Hrp new digital format

Volume 2 : Issue 5 TM

www.HRprosMemphis.com

EEOC Issues

Guidelines on Criminal Background Checks

Legal Guide

for Employee Documentation

Judy B. Nail

Director MS SHRM State Council

Highlights from the MS SHRM

Conference & Expo

8 Steps

to Retirement Plan Success

Bringing Human Resources & Management Expertise to You

of companies utilize criminal record checks during the preemployment screening process.

www.HRprosMemphis.com Editor Cynthia Y. Thompson, MBA, SPHR Publisher TheThompsonHRFirm

HR Consulting and Employee Development

Art Direction Brantley Bowden & Co. Park Avenue Design Contributing Writers Voss Graham Robert C. Koerber Lisa P. May J. Randall Patterson Ken Parkinson Contributing Photographer Creation Studios Photography & Videography Board of Advisors Austin Baker Jonathan C. Hancock Ross Harris, CFO, CFA Diane M. Heyman, SPHR John E. Megley III, PhD Terri Murphy Susan Nieman Robert Pipkin Michael R. Ryan, PhD

Features 4

Letter from the Editor

6

Profile: Judy B. Nail

11 Legal Guide to Employee Documentation 14 Eight Steps to Retirement Plan Success 17 Mississippi SHRM Chapter Presidents 19 Improving Workplace Communications 24 Get Involved for Change Process to Succeed 26 Criminal Records in Employment Decisions

Departments 5 Advocacy 25 Leadership: Herschel Walker - Entrepreneur 22 HR Scene and Events Calendar

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Photo Highlights from the 2012 MS SHRM Conference An Interview with Dr. Bob Nelson An Interview with Lafe Solomon, General Counsel for the NLRB Tips on Developing a Code of Ethics from Nicole Walthour

Columns 8

SHRM-Memphis Bulletin

9

Who’s Who?

Industry News 8 2012 Tennessee SHRM Conference 11 2012 Mississippi SHRM Conference

Next Issue 2012 Arkansas SHRM Conference

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004 Editors Letter:Layout 1

3/5/12

10:04 AM

Page 1

a note from the Editor

a note from the Editor a note from the Editor

HR, Benefits, Payroll, & Wellness –

A Winning Combination!

Do you remember how excited you were when your application for Tuition Reimbursement was approved by your CEO? Wasn’t wonderful to know youyou could finally go your backapplication to school and finish your degree? Howwas approved by Doityou remember how that excited were when for Tuition Reimbursement about when you were selected to attend a specialtoexecutive training eventfinally in thego community?

We alland know what your CEO? Wasn’t it wonderful know that you could back to school finish your degree? How a boost these types of events can be to our careers. about when you were selected to attend a special executive training event in the community? We all know what The Mississippi Resource Conference and Expo held April 3-5 in Biloxi was all this and more! a boostHuman these types of events can be to our careers.

The venue could not have been more exciting – The IP Casino Resort and Spa located on the beautiful Success is difficult to attain without the Mississippi Gulf Coast in the city of Biloxi. We are bringing you the highlights of the conference in this issue.

Success is difficult to attain without the Congratulations to Judy Nail, Director, and the Mississippi State Council on an outstanding conference! proper training and education. proper training and education.

What an honor it was to meet Patrick House from Vicksburg,

I love what David Rutherford, former Navy SEAL, said at the L& P Breakfast Club this month, “You become MS,training. winner of Season 10 Rutherford, of The Biggest Loser. was theat the L& P Breakfast Club this month, “You become elite with Period.”

I love what David former Navy He SEAL, said keynote speaker the Opening elite withfor training.

Period.” General Session. Patrick As HR professionals andinsmall business owners, the importance lost 200 pounds a six-month period! we He know inspired us with of training in the business world.

So this issue focuses on training.

Although technical training is necessary, know the of business world.

As HR professionals and small business owners, wewe know we thealso importance of importance training in the the story of his life-changing weight loss journey. Next soft skills training.

Be sure you read the article about the recent NEA SHRM Conference in Jonesboro.

They So this issue focuses on training.

Although technical training is necessary, we also know the importance of heard the incredible story of Chef Luis Bruno during the Noon presented 7 Minute Life training.

Solutions, newyou book which challenges us Conference to remove the soft skills Beasure readbytheAllyson article Lewis, about the recent NEA SHRM in Jonesboro. They General Session. Chef Luis has served as executive chef distractions, disorganization, unfinished tasks in our lives book and focus on increasing daily productivity. presented 7 and Minute Life Solutions, a new

by Allyson Lewis, our which challenges us to remove the under three Mississippi governors. He lost over 160 pounds To get the entire distractions, presentationdisorganization, from our website, www.HRprosMemphis.com. and unfinished tasks in our lives and focus on increasing our daily productivity. and now races in 5-Ks, 10-Ks and half-marathons! Todd To get the entire presentation from our website, www.HRprosMemphis.com.

Whitthorne, CEO CooperatConcepts in Dallas, TX, Abraham, was the Speaking Up Without Freaking Out We are also bringing youof a glimpse a new book

by Dr. Matt His you insightful presentation showed – Theclosing Secret keynote toWe Giving Good Presentations.

Most of aus learned how develop a good presentation in arespeaker. also bringing a glimpse at new book by Dr.toMatt Abraham, Speaking Up Without Freaking Out Patrick House and Mary Kimball with a pair of Patrick’s pants us the impact of health and wellness on our bottom line. business school.– But, ThePresentations. hard part is effectively delivering to good your The that’s Secretthe to easy Givingpart.

Good Most of us learnedthat howpresentation to before develop a presentation in he won The Biggest Loser. senior management, your school. peers, orBut, yourthat’s staff.the Thiseasy book will The teachhard you part how.is effectively delivering that presentation to your business part. management, your peers, or your staff.

This Healthcare, book will teach you how.

We extendsenior a special thanks to Baker Donelson, United Hardy Reed Independent Investment For your convenience we have added a new feature that will make it easy for you to purchase theseon books Advisors, and Southern Farm Bureau Life Insurance for sponsoring the specialboth section the conference. instantly by clicking on the Buy Now button at the end of each of these articles.

We hope you will takeboth these books For your convenience we have added a new feature that will make it easy for you to purchase I know you will enjoy the articles and photos from the Conference! advantage of thisinstantly special new feature.on the Buy Now button at the end of each of these articles. We hope you will take by clicking advantage of this special new feature.

Next month we will bring you highlights from the Arkansas SHRM State Conference and Expo held in Springdale in Don’t forget to sign up for exclusive content from our website including HR theNews beautiful Ozark Mountains. to mark your Alerts and Breaking ourforprofession.

You Don’t willfrom alsoforget receive Don’t forget toabout sign up exclusive content our website including HR calendars fornetworking the 2012 Tennessee SHRM Conference invitations to our seminars and events! are invited to will Alerts and Breaking News about ourYou profession.

You also receive Photos from the MS SHRM and Exposition at the Memphis Cook Convention follow me on Twitter @cythomps and visit Facebook page,You areCenter invitations to our seminars andour networking events! invited to State Conference & Expo September 12-14 where willupdates.

“Find the Music in You.” in Biloxi April 3-5, 2012 HR Professionals of Greater Memphis, for theyou latest follow me on Twitter @cythomps and visit our Facebook page, EXCLUSIVEACCESS HTTP://HRPROSMEMPHIS.COM/ HR Professionals ofwww.tnshrmconf.org.

