
Related: USA Today: Millennials earn 20% less than Boomers did at same stage of life
Related: CNBC: GM CEO Mary Barra to meet with US lawmakers over job cuts
Related: Fortune: Bayer AG Is Cutting 12,000 Jobs
​This website (including its blog posts) is a service provided by PhoenixHR LLC, its partners, affiliates or subsidiaries (collectively, "Provider").  This website does not provide legal advice and Provider is not a law firm.  Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want legal advice. No attorney-client or confidential relationship exists or will be formed between you and Provider or any of our representatives. The graphic in this post was designed by Freepik.

Hate Your Work Commute?

2/11/2018

 

What Remote Employers & Job Seekers Look For In Each Other
​& How to Land That Remote Job Interview

Remote Jobs

The Incredible Shrinking Remote Workforce?

What do IBM, HP, Bank of America, Aetna and Yahoo have in common? They are among the growing ranks of employers who were once big advocates of working remote, but have reversed course and recalled employees back to the office.  At the same time, remote work isn't going away (a full 43% of employees in a recent Gallup survey reported working remote) and there are still many remote employers looking for qualified remote workers.  This mixed environment tells you 2 things:

1. After seeing big companies rollback their remote strategies, the remaining remote employers are more selective than ever about who they hire.

2. The rollback in remote job means the competition between candidates is fierce.  Candidates who don't bring their A-game to the  remote job search will get passed over for interviews.

What Remote Employers Look For

Remote employers want remote workers who are:

Focused & Disciplined, with a track record of being highly organized and who know how to prioritize.  Remote workers who can show they have sufficient discipline to stay focused on their work, regardless of distractions (such as being in a different time zone or goings-on at home).

Self-Motivated & Trustworthy, who can consistently deliver quality work on time without being reminded.   Remote workers that they can trust, especially if the manager has other remote workers to coordinate and oversee.   Establishing and developing trust starts with the remote worker...in a healthy remote work relationship, the greater the worker's track record of strong performance, the greater the trust returned by the remote employer.

Super-sized Communications, used to make up for remote workers having less "face time" than their office counterparts.   Remote workers who not only know how to communicate clearly verbally and in writing, but also know when to "over communicate" and bridge the distance that goes with remote work.


Resourceful Problem Solvers that can take ownership of problems, analyze them and find creative solutions on their own.

Tech-Ready, which means possessing not only basic tech knowledge to work remote (how to use Windows, Word, Excel, Outlook) but the basic tech tools  (a desktop or laptop, a printer, a landline or cell phone).  There are still many remote workers who remain "tech-challenged"...prefer to keep all their records on paper because they don't feel comfortable using their computers....who can't print an important document because they don't have a printer...who don't know how to manage a PDF or use basic office productivity software.  Those are the remote workers who are not getting calls for remote job interviews....or if currently employed remote, won't be employed for long.

What Remote Job Seekers (SHOULD) Look For

Seek out credible remote employers.  Don't assume every remote employer is good at being a remote employer - or is a good employer.   Beware of remote job postings whose only real content are claims like, "Make $1,000 a week in your spare time!"  Do your homework on the company that placed the ad...do they have a website?  If yes, what does it say about them?  Are there reviews from current or former employees on sites like Glassdoor? (Be particularly alert for mention of things like the company paying its remote workers on time - or not). 

​Look for Clear Job Descriptions.  The less clear a remote job posting's duties are, the greater the likelihood that the remote employer does not have a clear idea of what it wants out of its remote workers.  That in turn means you may have difficulty meeting the company's expectations (which is already tough enough to do when working remote).

Examine The Employer's Remote Culture.   Research the company's history as a remote employer...do they have other remote employees or would you be the only one?  Try to find out why the company prefers remote employees and how their philosophy of remote work is different from their philosophy of office-based work. 

Salary Bans:   A growing number of states and cities (most notably CA and NY) have passed laws which make it illegal for employers to ask about salary history.   Remote job seekers should be aware of the details of these laws, including the fact while employers cannot ask about your salary history, if you volunteer the information, they can use it.  For a plan-English overview of the CA and NY salary bans, see the related link at the end of this blog post.

How to Land That Remote Job Interview

Today's reputable remote employers are selective, so the same best practices that win interviews for office-based work apply double for remote opportunities:

Have a Powerful Resume.  If your resume doesn't powerfully answer very 3 specific employer questions, it'll get overlooked. 

​Have a Powerful Cover Letter.  If you send the same cover letter to everyone or repeat your resume in your cover letter, it will get overlooked.

