According to the WSJ (6/6/2009), organizations are facing new complications with the economy, layoffs, and the WARN Act. The article provides an interesting perspective on the issues -- and some very relevant information to the understanding of the act. The number of WARN act related cases have "tripled" according to attorneys. But it gets much more complicated. Organizations are stating the complications of today's economy are making it more difficult to "comply" with the WARN Act -- and in some cases counter to good business decisions.
Interestingly the WARN Act does provide several key exceptions which apply. One of them is that a company that is "faltering" does not have to provide notice if it believes the warning will hurt its efforts to raise new capital. Certainly applies in many cases today. There are also exceptions for "natural disasters" and for changes in business circumstances that weren't "reasonably foreseeable." We could have an interesting debate about that last part -- but it certainly applies to some things today.
Monday, July 06, 2009
Monday, June 29, 2009
HR: Milwaukee County Workweek
An arbitrator's ruling Monday morning (6/29/2009) threw out Milwaukee County Executive Scott Walker's shortened workweek for nearly 2,000 union workers. The five hour reduction...
Comment: The union representing Milwaukee County's workers challenged the County Executive's order to reduce costs and budget shortfalls. Playing the "rules are rules" contract language game, the arbitrator's ruling was probably pretty predictable. But here's what's just as easy to predict -- the easily predictable consequence (not unintended) that this will lead at some point to further staff reductions. The union saves hours (and admittedly employee's wages) today -- but sometime in the very near future, more employees will lose their jobs altogether!!!
Comment: The union representing Milwaukee County's workers challenged the County Executive's order to reduce costs and budget shortfalls. Playing the "rules are rules" contract language game, the arbitrator's ruling was probably pretty predictable. But here's what's just as easy to predict -- the easily predictable consequence (not unintended) that this will lead at some point to further staff reductions. The union saves hours (and admittedly employee's wages) today -- but sometime in the very near future, more employees will lose their jobs altogether!!!
HR: Supreme Court Decision
According to reports from the WSJ, The Supreme Court has ruled that white firefighters in New Haven, Conn., were unfairly denied promotions because of their race, reversing a decision that high court nominee Sonia Sotomayor endorsed as an appeals court judge.
New Haven was wrong to scrap a promotion exam because no African-Americans and only two Hispanic firefighters were likely to be made lieutenants or captains based on the results, the court said Monday in a 5-4 decision. The city said that it had acted to avoid a lawsuit from minorities.
The ruling could alter employment practices nationwide, potentially limiting the circumstances in which employers can be held liable for decisions when there is no evidence of intentional discrimination against minorities.
Comment: Each case like this has its own unique characteristics. What is clear from this is the last paragraph and its implications for organizations to make sure their employment practices are sound.
New Haven was wrong to scrap a promotion exam because no African-Americans and only two Hispanic firefighters were likely to be made lieutenants or captains based on the results, the court said Monday in a 5-4 decision. The city said that it had acted to avoid a lawsuit from minorities.
The ruling could alter employment practices nationwide, potentially limiting the circumstances in which employers can be held liable for decisions when there is no evidence of intentional discrimination against minorities.
Comment: Each case like this has its own unique characteristics. What is clear from this is the last paragraph and its implications for organizations to make sure their employment practices are sound.
Wednesday, June 24, 2009
HR: Trend Watching
According to an HR Executive webinar on "EEO Trends," June, 2009, there are four key trends that HR should be watching closely based on the combination of new laws and a new administration.
- High Unemployment Rate is driving up claims. According to the research, the unemployment rate is the single largest predictor of employment law case filings. Increased filings, increased costs for investigation/defense by organizations.
- Rise in Retaliation Claims -- along with age discrimination the biggest contributors to a 16.% rise in EEOC claims.
- Race-Based Claims -- 35% of all claims. Diversity initiatives are not enough and not a justification for ignoring the dangers of racial discrimination.
- Sexual Orientation and Gender Identity. Expected legislation that will add sexual orientation and perhaps gender identity to Title VII "protected classes." Training Requried for all managers, as well as rank-and-file employees!
HR: Brett Favre
Since the Brett Favre "retirement" series started over a year ago, I've only had some perpheral thoughts about how this might relate to HR and/or management. I've had a few very short discussions about it with my sons -- avid Favre fans. But on June 12, it became an HR issue based on an article posted from i4cp.