Greater Memphis, for the latest updates. http://hrprosmemphis.com/ EXCLUSIVES/ Register now at EXCLUSIVEACCESS

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Cynthia Y. Cynthia Y. Thompson Thompson| Editor | Editor cynthia@HRprosMemphis Cynthia Y. Thompson | Editor Cynthia@HRprosMemphis.com cynthia@HRprosMemphis

ADVOCACY

SHRM Issues Statement on EEOC’s Guidance Concerning

Criminal Background Checks SHRM’s Position:

(April 25, 2012) By a 4-1 vote, the Equal Employment Opportunity Commission approved the rules for employers who use criminal background checks, calling for careful consideration of how and when such reviews can be used in pre-employment screenings and in the workplace because of their potential to be biased against certain groups, such as racial minorities.

SHRM considers criminal background checks an appropriate tool to help employers make informed hiring decisions while ensuring the safety and well-being of their employees and customers.

The EEOC’s new 55-page document on the use of criminal background checks for job applicants is intended to prevent racial and ethnic discrimination, calls on employers to use criminal background checks only when they can show they are jobrelated and necessary for the business. For example, the guidelines say employers should consider the "nature of the crime, the time elapsed and the nature of the job."

We appreciate the bipartisan nature in which the guidance was developed. SHRM recognizes that the EEOC held hearings and met with stakeholder groups on the use of criminal background checks in hiring, but we continue to believe that a public comment period should have been part of the development of the guidance.

The EEOC acted in part because blacks and Hispanics are far more likely to get caught up in the legal system. Given current incarceration rates, about one in 17 white men are likely to serve time in prison during their lifetimes, compared with one in three African-American men, and one in six Hispanic men.

The EEOC does not have the authority to ban “all uses of arrest or conviction records or other screening devices,” said EEOC spokeswoman Christine Nazer.

“The EEOC simply seeks to ensure that their use are undertaken carefully to ensure that employment opportunities are not denied inappropriately.”

To that end, she added, the new guidance from the EEOC: • Focuses on criminal record screening and employment discrimination based on race and national origin.

• Discusses the differences between the treatment of arrest and conviction records.

• Reviews the disparate treatment and disparate impact of such reviews.

According to the most recent data from the Society of Human Resource Management, about 73 percent of employers currently use criminal background checks on all employees.

SHRM is pleased that the guidance does not appear to impose a one-size-fits-all set of rules on employers and seems to take into consideration that every employer will have different needs and concerns in the use of criminal background checks in hiring.

We look forward to reading the guidance in its entirety. However, SHRM remains concerned with the potential conflict between this federal guidance and state laws that require criminal background checks in some industries and for some positions. We will continue to work with the commission to address issues related to the use of criminal background checks in hiring.

SHRM has conducted national research that shows a majority of employers are thoughtful in the hiring process and follow practices consistent with law designed to prevent discrimination in hiring. SHRM research in 2006 and 2010 does not show an increase in the use of background criminal checks.

5

Judy B. Nail on the cover

Judy B. Nail, PHR Director, MS State Council of SHRM Human Resource Director Staplcotn, Greenwood, MS

Judy began her career in Human Resources in 1988 at Staplcotn, a cotton marketing and warehousing cooperative, where she is currently the HR Director. She is a graduate of Delta State University with a degree in Business Management.

She joined the local SHRM chapter, Delta Human Resource Management Association (DHRMA), in 1988 where she served in several positions including Secretary/Treasurer, Communications Director, Webmaster, and President. Since 1999, she has served on the board for the Mississippi State Council of SHRM in positions including Secretary/Treasurer, Webmaster, Director Elect, and now Director for 2011-2012. Judy received her PHR certification in 2009 and received the “Spirit of HR Professional of the Year Award” in 2005.

Judy is a certified CPR and First Aid instructor. Her civic duties include serving as board member for the Greenwood Little Theatre, Ambassador for the Greenwood Leflore Chamber of Commerce, an advisory committee member on the Administrative Board of First United Methodist Church in Greenwood, MS, and as Workplace Campaign Chair for the United Way of Leflore County.

Originally from Philipp, MS, Judy is married to Glenn Nail and resides in Carroll County with their four-legged furry children. She enjoys painting and reading in her free time. 

6

Retirement I n d e p e n d e n t I n vPlan e s t m eServices nt Advisors

BULLETIN BULLETIN HR Professionals of the Greater Memphis Area,

SHRM-Memphis SHRM-Memphis

The Society for Human Resource Management (SHRM) in Alexandria, VA has awarded the Silver EXCEL Award designation to SHRM-Memphis for its scope of work in 2011.

Aligning AligningStrategically Strategically

“This recognition demonstrates both the leadership and the successful partnership the chapter has with SHRM to serve the networking and professional development needs of human resource professionals and to the advancement of the human resources HRHR Professionals Professionals of of Greater Greater Memphis, Memphis, profession” noted Pamela J. Green, SPHR, Vice President, U.S. Membership for SHRM. Please join meininthe the 2011 SHRM-Memphis Volunteer Leadership Team AsAs promised promised incongratulating the January January edition, edition, thethe 2011 2011 and and 2012 2012 SHRM-Memphis SHRM-Memphis Board Board of of for all of the hard work and efforts forth in Directors Directors (BoD) (BoD) embarked embarked onon aput journey a journey to 2011! to more more closely closely align align itself itself with with SHRM SHRM National National resulting resulting in three in three strategic strategic initiatives: initiatives: SHRM-Memphis will host, starting in June, a low cost program in which HR professionals can gain up to SEVEN hours of strategic credit towards their HRCI certifications! SHRM 11Increase Increase engagement engagement through through excelling excelling at at thethe primary primary chapter chapter functions: functions: Foundation created a DVD series that is free to chapters to use to organize and facilitate Networking, Networking, Education, Education, Leadership Leadership Opportunities Opportunities and and Building Building Visibility Visibility && high-impact professional development programs. Our local Foundation Chair, Nicole Outreach.

Outreach.

Veternik, is working with consultants and trainers (volunteers) in the Greater Memphis Area to develop a comprehensive program to meet three objectives: 22Develop Develop thethe capability capability to to collect collect and and use use data data in in ways ways that that enable enable usus to to better better understand understand and and meet meet the the core core needs needs of of SHRM SHRM Memphis Memphis members, members, as as 1) T o provide low-cost “STRATEGIC” HRCI credit for SHRM-Memphis members well well as as other other stakeholders stakeholders in in talent talent management management for for the the Greater Greater Memphis Memphis Area.

Area.

(SHRM-Memphis is a 100% Chapter; as long as professionals are members of SHRM National, it is FREE to affiliate with SHRM-Memphis [contact me to learn how

33toBecome Become a more a more effective effective organization organization through through revenue revenue join SHRM-Memphis]);

generation/sustainment, 2) T o expand local fundraising initiatives for SHRM outsourcing Foundation; and generation/sustainment, staffing staffing (paid (paid employees, employees, outsourcing or or volunteer volunteer workforce) 3) To gainand recognition in the efficiencies.

Greater Memphis Area as the #1 HR organization that workforce) and other other process process efficiencies. is serious about our commitment to “Serve the HR Professional and Advance the HR Profession”.

Last Last year, year, SHRM-Memphis SHRM-Memphis worked worked to to further further community community endeavors endeavors making making significant contributions improve significant contributions to to improve thethe local talent pipeline and attract thethe talent local talent pipeline and attract talent The first to program innew the series, “Trust Travels: Thewhat Starbucks Story”, isarea. scheduled needed bring new industry in,in, asas well asas sustain is already thethe area.

The needed to bring industry well sustain what is already The for programming inthe June worth ONE HRCI credit. exact date bebecome announced demand forfor the time and talent ofStrategic SHRM-Memphis is so great that it has become demand time and talent of SHRM-Memphis isThe so great that itwill has innecessary the May and June SHRM-Memphis Newsletters.