Have a Powerful LinkedIn Profile.   If your LinkedIn profile is just a copy/paste your existing resume, your profile is not as powerful as it needs to be to grab a recruiter's attention...and you're not taking advantage of the special "hacks" that make it so.

PhoenixHR LLC understands that it's difficult for many job seekers to create a powerful resume, cover letter or LinkedIn profile on their own.   For remote job seekers, it's even tougher.   The qualifications you've just read about that matter most to remote employers are mostly 'soft' traits.  Unlike 'harder' qualifications (like a degree or specific years of experience), 'soft' traits are difficult to express briefly but powerfully in a resume, cover letter or LinkedIn profile.

Job seekers who use our LinkedIn & Resume Solutions can not only stay focused on their careers, but get resumes and LinkedIn profiles infused with over 30 years of HR management and hiring experience.  This is a critical value-add for our clients....for while there are many good resume writers out there, not many also have experience in HR management or as hiring managers.

How We Can Help

  • ​For popular sources of remote jobs, see  the  Job Placement Specialists section of our Resources page .
  • To explore our Resume Solutions and find out how you can get a customizable cover letter solution (a $25 value) for free click here or the "Interview In Progress" image below.
  •  To explore our LinkedIn Solutions  and find out how you can get 50% off your new LinkedIn profile click here or on the "Missing Link" image below.
Resume Writing Services
LinkedIn Writing Services
Related: The California Salary Ban
Related: The NY Salary Ban
Related: Gallup Poll: "The State of the American Workplace"  ​
This website (including its blog posts) is a service provided by PhoenixHR LLC, its partners, affiliates or subsidiaries (collectively, "Provider").  This website does not provide legal advice and Provider is not a law firm.  Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want legal advice. No attorney-client or confidential relationship exists or will be formed between you and Provider or any of our representatives.

How to Cope with AB 168: The California Salary Ban

1/1/2018

 
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On January 1, 2018, California joined the ranks of a growing number of cities and states which now make it illegal for employers to ask job applicants about their salary history.   These bills share the worthiest of goals: they seek to promote pay equity based on qualifications & experience....and in so doing, close a gender wage gap that stubbornly persists more than 50 years after President Kennedy signed the Equal Pay Act in 1963.

Employer compliance with California's salary ban law - technically known as Assembly Bill 168 (AB 168) is not without its challenges. Some of the bill's language is broad and interpretation has yet to be established.

But as the saying goes, "a journey of a thousand miles begins with a single step"...so with that thought in mind,  PhoenixHR LLC has created the free compliance guide for employers below.   We have also created a free custom candidate interview evaluation form that not only can help standardize the candidate assessment process but includes a section specifically designed to help with AB 168 compliance. 


We hope you found this post helpful and thank you for sharing it with your friends and associates. Bookmark our company website for help with your HR management, LinkedIn & resume writing needs...and feel free to explore these related links:
​
  • Click here to see our blog on the NYC salary ban.
  • Click here to explore our HR services.
  • Click here to explore our Resume services.
  • Click here to explore our LinkedIn profile writing services.
  • Click here to like our Facebook company page.
  • Click here to follow our LinkedIn company page.

This website (including its blog posts) is a service provided by PhoenixHR LLC, its partners, affiliates or subsidiaries (collectively, "Provider").  This website does not provide legal advice and Provider is not a law firm.  Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want legal advice. No attorney-client or confidential relationship exists or will be formed between you and Provider or any of our representatives.

Employer Compliance Guide for California's Salary Ban  (AB 168)

CLICK THE SLIDE NUMBERS BELOW TO VIEW THE SLIDE SHOW FROM THIS PAGE
OR CLICK THE YELLOW BUTTON BELOW TO DOWNLOAD THE PDF VERSION

DOWNLOAD COMPLIANCE GUIDE PDF


Candidate Interview Evaluation Form Updated for California Salary Ban (AB 168)
(2 pages)

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DOWNLOAD PDF FORM

Meet the Newest Illegal Interview Question

5/7/2017

 
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NYC has joined Massachusetts & Philadelphia in making it illegal to ask about a candidate's salary history. California (among other states) are considering similar laws. Here's 3 ways that employers, HR & recruiters can cope:
​
1.  Understand the Purpose 

In places like Philadelphia (where a Federal court has already temporarily stayed the new law) employers are pushing back, claiming such laws interfere with their ability to run their business & control their costs.  As a business owner, the author of this post agrees; as an HR professional, I say that while a "no-salary-inquiry" law may not be the best solution, the problem it is trying to fix is very real and must solved: the long-standing gender gap where on average, women continue to earn substantially less than men - some 80 cents to the dollar according to the Census Bureau (see link at the end of this post). In the case of NYC, the wage gap is even greater, especially among women of color (see link at the end of this post). 