In the article the author raises leadership, particularly succession issues, for organizations using Brett Favre's actions as the key focus. Pointing out that "far too many leaders just cannot let go. They hang around until they are asked to leave -- they have nowhere to go."
Comment: My latest big project, The Performance Project (www.performance-project.com) is studying management and leadership issues for the worlds of live performing arts (singing groups, plays) and sports (to a somewhat lesser extent because it's been done by many). But here's another question that makes a good connection. What's the responsibility of leaders to prepare, support, train...for the career management skills needed to begin, continue, and end careers effectively?
In the article the author raises leadership, particularly succession issues, for organizations using Brett Favre's actions as the key focus. Pointing out that "far too many leaders just cannot let go. They hang around until they are asked to leave -- they have nowhere to go."
Comment: My latest big project, The Performance Project (www.performance-project.com) is studying management and leadership issues for the worlds of live performing arts (singing groups, plays) and sports (to a somewhat lesser extent because it's been done by many). But here's another question that makes a good connection. What's the responsibility of leaders to prepare, support, train...for the career management skills needed to begin, continue, and end careers effectively?
Tuesday, June 23, 2009
HR: Supreme Court on Age Discrimination
According to a post from SHRM (6/22/09), a ruling by the U.S. Supreme Court makes it more difficult for workers to prove in court their claims that they were the targets of workplace discrimination because of their age. In a 5-4 decision, the high court ruled that, in a case alleging disparate treatment in violation of the Age Discrimination in Employment Act, the worker must prove that age was the decisive factor in the action taken by the employer, even if there is evidence that age played some role in the employer's decision.
Comment: The ruling was a Supreme Court typical 5-4 but in the time when Baby Boomers are facing the challenges that all job seekers are facing today, it's interesting to note. It's particularly interesting because of the element saying the worker must prove that age was the decisive factor.
Comment: The ruling was a Supreme Court typical 5-4 but in the time when Baby Boomers are facing the challenges that all job seekers are facing today, it's interesting to note. It's particularly interesting because of the element saying the worker must prove that age was the decisive factor.
Monday, June 22, 2009
HR: EEOC Questions HRA's
According to an Employee Benefit News posting (6/19/09), the EEOC has raised questions about the use of Health Risk Assessments, "a proven effective tool in the fight against rising group health insurance costs." While the U.S. Department of Labor has unequivocally endorsed the use of HRA's, the EEOC, in what fortunately right now is just a discussion and not an official opinion, has questioned whether or not HRA's might violate the Americans with Disabilities Act.
Comment: Not Yet???? Hopefully this resolves itself before it becomes a real issue for organizations. If it does, it's another example of the potential inconsistencies with the "plethora" of legislation faced by HR. If it doesn't become an issue, it's still a sign that HR continually faces the potential of these inconsistencies being raced.
Comment: Not Yet???? Hopefully this resolves itself before it becomes a real issue for organizations. If it does, it's another example of the potential inconsistencies with the "plethora" of legislation faced by HR. If it doesn't become an issue, it's still a sign that HR continually faces the potential of these inconsistencies being raced.
L: The Sack Lunches - Recognition
OK - this story may be a bit outside this blog -- No it's not because it is about recognition, people doing their jobs, and more...
I put my carry-on in the luggage compartment and sat down in myassigned seat. It was going to be a long flight. 'I'm glad I have a good book to read. Perhaps I will get a short nap,' I thought.
Just before take-off, a line of soldiers came down the aisle and filled all the vacant seats, totallysurrounding me. I decided tostart a conversation.'Where are you headed?' I asked the soldier seated nearest to me.'Petawawa. We'll be there for two weeks for special training, and thenwe're being deployed to Afghanistan.
After flying for about an hour, an announcement was made that sack lunches were available for five dollars. It would be several hours before we reached the east, and I quickly decided a lunch would help pass the time. As I reached for my wallet, I overheard a soldier ask his buddy if he planned to buy lunch. 'No, that seems like a lot of money for just a sack lunch. Probablywouldn't be worth five bucks. I'll wait till we get to base his friend agreed. I looked around at the other soldiers. None were buying lunch. Iwalked to the back of the plane and handed the flight attendant a fifty dollar bill.' Take a lunch to all those soldiers.' She grabbed my arms and squeezed tightly. Her eyes wet with tears, she thanked me. 'My son was a soldier in Iraq; it's almost like you are doing it for him. 'Picking up ten sacks, she headed up the aisle to where the soldiers were seated. She stopped at my seat and asked, 'Which do you like best - beef or chicken?'' Chicken,' I replied, wondering why she asked. She turned and went to the front of plane, returning a minute later with a dinner plate from first class. 'This is your thanks.' After we finished eating, I went again to the back of the plane, heading for the rest room. A man stopped me. 'I saw what you did. I want to be part of it. Here, take this.' He handed me twenty-five dollars.