Seating isrefine limited and will be on to to back up, take a look atMonthly thethe bigbig picture, sustain and refine current necessary back up, take a look at picture, sustain and current arelationships first registered basis.

Feel free to check our website for updates (www.shrm-memphis. while taking a critical look at at how wewe dodo business, why wewe exist and relationships while taking a critical look how business, why exist and org) in the meantime. The cost of the seminar is $15 for SHRM-Memphis members and what wewe want to to be.be. what want $30 for non-members.

The BoD established three teams of of stakeholders within The BoD established three teams stakeholders within profession thethe HRHR profession in the Greater Memphis in the Greater Memphis Area, notnot necessarily board members, tasked to to Area, necessarily board members, tasked The entire board of directors wishes to thank the “Millennial Talent in Workforce” team from develop short and long range goals in in support of of thethe initiatives. develop short and long range goals support initiatives. the University of Memphis that presented at the SHRM-Memphis April Signature program.

The BoD challenged the teams to be mindful of C-suite concerns, such as,as, they The BoD challenged the teams to be mindful of C-suite concerns, such If you wish to understand who Millennia are, the challenges and opportunities retaining/rewarding the best employees and attracting the best talent to retaining/rewarding the best employees and attracting the best talent to present, and most importantly, how businesses can successfully integrate this their organizations.

WeWe also asked the teams to to give careful consideration their organizations. also asked the teams give careful consideration talented group into their organization, please visit the archived events on the to the seven Core Leadership Areas (CLAs) established by SHRM National: to the seven Core Leadership Areas (CLAs) established by SHRM National: SHRM-Memphis.org website and contact the presenters.

Membership, Government Membership, Government Affairs, Certifications, Workforce Affairs, HRHR Certifications, Workforce Readiness, Readiness, College College Relations, Relations, Diversity Diversity and and SHRM SHRM Foundation.

Meanwhile, SHRM-Memphis and the TNFoundation.

State Conference team continue to look forwould professionals interested in voice getting Contact mefeel now to explore if If you If you would likelike to to ensure ensure your your voice is heard is involved. heard in in these these arenas, arenas, feel free free to to contact contact there isdirectly a need forjulieannawalker@gmail.com your skill set, strengths and passion! meme directly at at julieannawalker@gmail.com or or 901-603-1423.

901-603-1423.

Sincerely, Julieanna Julieanna Walker Walker President, President, SHRM SHRM Memphis Memphis Learn, Learn, Explore, Explore, Network Network and and Enjoy!

Enjoy!

Julieanna Walker Join Join SHRM-Memphis SHRM-Memphis now now at www.shrm-memphis.org. at www.shrm-memphis.org.

2012 SHRM-Memphis President

901-603-1423

8

15 SHRM-Memphis SHRM-MEMPHIS SHRM-MEMPHIS Upcoming UPCOMING UPCOMING Events EVENTS EVENTS

March March 2020thth May 15th

SHRM SHRMMemphis Memphis SHRM-Memphis

HALF-DAY HALF-DAY 7:30 AM to 9:00 AM

Holiday Inn at the LEGAL LEGAL SEMINAR SEMINAR University of Memphis Topics: Topics: ICEICE AgeAge HitsHits thethe Mid-South Mid-South - Topic: F ive Trends Shaping Current Current trends trends in workplace in workplace enforcement enforcement the Future of Work • The New NLRB Playbook: AreAre YouYou • The New NLRB Playbook: Playing By the Rules • NLRB Panel Playing By the Rules • NLRB Panel Speaker: Dr. Bob Nelson Discussion • Legal & Legislative Updates Discussion • Legal & Legislative Updates Sponsored by Merrill Lynch Management Register Register now now at www.shrmatWealth www.shrm-

www.shrm-memphis.org memphis.com. memphis.com.

Registration Registration closes closes March March 16th.

16th.

Sponsors Sponsors areare Baker Baker Donelson Donelson and and Jackson Jackson Lewis.

Lewis.

WEBextras Interview with Dr. Bob Nelson

HTTP://HRPROSMEMPHIS.COM/ EXCLUSIVES/

September September 12-14 12-14 2012 2012 Tennessee Tennessee SHRM SHRM Conference Conference && Exposition Exposition "Find "Find thethe Music Music in in You" You" Tennessee Tennessee SHRM SHRM Conference Conference and and Exposition Exposition at The at The Memphis Memphis Cook Cook Convention Convention Center.

Center.

www.tnshrmconf.org

www.HRprosMemphis.com www.HRprosMemphis.com

17 17

g with evelop s been d with ational nesses mpact

utilize est life itating tomer arding ly and

where ll as a ertified Myers trainer teach

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SHRM-Memphis

WHO’S who?

Getting to know your Board Every issue we spotlight Board members,chairpersons and prominent leaders in the HR and business community.

Jason Callahan – Treasurer James Miller, SPHR Jason Callahan has been a member of SHRM since 2000 and is currently Co-VPs of Programs

photo by Creation Studios

eMaster

SHRM

MEMPHIS

WHO'S who

serving as Treasurer of SHRM-Memphis. Jason was most recently an HR Director for ServiceMaster. Prior to joining ServiceMaster, Jason held a James has been a member of SHRM-Memphis number of positions, including Vice President of HR, Director of Mergers for five years and has served on the Board of 1 & Acquisition, Regional Finance Manager and Engineering Manager Directors as Co-Vice President of Programs his 11 years working for Resources Schneider Electric, a global Fortune 300 since June of 2011. during He is the Director of Human for electrical manufacturer and energy services company headquartered in Paris, France.

Lakeside Behavioral Health System. James has served over ten

HR

years in the healthcare industry in HRfrom positions frominsenior Jason received his bachelor’s degree Baylorranging University Human Resource Management leadership to generalist and recruitment roles.

In his current role as joined SHRM-Memphis and his MBA in Finance from The University of North Texas. Jason Director of HR, he is responsible for all aspects of human resources last year and moved into the Treasurer position in September. Jason is currently participating management for a 305-bed hospital. in the Leadership Academy Fellows Program. He is a mentor to underprivileged students and James holds a BA degree in Psychology from the for HR Executives currently helps coach the baseball team at Westside Middle School in Frayser. He is active University of Memphis and is certified as a Senior Professional in In Partnership with SHRM-Memphis in his church, serving as a youth group leader and has in the past has served as the Chair Human Resources (SPHR) by the HR Certification Institute.

HR Professionals GreaterinMemphis of Finance for hisofchurch Dallas. Jason and his wife Emily, the Chief Marketing Officer at James and his wife Amy have two children, Emma and presented the first of four quarterly ALSAC/St. Jude and their two-yearseminars old daughter, Emerson, moved to Memphis from Dallas in Matthew. are members Bellevue Baptist Church. for 2012 onThey February 16 at theofCrescent late 2010. They are expecting a little boy, Jennings, to be born in June.

STRATEGIC

LEADERSHIP

Club. Sponsors were Lipscomb & Pitts Insurance, DataFacts, Inc., Kiesewetter Law Firm, Jackson Lewis LLP, and Christian Brothers University. Jill Bridges, GPHR Co-VPsattended of Programs 1 Approximately 90 participants the Strategic

2

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JillheldBridges is also a Co-Vice President of Leadership for HR Executives at the Crescent Club on February 16. A wine and cheese reception followed the Programs for 2012. She is an Executive event. (Photo by Creation Studios) 2 Bob Radecki, Development and Career Coach. Jill is with President of Benefit Comply LLC in Minneapolis, MN was Allen Hamilton.