That said, employer energies would be better served embracing the trend towards new “no-salary-inquiry” laws as a valid extension of both existing Federal law (the Equal Pay Act of 1963) & many similar equal work/equal pay state laws...then start thinking of constructive ways to live with this growing "no-salary-inquiry" trend…because if it’s not already law in your city/state now, it may be soon.

Here's the basics of the NYC law: it makes it illegal to ask about an applicant's salary history (in writing or in any other form) during the interview process *or* use an applicant's salary history to determine salary or benefits to fill the job...*unless* the candidate voluntarily discloses salary history *without* prompting (more on that later). Penalties for violation can be as high as $250,000.

Among other allowances, the NYC law *does* permit an employer to ask about a candidate's expectations regarding salary or benefits and it *does* allow the employer to disclose a proposed salary or salary range for the job.

2.  Practice Pay Transparency

The employers who are best able to defend themselves against equal pay or gender-based pay claims are those who practice pay transparency.  The most critical components of pay transparency to follow are:
  • Know Your Jobs:  A job that is not defined is hard to price fairly or accurately.  Management & HR should partner to establish a written set of job descriptions for every job in the company, filled or not.  These written job descriptions should clearly defines duties, qualifications and pay ranges. 
  • Know Your Market: with defined job descriptions in hand, employers are better equipped to get a realistic - and objective - handle on pay rates in markets where their job openings occur.  "Objective" includes supporting HR's efforts to collect reliable wage and salary survey data.  HR has a fiscal responsibility to secure as much free data as it can, but employers should also recognize that some quality survey data costs money...and if carefully selected, can be a worthwhile investment to protect the company given current trends.
  • Wage & Salary Administration: the above components should flow into establishing a scientific, rational & balanced system of managing wages and salaries throughout the entire employee life cycle: from interviewing through career progression through separation. This system is typically referred to as a "Wage & Salary Administration" program.  HR has the responsibility designing the program & partnering with management to get it finalized and implemented.  Wage and salary programs don't need be complicated but once established, they do need to be consistently applied and kept current to avoid becoming a legal liability; therefore, it is essential that HR design programs that are easy for hiring managers to understand & work with when recruiting.

3.  HR Must Find (and Use) Its Voice

In cities/states which already have "no-salary-inquiry" laws, HR compliance actions may include:
  • Updating written policies.
  • Removing all salary history references from applications.
  • Training recruiters and hiring managers on how to comply when they conduct interviews.
  • Giving serious thought to designing a work process for documenting when a candidate voluntarily discloses pay or benefits history *without* prompting.

In all states - but especially in states that are not yet subject to "no-salary-inquiry" laws -  HR needs to find & use its voice.   That means:
  • If an HR professional (or recruiter) spots a hiring manager decision which appears to perpetuate a gender wage gap, don't just accept it...say something.  Engage in a constructive & positive dialogue with the hiring manager to understand why the candidate is being offered less than a similarly experienced male candidate (or incumbent employee).  HR understanding the hiring manager's thinking strengthens its ability to defend the employer if a claim arises…and after all, protecting the company is one major part of any HR professional’s job. 
  • If there does turn out to be a real gender pay gap situation - regardless of whether it was intentional or not - then HR must do all it can to work with the hiring manager and get that pay disparity fixed up front...because doing the right thing is the other major part of any HR professional's job.

​We hope you found this post helpful and thank you for sharing it with your friends and associates. Bookmark our company website for help with your HR management &resume writing needs...and feel free to explore these additional links:
  • Click here to see Census Bureau data.
  • Click here to see NYC gender wage gap study.
  • Click here to explore our HR services.
  • Click here to explore our Resume services.
  • Click here to like our Facebook company page.
  • Click here to follow our LinkedIn company page.
This website (including its blog posts) is a service provided by PhoenixHR LLC, its partners, affiliates or subsidiaries (collectively, "Provider").  This website does not provide legal advice and Provider is not a law firm.  Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want legal advice. No attorney-client or confidential relationship exists or will be formed between you and Provider or any of our representatives.

5 Ways HR Can Help Drive Excellent Customer Service

4/11/2017

 
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Photograph courtesy of indiaexpress.com

A company is not defined by its sales, profit or stock value.  A company is defined by how it treats its customers.