Soon after I returned to my seat, Isaw the Flight Captain coming down the aisle, looking at the aisle numbers as he walked, I hoped he was not looking for me, but noticed he was looking at the numbers only on my side of the plane. When he got to my row he stopped, smiled, held out his hand, and said,'I want to shake your hand.' Quickly unfastening my seatbelt I stood and took the Captain's hand. With a booming voice he said, 'I was a soldier and I was a military pilot. Once, someone bought me a lunch. It was an act of kindness I never forgot.' I was embarrassed when applause was heard from all of the passengers.
Later I walked to the front of the plane so I could stretch my legs. A man who was seated about six rows in front of me reached out his hand, wanting to shake mine. He left another twenty-five dollars in my palm. When we landed I gathered my belongings and started to deplane. Waiting just inside the airplane door was a man who stopped me, put something in my shirt pocket, turned,and walked away without saying a word. Another twenty-five dollars!
Upon entering the terminal, I saw the soldiers gathering for their trip to the base. I walked over to them and handed them seventy-five dollars. 'It will take you some time to reach the base. It will be about time for a sandwich. God Bless You.' Ten young men left that flight feeling the love and respect of their fellow travelers. As I walked briskly to my car, I whispered a prayer for their safe return. These soldiers were giving their all for our country. I could only give them a couple of meals. It seemed so little...
A veteran is someone who, at one point in his life, wrote a blank check made payable to 'The United States of America ' for an amount of 'up to and including my life.' That is Honor, and there are way too many people in this country who no longer understand it.'
I put my carry-on in the luggage compartment and sat down in myassigned seat. It was going to be a long flight. 'I'm glad I have a good book to read. Perhaps I will get a short nap,' I thought.
Just before take-off, a line of soldiers came down the aisle and filled all the vacant seats, totallysurrounding me. I decided tostart a conversation.'Where are you headed?' I asked the soldier seated nearest to me.'Petawawa. We'll be there for two weeks for special training, and thenwe're being deployed to Afghanistan.
After flying for about an hour, an announcement was made that sack lunches were available for five dollars. It would be several hours before we reached the east, and I quickly decided a lunch would help pass the time. As I reached for my wallet, I overheard a soldier ask his buddy if he planned to buy lunch. 'No, that seems like a lot of money for just a sack lunch. Probablywouldn't be worth five bucks. I'll wait till we get to base his friend agreed. I looked around at the other soldiers. None were buying lunch. Iwalked to the back of the plane and handed the flight attendant a fifty dollar bill.' Take a lunch to all those soldiers.' She grabbed my arms and squeezed tightly. Her eyes wet with tears, she thanked me. 'My son was a soldier in Iraq; it's almost like you are doing it for him. 'Picking up ten sacks, she headed up the aisle to where the soldiers were seated. She stopped at my seat and asked, 'Which do you like best - beef or chicken?'' Chicken,' I replied, wondering why she asked. She turned and went to the front of plane, returning a minute later with a dinner plate from first class. 'This is your thanks.' After we finished eating, I went again to the back of the plane, heading for the rest room. A man stopped me. 'I saw what you did. I want to be part of it. Here, take this.' He handed me twenty-five dollars.
Soon after I returned to my seat, Isaw the Flight Captain coming down the aisle, looking at the aisle numbers as he walked, I hoped he was not looking for me, but noticed he was looking at the numbers only on my side of the plane. When he got to my row he stopped, smiled, held out his hand, and said,'I want to shake your hand.' Quickly unfastening my seatbelt I stood and took the Captain's hand. With a booming voice he said, 'I was a soldier and I was a military pilot. Once, someone bought me a lunch. It was an act of kindness I never forgot.' I was embarrassed when applause was heard from all of the passengers.
Later I walked to the front of the plane so I could stretch my legs. A man who was seated about six rows in front of me reached out his hand, wanting to shake mine. He left another twenty-five dollars in my palm. When we landed I gathered my belongings and started to deplane. Waiting just inside the airplane door was a man who stopped me, put something in my shirt pocket, turned,and walked away without saying a word. Another twenty-five dollars!