As a consultant, Jill leads the keynote speaker. 3 Booz Jennifer Kiesewetter with Kiesewetter Law Firm spoke on coaching, what plan sponsors executive development team building and change stay current On Tuesday, April 24, the U.S. Senate rejected by a 45-54 vote a SHRM-supported measure should know engagements. about 408(b)(2) As disclosures and feeand facilitator, Jill brings leadership a lead coach (Senate Joint Resolution 36) to block a National Labor Relations Board (NLRB) rule to speed Follow disclosures for 2012. 4 Lisa May with Data Facts, Inc. up labor union representation elections.

With any chance of success for a legislative response to years of business, leadership and human resources experience to Us spoke on the new social media tool that provides a the “quick election” rule now exhausted, the rule became effective on each engagement with hercompliant clients with across the country. In addition to April 30, and it applies to comprehensive candidate profile FCRA, election petitions filed on or after that date.

Title VII, and state laws. She is with Elizabethwork Sellers,also VP of includes small business corporate clients, Jill’s coaching As world’sSecurities, largest professional association human resource professionals, SHRM supports HR for the Wunderlich at the Wine and Cheese for 3

NLRB “Quick Election” Rule Becomes Final Following Senate Vote

owners, high achieving individuals and entrepreneurs.

a balanced labor-management However, it is the Society’s belief that the Reception.

5 approach Bob Radeckitoand company enjoying therelations.

2 3 Aswhich aReception member of followed thespeeds SHRM-Memphis has been NLRB artificially the unionchapter, electionJillprocess, unnecessarily tips that balance Wine and rule, Cheese that the up seminar. in favor of organized Board labor. Throughout regulatory effort, SHRM a SHRM-Memphis member inthis both Communications andhas maintained that current law providesserved an adequate timeState period that allows employees a chance to gather the information they Programs, as a TN SHRM Conference Program Chair need to make an informed choice on whether union representation is a good choice for them. In its and a guest speaker at SHRM affiliation meetings. She has also been Fiscal Year 2011 annual report, the NLRB revealed that the median time from a representation a member of the Memphis Coaches Network organization. As a petition to an election was 38 days last year, and that over 91 memberofofall theelections Conference Executive percent wereBoard’s conducted within Coaching 56 days ofCounsel, Jill presented fee survey findings at the 2008 Executive Coaching the filing of the petition.

Conference While the Senate’s action scuttled legislative efforts to in New York. block the Jill NLRB election rule, federal court challenges holds a Bachelor of Business Administration degree with against the rule are pending. The Coalition for a honors in International Business from the University of MemphisInterview and with Lafe Solomon Democratic Workplace, of which SHRM is a member, Acting is certified as a Global Professional in Human Resources (GPHR)

by General Counsel for the is challenging the NLRB election rule in the U.S. NLRBinon “Quickie Election Rule” the HR Court Certification Institution.

Jill lives with her two children District for the District of Columbia.

SHRM HTTP://HRPROSMEMPHIS.COM/ EXCLUSIVES/ has also submitted an amicus curiae brief in the case Memphis and is active in Stephens Ministry.

4 5 challenging the rule as well.

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Included in Best Lawyers in America® 2011’s list of the top ten firms in the nation for Employee Benefits Law and Workers’ Compensation Law, and in the top fifteen for Labor and Employment Law Listed by U.S. News - Best Lawyers “Best Law Firms” 2011 among the top tiers nationally in the areas of Employment Law Management, Labor Law - Management, and Litigation - Labor & Employment

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The Rules of Professional Conduct of the various states where our offices are located require the following language: THIS IS AN ADVERTISEMENT. Ben Adams is Chairman and CEO of Baker Donelson and is located in our Memphis office, 165 Madison Avenue, Suite 2000, Memphis, TN 38103. Phone 901.526.2000. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. FREE BACKGROUND INFORMATION AVAILABLE UPON REQUEST. © 2012 Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

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Documentation DRAMA

MS SHRM

Conference

in Employment Law Litigation

By J. Randall Patterson, Esq.

Doing business today can be more perilous than ever. In 2011, there were almost 100,000 Charges of Discrimination filed with the Equal Employment Opportunity Commission ("EEOC"). While EEOC Charges do not predict the number of actual lawsuits filed, the rising number of Charges suggests more litigation.

Even scarier, EEOC filings do not factor in the number of lawsuits filed each year asserting only state law claims.

Employer policies and documentation are crucial starting points for defending employment related litigation. For years, there was a vacillating trend with employers whether to have a handbook or not; now they are absolutely essential.

Many states are considered "employment at-will" states which has been broadly defined as a contract of employment for an indefinite period or term which may be terminated by the employer or the employee, with or without cause. Of course, state law doctrine such as this is subject to the anti-discrimination protections of federal employment laws, like Title VII, and others.

There are also some exceptions to employment at-will. The "handbook exception" essentially arises from employer generated policies which obligate that employer to do certain things, such as follow the steps of a progressive discipline system; the courts have held: "We hold the Employer to its word."

The "whistle blower exception" to the "at-will" doctrine provides a cause of action in situations where an employee is fired because he or she refuses to participate in an illegal act, or reports an illegal act by his employer.

It is important to remember that when a Charge of Discrimination or a Complaint is filed, an employer's documentation is often where that claim may be won or lost.

An Equal Employment Opportunity policy is central to any defense, and the absence of such a policy may suggest that workplace equality is not a priority for the employer. That policy should affirmatively set forth the employer's commitment to equal treatment without regard to an individual's membership in protected classes, and should be broad enough to cover applicants as well as employees.

The EEOC policy should be paired with a zero tolerance nonharassment policy and a well-planned procedure for the reporting of perceived acts of discrimination or harassment. To be effective, any reporting procedure must provide multiple avenues for reporting and should firmly place the obligation to do so on the employee. A toll free employee assistance line is an excellent way to encourage timely reporting of harassment or discrimination.

Additionally, at every training session in which employment policies are covered, employees should be given an opportunity, and encouraged to report any perceived violations. Annual training on EEO, anti-discrimination/harassment and reporting is recommended, and a carefully worded training acknowledgment can be invaluable in defending claims that might later arise.

11

Next, documentation of employee discipline must be meticulous, In today's workplace, most employees use computers as part of and should include everything that is required by law as well as what their job, and even those that do not, probably have access to them. is required by the employer's own handbook. Some examples of Inevitably, there are opportunities for business computer systems to documentation that may be required by state or federal law include Form be misused in ways which could result in professional embarrassment I-9, applications for employment, wage or liability for the company. In an effort to and hour records, FMLA notice, and a contain such situations, employers should minimum wage notice. In addition, the institute policies which effectively remove any ... an effective handbook must kinds of documentation that are typically worker expectation of privacy with regard to required by internal policies or practices company electronics. An effective email and include an acknowledgment may include periodic evaluations, annual computer use policy should clearly set the performance reviews, written warnings, boundaries for use, and explain that the entire which every employee signs probationary write-ups, suspensions, system belongs to the company. It must be affirming that they are familiar and overtime approvals. clear that the system should not be used for any improper purpose, such as downloading with company policies...

All employee evaluations should be or otherwise transmitting any libelous completed in a manner consistent with information, sexual or obscene messages or the employer's pattern and practices as images, ethnic or racial slurs, or anything well as how they may be addressed in the handbook. For example, that could be construed as disparaging or harassing of others based on if an employee has a reasonable expectation of receiving a 90-day, or membership in protected classes or that might be prohibited by law. annual evaluation, those evaluations should be timely conducted and must be well documented.

An effective means for having employees acknowledge such policies is through an acknowledgement that by accepting a password and logging onto the system, they agree to abide by the company's Disciplinary write ups as well as evaluations must be done in a fair electronic use policies. and impartial manner and should set out "just the facts" without personal asides or emotional comments. It is imperative that in Other important policies that should be in a handbook include such any such documentation there be no suggestion of improper bias things as employee eligibility for leave, timekeeping, and overtime. or impartiality.