When it comes to the proper treatment of internal and external customers, we've seeing an increasing number of epic fails.  Consider:
  • For external customers, there's United Airlines' disgraceful forced removal of a passenger on an April 2017 flight that wasn't even overbooked.
  • For internal customers (employees), there's the February 2017 incident of Uber's top executive berating and cursing at one of his own drivers after the driver told his VIP passenger that the company had bankrupt him.
  • Cutting across external/internal customer lines, there's the horrifying uptick in alleged sexual harassment claims where the victims range from female members of the USA Gymnastic team to females in the US military to women subjected to unwanted behaviors while interacting socially or for business with (at least 2) major TV personalities.

This sad state of affairs translates to a golden opportunity for Human Resources to make a meaningful contribution to the companies they support.  Here's 5 ways HR can help drive excellent customer service:

  1. Guiding Principles.  Help company's leadership team craft guiding principles that are clear and simple to understand...then take the lead to ensure those principles are communicated effectively to every new hire and understood by all  current employees.
  2. Job Training.  Partner with line management to help ensure employees not only learn their jobs properly, but become expert in them.  The more expert eemployees become in their job, the greater their ability to provide great customer service.
  3. Quality of Life.  Look out for ways to help employees maintain a good quality of life.  Employees who feel good about themselves, their lives and their jobs are more apt to do their best to make their (internal & external) customers feel good, too.
  4. Teamwork & Information Sharing.  Analyze the organization to identify opportunities for improving teamwork by breaking down work"silos" and sharing information that helps employees coordinate effort.   Crisper teamwork translates to more focused customer service and increased customer satisfaction.
  5. Zero Tolerance Harassment Policy.  Sometimes HR has to be the "bad cop" and this subject is the right place to do it.  HR must properly train employees on sexual harassment prevention (in some states, training is legally required) then set the example by making its zero-tolerance policy a "living" one which protects internal customers (employees) and external customers against any form of workplace harassment.  This "living policy" approach must include investigating all allegations of harassment promptly & objectively.

In closing, some "life advice" from great thinkers which can easily be applied to delivering great customer service:

"Well done is better than well said." - Benjamin Franklin

"Whatever you are, be a good one." - Abraham Lincoln

"Strive not to be a success, but rather to be of value." - Albert Einstein


We hope you found this post helpful and thank you for sharing it with your friends and associates.
  • Click here to explore our HR services.
  • Click here to explore our Resume services.
  • Click here to like our Facebook company page.
  • Click here to follow our LinkedIn company page.

This website (including its blog posts) is a service provided by PhoenixHR LLC, its partners, affiliates or subsidiaries (collectively, "Provider").  This website does not provide legal advice and Provider is not a law firm.  Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want legal advice. No attorney-client or confidential relationship exists or will be formed between you and Provider or any of our representatives.

Work Emails at Home: The Right to Disconnect

1/2/2017

 
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In France, a new "right to disconnect" law took effect on January 1, 2017 that requires companies with over 50 employees to clearly define hours when employees are not required to check or reply to work emails.  Will the US follow?

In 2016, the US Department of Labor issued a “request for information on the use of technology, including portable electronic devices, by employees away from the workplace and outside of scheduled work hours.”  The request is an early step in the federal rule-making process and there's no guarantee it will translate into new laws.  No matter what happens, here is today’s reality:

  • Technology and devices have created unprecedented communication channels and ultra-fast access to employees. 
  • Responses which a boss in 1997 might have waited for until next day or next week are often responses a boss in 2017 expects to get in real-time. 
  • As the lines between work-life and home-life continue to blur, working an office desk for 8 hours a day is no longer the "standard". 
Is all this increased connectivity good or bad?  The answer depends on who you ask.   Not surprisingly, many employers say increased connectivity gives them increased productivity.  Some employees say it gives them increased flexibility in work hours.  But a dark side is slowly emerging.

There are employees who feel the obligation to constantly deal with work emails at home leads to increased stress, problems sleeping and relationship troubles.  In examining the impact of after-hours email and the time it adds to the workday, a recent university study supports this concern and uncovered a new problem: the growing organizational expectation that employees will respond to after-hours email.

This expectation, the study said, “creates anticipatory stress” and “influences employee’s ability to detach from work regardless of the time required for email.”   Samantha A. Conroy of the University of Colorado and a co-author of the study, "Exhausted But Unable to Disconnect" explains further:

“What we find is that people who feel they have to respond to emails on their off hours become emotionally exhausted, partially because they can’t detach from work.  It’s not only that employees are spending a certain amount of extra time answering emails, but it’s that they feel they have to be ready to respond and they don’t know what the request will be.  So if they’re having dinner with their family, and hear that ‘ding,’ they feel they have to turn their attention away from their family and answer the email.”