Upon entering the terminal, I saw the soldiers gathering for their trip to the base. I walked over to them and handed them seventy-five dollars. 'It will take you some time to reach the base. It will be about time for a sandwich. God Bless You.' Ten young men left that flight feeling the love and respect of their fellow travelers. As I walked briskly to my car, I whispered a prayer for their safe return. These soldiers were giving their all for our country. I could only give them a couple of meals. It seemed so little...
A veteran is someone who, at one point in his life, wrote a blank check made payable to 'The United States of America ' for an amount of 'up to and including my life.' That is Honor, and there are way too many people in this country who no longer understand it.'
HR: Internet Passwords
According to a widely distributed story (6/21/09), the city of Helena, Montana has a statement in its application process stating "Please list any and all current personal or business Web sites, web pages or memberships on any Internet-based chat rooms, social clubs or forums, to include, but not limited to Facebook, Google, Yahoo, YouTube.com, MySpace, etc."
To state that this has caused an uproar is putting in mildly. While the city states that nothing happens if someone refuses to answer the questions and they further state the question is not "scored" as part of the selection process, this is an amazing example of either bureaucractic or human resource stupidity. From the story and the challenges already raised to this statement being included on the application form, it appears extremely doubtful this statement will last more than the next week or so. That's good -- but does anyone believe this is the end of such nonsense?
What I would be very comfortable predicting at this point is that "someday" an employee, with an above average performance rating, will be discovered to have not included their Facebook ID and Password for their "private" site which just happens to contain some great pictures of their membership in the "Thursday-Bar-Nite" group from their college days. They will fired, unfotunately in a situation that has already happened too often, not for performance but for "lying on their application form."
Comment: Again, for now I think this disappears quickly from the "Wild Montana Skys" (a free book to the first couple people who know why I made that reference). But it still reeks of something HR should not have done or should never have allowed if it was proposed by others.
To state that this has caused an uproar is putting in mildly. While the city states that nothing happens if someone refuses to answer the questions and they further state the question is not "scored" as part of the selection process, this is an amazing example of either bureaucractic or human resource stupidity. From the story and the challenges already raised to this statement being included on the application form, it appears extremely doubtful this statement will last more than the next week or so. That's good -- but does anyone believe this is the end of such nonsense?
What I would be very comfortable predicting at this point is that "someday" an employee, with an above average performance rating, will be discovered to have not included their Facebook ID and Password for their "private" site which just happens to contain some great pictures of their membership in the "Thursday-Bar-Nite" group from their college days. They will fired, unfotunately in a situation that has already happened too often, not for performance but for "lying on their application form."
Comment: Again, for now I think this disappears quickly from the "Wild Montana Skys" (a free book to the first couple people who know why I made that reference). But it still reeks of something HR should not have done or should never have allowed if it was proposed by others.
Sunday, June 14, 2009
HR: Competitive Perks - Reality
I have always raised a question about organizations promoting "great benefits" as a recruiting tool -- in part because 1) everybody says that and 2) in my professional opinion, you should be significantly above the 50% percentile in benefits to be able to honestly make that statement.
But according to a "Facts & Figures" notes in HR Executive, 6/02/09, 72% of adults surveyed believe they receive benefits that are better than, or as good as, what most other companies offer.
Comment: Chalk this up to "economic ignorance" or the "B.S. works!"
But according to a "Facts & Figures" notes in HR Executive, 6/02/09, 72% of adults surveyed believe they receive benefits that are better than, or as good as, what most other companies offer.
Comment: Chalk this up to "economic ignorance" or the "B.S. works!"
Saturday, June 13, 2009
HR: Honoring USERRA Rights
According to HR Executive, 6/02/09, an Air Force Reservist was awarded nearly $1 million in a lawsuit against his former employer (Wachovia (formerly Prudential). He returned from active duty following 9/11 to find his accounts gone and his job position reduced.
Comment: I've have always strongly advocated for the laws/regulations that provide support and assistance for the brave men and women who serve our country. Part of it's personal -- the G.I. Bill paid for most of my graduate education. So I'm strongly in favor of supporting our military. I've also suggested (warned) that we can expect further legislation in this area because of our current commitments to national security and fighting terrorism. So it's very important for organizations to make sure they are complying with the requirements of USERRA and other requirements for supporting our service men and women.