Finally, an effective handbook must include an acknowledgment which every employee signs affirming that they are familiar with company policies, that they have been trained on them, and they understand their employment is on an "at-will" basis.

HR Consulting and Employee Training and Development  HR Department Setup  Employee Handbooks and Policy Development  Compensation and Salary Administration  Benefits Manuals  Job Descriptions

Cynthia Y. Thompson, MBA, SPHR

 Employee Training – Sexual Harassment – Diversity Training  Leadership Development and Executive Coaching  Recruiting and Onboarding

An effective way to manage problems caused by inflated evaluations is to establish a 1 to 5 numerical scale, with 1 being poor and 5 being exceptional. Should a supervisor rate an employee outside of the middle tier - average - or "meets expectations," then that rating would require a supporting narrative. This documentation process generally results in most employees receiving "meets expectations," which is accurate for the bulk of any workforce.

To best negotiate the employment law minefield, have an excellent handbook, train all employees on its contents, and document completely with the understanding that such documentation may well be a future trial exhibit. Lastly, when in doubt, consult with qualified employment counsel before a problem becomes a lawsuit.

James Posner, Ph.D.

For a complimentary consultation, contact cynthia@thethompsonhrfirm.com, jim@thethompsonhrfirm.com or call 901.598.0123 1779 Kirby Parkway 1-62, Memphis, TN 38138

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All managers and supervisors should be trained on how to conduct employee evaluations and discipline, including how to prepare necessary documentation. That training should include the importance of following each phase of any progressive discipline plan, and that even verbal warnings must be documented by a file memorandum. If an employee is an average or poor performer, evaluations should fairly document those performance issues. The defense of a straight forward employment lawsuit can quickly be frustrated by evaluations which inaccurately portray a poor employee as a star performer, when such documents contrast with a termination form showing inexcusable workplace violations or poor performance. Such inconsistencies between well intended, but inflated, evaluations and accurate writeups can be effectively used by an experienced Plaintiff's attorney to create triable issues of fact with regard to pretext which can often preclude summary judgment.

J. Randall Patterson Baker, Donelson, Bearman, Caldwell & Berkowitz, PC Jackson, Mississippi

Congratulations Judy!

Staplcotn is proud of you for serving as Chair of the 2012 Mississippi SHRM Conference.

Judy B. Nail, PHR

You did a great job!

Director, MS State Council of SHRM Human Resource Director Staplcotn, Greenwood, MS

214 West Market Street | Greenwood, MS 38930 | (662) 453-6231 | www.staplcotn.com

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MS SHRM

Conference

Eight Steps to Retirement Plan Success

By Ken Parkinson, PPC ® , AIFA ®

The success of a retirement plan will be viewed from three perspectives: the plan sponsor; the plan participants; and regulators. Each entity will approach the definition of success from different points of view, and each view is important to consider.

Following these eight steps will help your plan become more successful to all stakeholders: 1. Documenting Plan Goals and Objectives Without clearly defined expectations, plan sponsors cannot evaluate the effectiveness of the program or the service providers. For existing plans, revisiting this step is an excellent way to identify shortfalls against key objectives, and implement plans to address the shortfalls.

2. Documenting Fiduciary Standards of Care Identify those individuals who are responsible for the decisions of the plan to ensure they know their duties and responsibilities and that they receive training on their roles and responsibilities.

They should acknowledge a commitment to meeting their fiduciary responsibilities. Documenting the prudent process used to make plan decisions helps fiduciaries, future plan decision makers and regulators understand the rationale for those decisions.

3. Objectively Selecting Plan Investment Options A critical fiduciary function is to document the selection of a plan’s investment options. Most plans use an Investment Policy 14

Statement (IPS) to document this process. An IPS is a written document with the purpose of providing meaningful direction and guidance for trustees and investment professionals regarding the selection and management of the plan’s assets based on established and documented investment goals and objectives. Where fiduciaries lack expertise in certain areas, like investments, they should engage objective experts to help with decisions in those areas.

While having a formal Investment Policy Statement is not required, ERISA does stipulate that a well-articulated, documented procedure for investment selection and ongoing investment evaluation is a fiduciary obligation. When used properly, this document can limit liability, identify acceptable types of investments and benchmarks, provide consistency in investment comparison and detail the responsibilities of the plan service providers. The statement of investment policy must be referred to both by fiduciaries who manage plan assets, and fiduciaries who appoint and monitor those who manage plan assets. An evaluation process should be in place to ensure it is used properly.

4. Monitoring Plan Assets The best way to fully document the investment monitoring process is to conduct regular investment reviews that follow the Investment Policy Statement direction and at the least, objectively document comparison of the plan investments to the following: • The returns of the major asset classes and peer groups • The expenses of each investment compared to their peer group • The level of risk of the investment compared to peer groups and indices • Continued adherence to the initial selection criteria • Watch list or replacement criteria

5. Service Provider Due Diligence Fiduciaries are responsible for objectively selecting and monitoring providers to their company’s retirement plan that offer: • A broad selection of quality investments • Record keeping and administration options that meet the needs of the plan • An effective participant communications program that meets the guidelines outlined by ERISA as well as the needs of plan participants • An expense structure appropriate for the plan and desired service options The Department of Labor makes it clear that service providers need to be selected in accordance with a prudent process. It is important that you have documentation to show how the decisions were made and that providers were evaluated in an objective, meaningful way. Equally as important is the fiduciary responsibility to monitor service providers to verify that the services are being provided in accordance with agreements and that the fees being charged are appropriate and accurately reflect what was agreed upon. In the rapidly changing retirement plan environment, plan sponsors should consider putting plans out for bid periodically.

6. Monitoring Plan Expenses A plan should have a process in place to document an understanding of plan expenses compared to the services provided, and how they compare to industry averages. The new 408(b)(2) regulation requires most service providers that work with retirement plans subject to ERISA to make written disclosure of their services, fiduciary status, and total compensation. This information will enhance plan fiduciaries ability to determine if the fees being paid by the plan are reasonable. A plan does not have to engage the cheapest service providers, however, it should be able to show documentation for the decisions made regarding provider and investment selection. A process should be in place to ensure expenses paid are not excessive compared to other similar options.

July 2012 may mark the first time that most plan sponsors truly understand how much plans are actually costing plan sponsors and their participants. Many firms engage objective consultants to help them determine the reasonableness of fees.

7. Providing Effective Participant Communication ERISA requires plans to provide participants with basic information about their plan features and funding. To comply with ERISA 404(c) safe harbor, additional disclosures and information on investment options are required.

The new ERISA 404(a)(5) rules will require plan sponsors to communicate to participants the fees the participants are paying for the operation of the plan. This will likely be the first time most plan participants will have the information to understand that they may be paying for much of a retirement plan’s administrative costs. It will be important to have a strategy to communicate the services provided for the fees charged.

It is important to determine what matters most to participants.

Participants will be much more engaged in the process of preparing for retirement if the information they receive is understandable and targeted to their needs. Unfortunately, if participants don’t understand how to easily transition from their working days to retirement, they will likely under participate and may fail to retire with an acceptable retirement income.

8. Keeping Your Plan Current and Compliant Operating a process driven plan minimizes the chances of failing to comply with new regulations and operational requirements.

This includes the ongoing monitoring of expenses, investments, service providers and regulations. A plan’s documents and policies should be reviewed to ensure that they help clarify the processes undertaken to ensure the exclusive interest of plan participants and their beneficiaries are upheld.