So should the US follow in France's footsteps?  For the time being, our vote is "no".

Managing after-hours email does not have a "one size fits all" solution.  Employers in different industries have different business and customer needs...needs that can rightly influence company expectations on how employees manage after-hours work emails.  One obvious example is the IT profession, which more than ever is a de facto 24/7 industry. 


Speaking for our company, PhoenixHR LLC, consulting is another area which can demand extended access in today's ultra-connected world.  Human Resources and Payroll are functions which often encounter unexpected crisis that do not fit neatly in an 8 hour day...so for the HR and PR services we provide our clients, our employees keeps extended hours by choice.   Similarly, our firm’s resume writing service maintains extended access for its resume clients in recognition of the fact that many are actively employed and unable to discuss their resume needs during "standard" work hours.   Extended access is part of our value-add proposition.

Should employers have policies for dealing with emails and work after-hours?  Yes...but they should be voluntary rather than mandated by legislation.  Employers should be allowed to  tailor those policies to the unique needs of their businesses and customers without the burden of government regulation. 
 
In return for this flexibility, employers can help maintain quality of life for their employees by complying with existing employment law.  Obviously, hourly and non-exempt employees who work after-hours should be paid overtime in accordance with applicable law.  For exempt employees who deal with after-hours emails, employers should check to ensure their exempt classification meets current overtime regulations (which have changed dramatically).

Some "low cost/no cost" ways employers can help maintain quality of life for their employees (especially exempt employees who incur "hidden hours" of work without pay to deal with after-hour emails) include:

  • Don't take employees for granted.  Say "thank you" (it’s free) every once in a while for the extra work they do. 
  • Be selective about holding employees to an expectation of an "instant” after-hours response.  Allow employees to have a life...remember that there was a time before answering machines, computers, emails and smart phones?  Even without all those advances, business didn't grind to a halt then...so it certainly won't now.

For the time being, the key for employers to voluntarily manage the "right to disconnect" is simple: as Steve Jobs famously advised Tim Cook on how to run Apple as Jobs’ appointed successor: "Just do what's right".

We hope you found this post helpful and thank you for sharing it with your friends and associates.
  • Click here for link to university study.
  • Click here to explore our HR services.
    Click here to explore our Resume services.
  • Click here to like our Facebook company page.
  • Click here to follow our LinkedIn company page.
This website (including its blog posts) is a service provided by PhoenixHR LLC, its partners, affiliates or subsidiaries (collectively, "Provider").  This website does not provide legal advice and Provider is not a law firm.  Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want legal advice. No attorney-client or confidential relationship exists or will be formed between you and Provider or any of our representatives.

HR vs. Casual Racism & Workplace Violence

8/7/2016

 
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San Bernardino.  Orlando.  Baton Rouge.  Dallas.  To date, 2016 has been a harrowing year racked by racism and violence across the US.  Read on to learn why – now more than ever – employers need their Human Resource function to step up and make a difference.

Casual Racism: What Is It?

​Casual racism is racially-oriented beliefs, prejudices or behaviors that often go unnoticed in our communications with one another; it includes "jokes" or other statements that emphasize cultural differences (such as physical appearance, cultural practices or accents) in a negative way.  Casual racism can be hard to identify because it often becomes so common that it blends into our daily lives.  Examples of casual racism:
  • "I'm not racist but..." Putting these words in front of a potentially racist statement doesn't make the statement any less racist.  This includes seemingly innocent variations like, "I'm not racist. I have (insert ethnic group here) friends."  Having friends of a particular ethnic group does not entitle anyone to make racist comments.
  • "You speak very good English for a (insert ethnic group here)."  The speaker may think that he or she is giving a compliment...but even if they don’t realize it, they are also saying that the subject has inferior English skills.
  • Dismissing an offended person by saying, "It wasn't intended..." or "Sorry if you can't take a joke...”  With casual racism, impact matters more than intent...and no one has the right to "choose" who gets offended by our jokes.  Instead of dismissing the subject, put yourself in their shoes and try to understand the impact of your words from their point of view.  