Comment: I've have always strongly advocated for the laws/regulations that provide support and assistance for the brave men and women who serve our country. Part of it's personal -- the G.I. Bill paid for most of my graduate education. So I'm strongly in favor of supporting our military. I've also suggested (warned) that we can expect further legislation in this area because of our current commitments to national security and fighting terrorism. So it's very important for organizations to make sure they are complying with the requirements of USERRA and other requirements for supporting our service men and women.
HR: Layoff Choice: Lottery or Performance? Duh?
According to a note in "HR Executive" (6/02/09), teachers in Oregon will be laid off -- as determined by a lottery. Forced by budget cuts, the lotteries are "necessary" because each year's net set of teachers share the same length of service.
Comment: Darn it! Why haven't more organizations thought of this brilliant way of making layoffs. Why think about the actual needs of the schools -- or even more scary the needs of the students? Let's just use a lottery -- get rid of a math teacher, or a 5th grade teacher, and keep another teacher that a real world needs analysis might show is easier to work without. Or better yet: how about looking at performance? That's a really weird idea! Darn it!
Comment: Darn it! Why haven't more organizations thought of this brilliant way of making layoffs. Why think about the actual needs of the schools -- or even more scary the needs of the students? Let's just use a lottery -- get rid of a math teacher, or a 5th grade teacher, and keep another teacher that a real world needs analysis might show is easier to work without. Or better yet: how about looking at performance? That's a really weird idea! Darn it!
HR: Confused over Swine Flu
In HR Executive (06/02/2009) an article discusses the "Swine Flu Blues." Just since the publication of this, WHO has raised the level of the illness to a full fledged world pandemic -- and in Milwaukee, a third death was reported.
Comment: But I'm confused. As of May 12, there were 5,720 people infected with 58 deaths in 33 countries. In the U.S. 3009, cases and three deaths (now at least 4). In the article discussing this, HR and legal experts that if the situation worsens, HR will have a "big job," creating policies to ensure the safety of employees and making arrangements for "large scale" absenteeism of employees. But I'm confused. Regular seasonal influenza forces more than 200,000 hospitalizations each year in the United States and 30,000 deaths annually. Why are we suddenly calling for "making plans" when the data suggests we should have had them a long time ago -- on a regular basis for something that is -- and has been -- significantly more influential on our employees and productivity.
Comment: But I'm confused. As of May 12, there were 5,720 people infected with 58 deaths in 33 countries. In the U.S. 3009, cases and three deaths (now at least 4). In the article discussing this, HR and legal experts that if the situation worsens, HR will have a "big job," creating policies to ensure the safety of employees and making arrangements for "large scale" absenteeism of employees. But I'm confused. Regular seasonal influenza forces more than 200,000 hospitalizations each year in the United States and 30,000 deaths annually. Why are we suddenly calling for "making plans" when the data suggests we should have had them a long time ago -- on a regular basis for something that is -- and has been -- significantly more influential on our employees and productivity.
HR: Milwaukee Sick Leave Mandate
On Friday, 6/12/09, a Milwaukee County Circuit Judge ruled that city's paid sick leave ordinance mandating private employers provide paid sick leave was "invalidly enacted and unconstitutional." In a 38-page decision, the Judge wrote "this is a case where the proposed ordinance's reach exceeds its grasp."
Comment: As clearly noted in press reports about this decision, it's not over -- but it also makes it clear that attempts to impose provide sick leave have to be more clearly in line with a number of other issues, including consistency with current federal laws. One of the bigger arguments that arose in this case is the issue of local, state, versus national legislation. My biggest concern, as is often true, is that what may seem like small victories for a group advocating expand leave are in fact not victories unless the issue is taken on at a national level. As noted in other postings on this specific issues, there are 1) clearly documented cases of businesses rejecting Milwaukee locations for expanded business opportunities because of this "mandate," and 2) I know directly of several organizations saying they would look at moving operations out of the city solely because of this mandate.
Comment: As clearly noted in press reports about this decision, it's not over -- but it also makes it clear that attempts to impose provide sick leave have to be more clearly in line with a number of other issues, including consistency with current federal laws. One of the bigger arguments that arose in this case is the issue of local, state, versus national legislation. My biggest concern, as is often true, is that what may seem like small victories for a group advocating expand leave are in fact not victories unless the issue is taken on at a national level. As noted in other postings on this specific issues, there are 1) clearly documented cases of businesses rejecting Milwaukee locations for expanded business opportunities because of this "mandate," and 2) I know directly of several organizations saying they would look at moving operations out of the city solely because of this mandate.
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