HR Professionals may view the new fee disclosure regulations as an opportunity to not only review and disclose fees, but to have an Independent Fiduciary Assessment of the decision making processes and governance of the entire plan. An Independent Fiduciary Assessment is intended to provide a plan sponsor with how well their organization meets a defined global fiduciary standard of excellence.

Following the “Eight Steps to Retirement Plan Success” outlined above should provide HR Professionals with a framework to provide a successful retirement plan for all – the plan sponsor, the plan participant and regulators.

Ken Parkinson PPC AIFA Director of Retirement Plan Services Hardy Reed, LLC 15

We

business.

If it’s businesses that drive the world forward, then it’s their employees – people –

who are the engine. And the tires, and the transmission, and every other part of the vehicle, too. So when we say we support business, what we really mean is that we

support people. That’s why we offer a range of health care plans that are designed to be affordable for businesses. And people, too. We’re also proud to support the organizations that make a difference to businesses, like the HR Professionals of Greater Memphis.

EXPERIENCE. SOLUTIONS. GROW HEALTHY.

uhc.com © 2012 United HealthCare Services, Inc. Insurance coverage provided by or through UnitedHealthcare Insurance Company or its affiliates. Administrative services provided by United HealthCare Services, Inc. or their affiliates. Health Plan coverage provided by or through UnitedHealthcare of Tennessee, Inc. UHCTN580441-000

MS SHRM

Conference

MS SHRM State Council

Judy Nail,

Dianne Powell,

Shirley McDonald,

Patricia Johnson,

Cynthia Render-Leach,

PHR, MS SHRM State Council Director

PHR, President NE MS Chapter (Tupelo)

PHR, Capital Area (Jackson)

South MS Area Chapter (Hattiesburg)

PHR, Gulf Coast HR Association (Gulfport, Biloxi)

Jacquelyn Made,

Melissa Drennon

Greg Payne

Lindsay Carter

Rusty Turner

PHR, Capital Area (Jackson)

Secretary Treasurer

SHRM Foundation Director

Diversity Director

Government Affairs Director

providing all of your life insurance needs Because life insurance isn’t for the people who die— It’s for the people they leave behind.

Southern Farm Bureau Life Insurance Company P.O. Box 78, Jackson, MS 39205 (601) 981-7422 • sfbli.com 17

Did She Say What I Thought She Said: Communication in Today’s Business Environment?

By Dr. Robert C. Koerber

Robert C. Koerber holds BS, MBA, and Ed.D. Degrees from Washington University at St. Louis, the University of Missouri, and the University of Memphis, respectively. His area of specialization is Communication. He has developed and validated the “Value Theory of Communication” as well as the “KSMME Model of Communication.

What are the true effects of poorly written or spoken memos, press releases, policies, procedures, customer service contacts, and other communication opportunities?

If you said these gaffes produce a tarnished image, a misstatement of capabilities, a black eye, and an extra expense burden, you are correct.

Employees representing your company should be expected to write and speak in a way that is readily and precisely understandable. The English language is considered to be the most precise language in the World. The Second Edition of the 20-volume Oxford English Dictionary contains full entries for 171,476 words in current use, and 47,156 obsolete words. To this may be added around 9,500

derivative words included as subentries. This suggests that there are, at the very least, a quarter of a million distinct English words, excluding inflections, and words from technical and regional vocabulary not covered by the OED, or words not yet added to the published dictionary, of which perhaps 20 per cent are no longer in current use.

If distinct senses were counted, the total would probably 19

approach three quarters of a million. If this is the case, then why would a major governmental body allow their public relations person to issue this statement?

Good morning (corporate name deleted) family. I hope everyone is doing well today.

As you know time is winding down for the (National Charity) Celebration on tomorrow Wednesday, October 31, 20xx, from 10:00 a.m.-12:000 noon at the (location deleted).

To those of you that attended on last year and we were transported by (city name deleted) buses it was truly a great celebration. If you can attend please do your R.S.V.P. to the designated people and that would be (name) and (name).

We know everybody can’t attend but to those of you that can with prior approval from your immediate supervisor please come and be a part of this celebration. Listed below you will see information pertaining to the (National Charity) Celebration on tomorrow. If you can wear that favorite costume you just might win that grand prize for best costume.

Hope to see you there on tomorrow, and remember let’s make this a day that we will never forget. (name signed) Employee and Public Relations Coordinator

If you are confused and embarrassed, imagine how the employees and outside individuals feel every time releases such as this one are sent out. This is certainly an example of the use of Non-Standard English and before anyone starts to fear the wrath of the “PC and Diversity Police”, there really is such a thing as Standard English, which according to usingenglish.com, means the variety of English that is held by many to be correct in the sense that it shows none of the regional or other variations that are considered by some to be ungrammatical or Non-Standard. If you want visual support for this definition, look no further than the national news, not sports, and you will see universal adherence to “Standard English”.

De-emphasizing Standard English in speech and writing may result in lower overall communication values. One of the problems with things that are non-standard is that they are often less effective in society-wide applications.

People may be expressing themselves adequately within a 20

small circle but these communications may not be totally understood society-wide. Without getting into why some people do not use Standard English, let us start an evaluation of our own companies, with an eye towards improving our employee abilities in all areas of written and verbal communication.

Written and spoken business communications are influenced by three factors; intentionality, understandability, and significance. Almost every business communication is intentional, so we can’t improve business by improving this factor. The above example attempted to show the effect of low understandability as well as low significance.

Understandability is a primary differentiating point between effective or ineffective communications. In addition to the problem of the communications not being understandable, there is an additional problem with contemporary communications, in that often times they are not very significant because they are filled with chit chat, voids, fillers, and unnecessary content that dilute the overall significance of the communication. They occupy people’s time and minds but relay little valuable information. With cell phones, text messaging, wireless internet hook-ups, laptops and blackberries, we may be perfecting the science of communication at the expense of the art. If the total number of communications per person per day has risen and the average measurable value of these communications has fallen, then the average measurable value per communication has plummeted.

Having completed extensive research on this subject, I can say without hesitation that there is a significant financial cost associated with poor corporate communications. These costs are associated with misunderstood instructions, poor public relations, reduced customer service, poor training, as well as reduced production effectiveness. The process required to correct this problem is the same as used to solve any business problem. The steps are: (1) Survey your organization and identify and list the problem personnel.

(2) For each individual on your list, you must decide whether they are willing to make the necessary commitment to improve their communication skills while also determining if they will be able to change.

If they are not willing and able to change, they may be in the wrong jobs and your company may not be able to afford to keep them there.

(3) Those, in your estimation that can and will change, should be included in the process of retraining to use Standard English.

This retraining process must If you are a manager you must help improve the communication skills of not be clouded with politically all of the appropriate communication correct or diversity overtones.

If you are a manager challenged subordinates and make a It should be made clear from you must help improve valiant effort to improve these skills the outset that training is being the communication skills company-wide. It is unfortunate that conducted to improve the actual we haveMANAGEMENT been conditioned that it may be communications skills in the best TENNESSEE PERSONNEL of all of the appropriate politically incorrect or anti-diverse to interests of the organization and communication 20th Annual Membership Conference Park Vista Hotel, makeGatlinburg, correctionsTNto communications thatWEDNESDAY the trainees4/11 are expected to use challenged subordinates •Vallie Collins, New York Survivor: "Good Luck, Bad of this sort. However, your company’s Standard English inHudson all River corporate Luck! Whose to Say" bottom line will be negatively affected communication efforts company •Michael McIntyre, PhD., Director, Professional MBA Program, and make valiant effort University of TN: "Improving Government by Improving the if you do not. wide.

Having made this clear, Factories?" to improve these skills •Trish Pulley: "I Can’t Get No Motivations: training should include writingOvercoming and the Myth in Public Sector" company-wide.