What HR Must Do To Fight Casual Racism

​Set the Example: It is difficult for HR to get employees to take casual racism seriously when we see our aspiring leaders regularly and openly engage in not-so-casual discrimination...like the presidential hopeful who blatantly refers to Mexicans as "racists", calls a US senator who purported to be of American Indian heritage "Pocahontas" and picks a prolonged, public fight with the Muslim family of a US solider killed in action.  Despite the challenge of such poor role models, if any real headway is to be made in removing casual discrimination from the work place, then every HR Practitioner- from C-level to entry-level - must set the example through their own words and deeds.   In particular, all HR Practitioners should:
  • Demonstrate behaviors that are free of casual discrimination.
  • Encourage an honest, constructive and on-going dialogue about casual racism in the workplace among employees.   
Document, Document, Document:  The proactive HR Practitioner should:
  • Have clear written policies and procedures which prohibit workplace discrimination and which comply with any state requirements in related areas (such as workplace bullying and gender discrimination).  
  • Distribute discrimination policies to all employees and secure signed acknowledgements both as part of new hire orientation as well as periodically (such as when events warrant a global reminder to all employees).
  • Partner with managers to keep clear records of corrective action.  
  • Not depend on “employment at-will” language to protect the company when implementing terminations; instead, document the circumstances leading up to the termination and the reasons for it.
Related HR Best Practices:  
  • Take all employee complaints of discrimination seriously and respond with a prompt, thorough and confidential investigation.   Remember: employees who feel their discrimination complaint is not taken seriously are far more likely to seek resolution through an attorney and/or the EEOC.  
  • Stay up-to-date on the latest EEOC rulings, especially now that the EEOC has become much more aggressive in investigating and pursing discrimination claims,  Just 2 examples: the EEOC website proudly reported for fiscal year 2013 that it "obtained the highest monetary recovery in agency history through its administrative process, increasing by $6.7 million to $372.1 million" and among major employers, California falls solidly in the top 5 states with the most EEOC claims.     
  • Help senior management understand in clear, quantified terms the impact and cost (operationally, legally and financially) that discrimination  in any form - including casual racism - has on their business.

Workplace Violence

When human resources began in the mid-to-late 1800's, its original focus was to protect the welfare of women and children workers, primarily in factories.  That focus not only continues today, but embraces all workers.  Equally important, modern HR is expected to maintain a safe work environment against a range of threats that until recent times were relatively unheard of...chief among them being workplace violence and the “active shooter”.  The Department of Homeland Security defines an “active shooter” as “an individual actively engaged in killing or attempting to kill people in a confined and populated area; in most cases, active shooters use firearms(s) and there is no pattern or method to their selection of victims”. ​

What HR Must Do To Address Workplace Violence

​Due to the complexity and unpredictability of human behavior, HR’s role in helping prevent workplace violence carries no guarantees of success...but that uncertainly does not absolve HR of its responsibility to do everything it  can to keep its employees safe.  

HR Practitioners have an important advantage over some other business professionals: whether they are doing a job interview, a counselling session or an investigation, HR Practitioners specialize in reading people and situations…they specialize in “reading between the lines” and picking up behavioral clues that others might miss.  This ability – a mix of intuition sharpened by training, adept observation and listening skills and field experience – is a valuable tool that HR should prove to employers it can use effectively and  once proven,  which employers should learn to trust.  Used wisely, it can go a long way towards proactively identifying threats of workplace violence and can be incorporated into all phases of the employee life cycle.   Steps which HR can take in combination with leveraging its insight include:
  • Conducting legally compliant screening and background checks, then evaluating all results with sound (and consistent) judgement especially with regard to any criminal infractions.
  • Fostering a workplace and culture that is free of any form of discrimination – including casual racism – an environment where employees sincerely believe that they can voice their complaints and express themselves safely without fear of retaliation. 
  • Promptly resolving employee conflicts and conducting prompt, thorough and impartial investigations when appropriate.
  • Educating managers on signs of employees demonstrating potentially violent behavior.
  • Establishing employee assistance programs to help employees manage behaviors which could lead to workplace violence.
  • Designing emergency policies and procedures with specific steps for dealing with workplace violence, and training employees and managers on same.

These steps only scratch the surface of what HR can – and must do – to help prevent workplace violence. Although greater detail is beyond the scope and intent of this post, one highly recommended starting point for designing your own program to prevent workplace violence is an excellent publication by the Department of Homeland Security titled, “Active Shooter: How to Respond”.   This document is free of charge and the link to it appears below at the end of this post.


We hope you found this post helpful and thank you for sharing it with your friends and associates.
  • ​Related: “Macro-aggression:  The Next HR Nightmare? (Or Why You Should Listen to Your Mother)”
  • Related: "Is Diversity Destroying Your Company? THE SEQUEL..."
  • Related: "HR Audits & Due Diligence"
  • Related: Department of Homeland Security publication, “Active Shooter: How to Respond”
This website (including its blog posts) is a service provided by PhoenixHR LLC, its partners, affiliates or subsidiaries (collectively, "Provider").  This website does not provide legal advice and Provider is not a law firm.  Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want legal advice. No attorney-client or confidential relationship exists or will be formed between you and Provider or any of our representatives.

3 Ways To Crush Your Job Interview

3/2/2016

 
Introducing "HR OverEasy"​:
A new video series 
of quick & useful workplace tips presented in 3 minutes or less.

3 Ways to Crush Your Job Interview

In this post:
Watch the video below to discover 3 sure-fire ways to crush your next job interview
(but remember: eggs are messy when crushed!) 


Related:  "A Robot Wrecked My Resume".
Related: "The Fight for Jobs".
Related: "Warning: This is Not Your Father's Job Market".
Click here to explore our HR services.
Click here to explore our Resume services.

The California Fair Pay Act Tightrope: How to Do the Right Thing & Still Achieve Company Goals

2/3/2016

 
California Fair Pay Act
Implemented on January 1, 2016, the California Fair Pay Act is one of the toughest equal pay laws in the US.  (Employers outside California will also want to read this post for strategy insights because the Federal government is currently considering updates to its own equal pay laws).

The Problem: 84 Cents on the Dollar

The California Fair Pay Act takes on a very real problem: according to 2013 US Census data, full time women workers in the state were paid a median of 84 cents for every dollar paid to men (and the difference is worse for Latina and African-American women).

California Fair Pay Act Requirements: A Summary

Prior state law required employers to provide "equal pay for equal work"...namely, they could not pay  employees less than the rate paid to an opposite-sex employee in the "same establishment" for "equal work" that required "equal skill, effort and responsibility".  The new California Fair Pay Act broadens prior state law in 2 significant ways:
  1. It replaces "equal work" with "substantially similar work".  “Substantially similar work” means a combination of skill, effort and responsibility that is performed under similar working conditions. "Equal work" no longer means the exact same job title, function or duties.
  2. The "same establishment" rule is gone.  Employees who believe they are being paid unfairly can compare themselves to employees in other locations or geographies.  
To understand what these changes mean in the real world, consider these scenarios cited in a recent Los Angeles Times article (link at the end of this post): "A female housekeeper who cleans hotel rooms, for example, may challenge higher wages paid to a male janitor who cleans the lobby and banquet halls, said Jackson. Similarly, a female grocery clerk could challenge a male clerk's higher wages at a store owned by the same employer but located a few miles away."

As with most laws of this kind, the burden is on the employer to prove that any pay differences are legal and justified.  Wage differences between employees of different genders who perform "substantially similar work" can be justified only if the employer can show that all of the following 3 conditions apply:

Condition 1: The pay difference is based on one (or more) of these 4 factors:
  1. A seniority system.
  2. A merit system.
  3. A system that measures earnings by quantity or quality of production.
  4. A "bona fide" factor other than sex, such as education, training or experience (see "Note on Bona Fide Factors" below for important details).
Condition 2:  Each factor the employer relies on must be applied "reasonably" (but unfortunately, the Act fails to define "reasonably").
Condition 3: The factor(s) relied on must account for the entire pay difference.

Note on "Bona Fide Factors": To successfully defend a pay difference based on "a bona fide factor other than sex", the employer must show that the "bona fide factor" is not gender based, is job-related and is consistent with "business necessity".  “Business necessity” specifically means the employer has an "overriding legitimate business purpose" and the factor being relied upon effectively fulfills the business purpose it supposedly serves.  If the employee questioning his or her pay shows that an alternative business practice exists that would serve the same business purpose without creating the pay difference, the employer cannot rely on the "business necessity" defense.  It is also important to note that although market conditions and geographic differences can still be cited as "bona fide" factors, either one by itself will no longer justify a wage difference under the new law.  Other provisions of significance for employers:

No Pay Secrecy: 
consistent with other similar laws already on the books, employers cannot prohibit employees from:
  • Disclosing their own wages.
  • Discussing the wages of others. 
  • Asking about another employee's wages. 
  • Aiding or encouraging other employees to exercise their rights under the Fay Pay Act.
Interestingly, the Act does not require employers to disclose wages when asked...in fact, the Act does not even legally require an employer to respond to an employee who approaches the employer with  a complaint under the Act.  But employers are encouraged to think carefully before deploying any such "duck and cover" defenses in favor of considering the "Success Strategies" recommended below.