Competing in today’s highly technical thenMotivation speaking.

Speaking should THURSDAY 4/12played back world requires highly understandable be video taped and Edward G. Phillips, atty, Kramer Rayson: "Legal Update" communication. Business competition to the trainees.

Secondary foreign 10:00-11:15 Session 5 Abbie Hudgens, TN Worker’s Compensation Director: "Organization Change" languages can be a problem, when they reduce the has been expanding rapidly as the U.S. economy retracts, and the employees understandability.

Future effects of “Globalization” only magnify this trend. It is no longer 1:15-2:30 written Session 6 or Markspoken Morgan Sherrill: "Healthcare Reform Update and TPMA Survey Results' review and reassessment of these trainees’ skills must possible to fall short of this standard and remain competitive.

Session 7 Betsy "Assertive also2:30-3:15 be in your plan.

It Cunningham: is your company’s prerogative to Business pressures are such that if you do not expect the highest Communication" utilize good communicators in jobs that require effective standards from your employees and lead by example, you will be 3:30-4:15 Session 8 Trish Pulley: "A Public Sector Business Becauseovertaken there is a limited capacityby for this event, we recommend advanced and passed your competitors.

The development and communications.

You are not required to place people Model for Talent Management" registration. Click on the link below to register online and reserve your seat. in communication-critical positions that do not posses implementation of communication improvement training may For further information contact: TN Personnel Management Association FRIDAY 4/13 give you the |advantage that your business desperately needs. demonstrably superior communication skills.

Phone: (615)532-4956 Email: richard.stokes@tennessee.edu | 9:00-10:30 Session 9 The Pool: "HR Jeopardy"

“Soaring the Heights of HR Excellence" April 9-14

http://www.tnipma.org

Financial Wellness Program Financial Wellness in the workplace can offer many important, long-term benefits to employees at all levels within the organization.

By adding the Waddell & Reed Financial Wellness Program to your benefits package you could potentially: • Decrease turnover • Increase productivity • Enhance company culture • Increase participation in the company retirement plan Financial wellness can potentially pay significant dividends to the health of your company and the quality of your employees. Let us show you how.

MEMBER SIPC

JERRY MILLIGAN, MBA 6060 POPLAR AVE MEMPHIS, TN 38119 (901) 685-2700 www.jerrymilligan.wrfa.com jmilligan@wradvisors.com

8

www.HRprosMemphis.com

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May 9 SHRM-Memphis Breakfast with Benefits

7:30 AM – 11:30 AM Fogelman Conference Center University of Memphis www.shrm-memphis.org

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4

May 15 SHRM-Memphis

1 2012 Mississippi SHRM State Conference Committee. Sitting: Lindsay Carter, Front row (L-R) Melissa

Five Trends Shaping the Future of Work Dr. Bob Nelson

Byrd, Lisa Robinson, Amanda Ford, Kyle Jones, Shirley McDonald, Jackie Mack, Rusty Turner 2 Donna

7:30 AM to 9:00 AM Holiday Inn at the University of Memphis www.shrm-memphis.org

May 15 WT SHRM 11:30 AM to 1:00 PM Carl S. Grant Event Center at Union University Topic: Religion in the Workplace Speaker: Josh Simmons, Littler Mendelson www.wtshrm.org

Drennan, Teresa Boutwell, Greg Payne, Judy Nail, Cynthia Render-Leach, Jan Farve. Back row (L-R): Chris Marshall (L) accepts the 2012 HR Professional of the Year Award from Teresa Boutwell, PHR (R) at the MS SHRM State Conference in Biloxi. 3 (L-R) Murray Harber, Wellness Coordinator for Southern Farm Bureau Life Insurance Company; Beth Tackett, SPHR, Director of HR for Viking Corporation; Matt Ginn, Corporate Communication Program Development Specialist for Southern Farm Bureau Life Insurance Company; and Billy Sims, SPHR, VP of HR for Southern Farm Bureau Life Insurance Company. They presented The Journey to Worksite Wellness for Two Mississippi Companies. 4 Lisa K. Horn, SHRM Sr. Government Relations Advisor, spoke on Workplace Flexibility: The Next Imperative for Business Success and HR Leadership. 5 Todd Whitthorne, CEO of Cooper Concepts in Dallas, TX was the keynote speaker for the closing General Session.

He spoke on Corporate Wellness Pays Big Dividents. 6 (L-R)Chef Luis Bruno and Patrick House, Winner of Season 10 Bigger Loser. Chef Bruno and Patrick did a healthy lunch demo for conference attendees. Patrick was the keynote speaker at the Opening General Session and Chef Bruno was the Keynote Speaker for the General Session Luncheon. 7

May 15 Volunteer SHRM 7:30 AM to 1:15 PM

Teresa Boutwell, PHR, presents 2012 Spirit of HR, Professional of the Year

Spring HR & Employment Law Seminar Lannon Center, Dyersburg, TN

Award to Kyle Jones. 8 Mississippi SHRM members enjoyed the Party

www.volunteer.shrm.org

at the Grotto at the IP Casino, Resort May 23 NWMS SHRM 7:30 AM to 4:00 PM Whispering Woods Conference Center, Olive Branch, MS Annual NWMS SHRM Training Seminar

& Spa in Bilox. A party for Young Professionals and Student Chapter

5

6 members followed.

www.nwms.shrm.org

June 12 NEA SHRM 11:30 AM to 1:00 PM ASU Technical Center Special SHRM Presentation “ The Future of HR: What’s Next for the Profession?” www.neashrm.org

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9 The 2012 Leadership Memphis Spring Fast Track Class met at the new offices of Leadership Memphis at 365 N. Main, Downtown. 10 Mabel Arroyo and Robert Williams, attorneys with Baker Donelson, presented Ensuring Compliance When Hiring Foreign Nationals on April 19. Mabel is an immigration lawyer with the Baker Donelson Nashville office and Robert is with the Memphis office. 11 Kathy Tuberville, Director of Academic Internships at University of Memphis, presented Millennial Talent in the Workforce along with Kevin Gallagher, Graduate Assistant; Dr. Robert Taylor, Assoc. Professor of Management; and Justin Lawhead, Assoc. Dean of students for Leadership and Involvement, at the April 17 SHRM-Memphis luncheon meeting.

12 (L-R) David Pickler, Chairman of the Board of Directors for the Oral School for the Deaf, and Bob Pipkin, Consultant with West Rogers Strategic Communication, at the Speakeasy fundraiser held at Lexus on April 14. 13 Nicole Walthour, Esq., Chief Counsel, Human Resources and Global Policy Management, International Paper Company, was the speaker at the April 24 meeting of the SHRM-Memphis CEG meeting. It was held at Treetops Café at IP and the topic was “An Ethics Code: Got One? Need One?”. Get Nicole's Tips on Developing a Code of Ethics at http://hrprosmemphis.com/ exclusives/. 14 Darica Ward with SkillSurvey spoke at the Society of Healthcare HR Administrators at the Community Foundation of Greater Memphis on April 12. 15 SHRM-Memphis members at the April meeting of the Comp & Benefits Career Emphasis Group at Jason’s Deli. Members broke out in groups to discuss Pay for Performance, Consumer Driven Insurance, and the Affordable Care Act. Seated (L-R) Charlotte McGee, Symbion Physician Services; Paula Jackson, Symbion Physician Services; Lori Potter, Orion Federal Credit Union; Carole Merritt, FedEx Express. Josie Davis, FedEx. Standing: Jennifer Blake and Vanessa Frazier, Co-Chairs of the Comp & Benefits CEG. 16 Lynn Lanigan with Lanigan Worldwide Moving & Warehousing Inc., and Joshua Shipley with Independent Bank at the Lipscomb & Pitts Breakfast Club held at the Memphis Botanic Garden on April 20. 17 Elliott Perry, former University of Memphis basketball star, received the Kate Gooch Leader of the Year Award at the Leadership Memphis Celebration Reception and Awards event held at The Cannon Center at the Memphis Cook Convention Center on May 1.