Protection from Retaliation: 
Once again echoing other similar laws, the Fair Pay Act prohibits employers from terminating, discriminating or otherwise retaliating against an employee who:​
  • Exercises his or her rights under the Act.
  • Assists others in exercising their rights; or
  • Acts in any way to invoke or enforce the Act, such as bringing a complaint with the Labor Commissioner.
Records:  Employers must keep the following employee records for three years (prior law required only 2 years):
  • Wages and wage rates.
  • Job classifications.
  • Other terms and conditions of employment.

Legal Exposure

The cost of non-compliance with the California Fair Pay Act is high.  An employee can file a claim with the Division of Labor Standards Enforcement (DLSE).  Either the Department of Industrial Relations or the DLSE can bring a civil action on behalf of the employee for the amount of unpaid wages due to the pay difference plus an equal amount in liquidated damages.  So if $25,000 were deemed owed due to an unlawful wage difference, the employee would get an additional $25,000 or $50,000 total.

An employee could also elect to file a civil law suit for the amount of wages not fairly paid plus an equal amount of liquidated damages plus interest, costs of suit and reasonable attorneys' fees.  Employers are strongly encouraged to think carefully before relying on these "escape routes" and consider the strategies in the next section.

Success Strategies

Systems, Systems, Systems
Look again at the 4 factors that justify a pay difference as lawful under the new Act: 3 of them have to do with systems (a seniority system, merit system, system for measuring production).  Employers need to ensure their systems can rise to the occasion.  How?
  • Document: All too often, pay-related systems are verbal practices or, if documented, not  maintained correctly.  
  • Honor Published Policy or Update It:  Another dangerous scenario is when pay-related systems are documented and published, but then ignored...such as merit systems that go unimplemented year over year due to company financial issues but without resetting employee expectations. 
  • Audit and Get a Solid Baseline:  do a thorough HR audit...examine/update job descriptions, review any existing pay ranges for internal and external equity and proactively identify where you might have unlawful pay differences - then develop action plans to fix them.  If an employer ever has to defend a equal pay wage claim before the state, it plays well to be able to show that the company was already taking corrective action without being "forced" to.

Partner with HR
Many potentially unlawful pay differences originate at the earliest possible point: the time of hire. Especially with hard-to-fill (e.g. big data ,marketing) or "life blood" positions (e.g. a sales force) it is not unusual for an employer to fill requisitions via a employee referral network (sometimes even a "good ol' boy network" of someone-who-knows-someone) that relegates Human Resources to an after-the-fact boarding role once management has already determined new hire pay.  Such practices jeopardize compliance with the new Act, especially if pay grades and other compensation control are under HR's purview on paper but not in actual practice.  Employers will find that HR can reduce legal liabilities much more effectively if it is allowed to partner with hiring managers proactively rather than a reactively.  Hiring managers should make HR part of the total selection process, and use HR to do a reality check of proposed new hire pay to ensure compliance  with the new Act. 

Be Transparent
Just because an employer is not legally required to disclose wages or even respond to an employee internal complaint under the Fair Pay Act does not mean that's a good compliance strategy.  Being evasive on the grounds a given employer behavior is  not legally required will only frustrate employees, lead them to think the company has "something to hide" and encourage them to go to  outside and get a lawyer.  Being transparent will promote credibility among employees and help foster the belief that they are, in fact, being treated fairly and lawfully.  Effective transparency simply requires a little creativity (for example, employers may not have to disclose specific wages but they can certainly disclose wage ranges for the jobs in question) and preparation (e.g.,  training managers and/or HR  how to make pay decisions that are truly objective and comply with requirements of the new Act.)

In closing, these strategies are effective, but doing them right can consume bandwidth.  For small and medium sized employers with no HR - or HR staff with limited time or expertise - PhoenixHR LLC can help with a wide range of relevant services such as:
  • Conducting HR Audits.
  • Constructing job descriptions, pay ranges and integrating them into meaningful, defensible compensation plans.
  • Training managers and HR staff to handle employee complaints more effectively.
  • Effectively resolving complaints by conducting third-party investigations that help prevent litigation and build company credibility.​
We hope you found this post helpful and thank you for sharing it with your friends and associates.

Click here to learn more about our HR consulting services.
Click here to request a Free Quote for HR Services.
Related: The Amazon Debate & Restoring Balance to the (Work) Force
Link to Los Angeles Times article on California Fair Pay Act  
​
​This website (including its blog posts) is a service provided by PhoenixHR LLC, its partners, affiliates or subsidiaries (collectively, "Provider").  This website does not provide legal advice and Provider is not a law firm.  Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want legal advice. No attorney-client or confidential relationship exists or will be formed between you and Provider or any of our representatives.
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