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Get Involved for

C H A N G E Processes to Succeed

By Voss Graham

S

ince the average success rate is only 41%, then 59% are failing in some way. How are you doing with your Change Projects?

If you are part of the majority, then you may need to improve your performance. Yet, when researching the highly successful change masters of the business world, their success rate was a stunning 80%. Sounds like a high return on investment for these people. Are they your competitors? If you want to move into the ranks of successful change masters and win more often, then the first step is simple…

You must gain insight and true awareness of reality and then launch an action plan.

To make this happen, You need to start here. Become aware of early resistance to change or for that matter – any issues that pop up during the beginning phases of a change project need clear and decisive action plans and steps. Change projects usually require simultaneous changes in your people’s mindsets, attitudes, and culture. Such changes do not happen on there own, they need to be aggressively dealt with by the leaders of your organization. There are four practical steps to improving success rates for your change projects. Here are the four steps…

So,4. isLong Termreally Viewworth? and Focus Contrary most organizational training Of – course it is.toAn important part of long-term viewsbelead to greaterthesuccess than short everyfocus, manager's job should to encourage development of the term views.

When looking at change projects you need to people who work under his/her direction. Training ensuresbea prepared to engaged continue workforce, the execution of action well past productive and enables an plans organization to the project deadlines if you want real value from the better meet its mission, enhances employee loyalty andproject. aids in Remember the it“soft skill organizations” – mindsets, retention.

However, must be side doneofcorrectly and fairly.

Here are culture, beliefs and attitudes – are more difficult to change, some tips for monitoring your training programs: especially in the short term. Permanent change in these areas Regularly communicate and clarify employee development 1 takes time, patience, consistency and continuous actions to be priorities, linking the priorities to key business and to go effective – they cannot be pushed.

Then,objectives be prepared communicating opportunities to your each change employee. deeper intotraining the organization using activities and it will stick and build true value.

Counsel management not to make assumptions based on a 2 person’s protected characteristics about ability or desire to a In conclusion, for your change projects to their be successful, it requires take part in training.

Don’t assume women with children aren’t complete understanding of the coming challenges and complexities discussions. agreement fororthe future visionDon’t of the interested orAfter don’t gaining have time for training development. change creation of are specific action steps needed tolearning ensure assumeproject, that older workers uninterested in continuous success.

A word of caution here – Any lack of effort for early or development because they are at the end of their career. detection of issues leads to higher risks of failure, which is a proven review who has been selected for training and 3 Periodically productivity drain on organizations. who has expressed an interest in training and other development

One last point of thought, beware of underestimating the complexity opportunities. During your review of those selected make sure of behavioral and cultural changes necessary for successful change that there were justifiable, objective reasons for the selection. projects. Take time to think though the possible issues that could encourage the reserved 4 Actively derail your project efforts.

Advanceemployee, planning,like Regina, or under-represented groups to participate in training including contingency plans will improve your and success rates substantively. development opportunities.Remember, The annualleadership performance review is an is responsible structuring andand supporting the excellent time for to discuss training make notations about the culture of an organization. employee’s interest or disinterest. Repeated focus in monthly

Voss Graham

President & CEO workgroup meetings also provides sufficient notice to all Inneractive Consulting Group, Inc.

employees of the available training and/or any expectations. �

c

1. Link to History – Provide your change leaders with access to historical data, survey data, cultural assessments and history lessons from long time staff members. Then actively engage the people involved in the change process and older projects.

Learn from both good and bad experiences, what worked and didn’t work and discuss the connections to the current change process. Open dialogue without any judgment or justification efforts will allow everyone to share their fears and concerns.

Now you guide the dynamics of future discussions.

2. Examine the Big Picture – Examine the project’s scope, the likely impact of the project and the expected outcomes carefully. Assess the dimensions of the change – people, culture, and organizational impact. A full review of your current processes and technology levels is necessary to evaluate what needs attention for success. Be realistic in determining the necessary change and then communicate to everyone in the organization. This also fits with the need for a “big picture” for getting buy-in and commitment to the project.

W

3. Adjust Plans for Unexpected – Understanding the complexities related to your change projects, you build a contingency plan to address potential issues or unexpected obstacles. Communicate the base plan and ask for additional ideas, methods or issues of potential conflict. Ask people for possible solutions and listen to their answer, as there are usually gold and silver in their responses. The key – be prepared to adapt your plan as frequently as needed to deal with the unexpected issues.

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www.HRprosMemphis.com

LE AD ER SH IP

“ I started my company because I wanted to give a man a job.”

Hershel Walker Entrepreneur

Creation Studios Photography

H

erschel Walker was born in Wrightsville, Georgia to a blue-collar family of seven children. As a child he was overweight and had a speech impediment, which led to teasing and ridicule from other kids and even his teachers. At a young age, Walker made a decision to break free from the shackles of bullying and began a tireless effort of self-improvement, including a rigorous daily exercising program of 2,500 sit-ups, 1,500 pushups, and racing a train to improve his speed. Herschel went on to be the valedictorian of his high school class, and broke records all throughout his football career in high school, the NCAA, and the NFL. He won the Heisman trophy in 1982 and in 1997 retired from the NFL as one of the top running backs of all time. In 2002, Walker was elected to the Collegiate Football Hall of Fame and is remembered as one of the greatest players in football history.

Once Walker retired from football, he took the skills gained on the field and began a new career as an author and entrepreneur. His diligence and tireless commitment to his companies and employees has yielded successful results. When describing one of his many businesses, Renaissance Man Foods, Walker humbly stated “I started my company because I wanted to give a man a job.” After sweeping the floor at his chicken plant, selling food as a vendor on the roadside, and delaying a trip to Italy with the White House, Walker and Renaissance Man Foods now supply 250 million pounds of chicken for McDonald’s globally.

Walker shared numerous examples of how relationships built through his life led to business ventures, including hotel linens,

promotional products, a bakery, and hospitals. As the adage goes, “luck is when preparation meets opportunity.” However, Walker graciously attributes his life success to God, saying “Give all glory to God,” and the power of teamwork. “When I played in Georgia, I didn’t get hit in the back field. I had a great offensive line….the same in Dallas with the Cowboys and in Minnesota with the Vikings.

I’ve had a lot of great people to help me along the way. It’s not about Herschel Walker, it’s about my team…In my company, it’s about my team. I would not be where I am today without them.”

Philanthropy is another recurring theme in Walker’s life. He is constantly paying his business successes forward. All the proceeds from his books were invested into a hospital- he now has seven.

Walker’s next undertaking is to manufacture a protein gel that can be distributed to malnourished children around the world, including right here in the states. Walker said “It’s not about you, it’s what you can do for others. I’ve been blessed all throughout my life and you have to be able to give back. God looks at us and says ‘What have you done for someone else?’”

We were so honored to have him in Memphis, and in true Herschel Walker style, he drew a record-breaking crowd to the fundraiser for the Salvation Army that brought in more than $150,000 on Thursday, April 19th. He was also the keynote speaker at the Lipscomb and Pitts Breakfast Club on Friday, April 20th before the largest crowd ever of over 400 business leaders.

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Changing Laws vs. Increased Risk Criminal Records in Employment Decisions:

In the recent past, this practice has come under scrutiny for several reasons, including:

1. Blanket

2. Discrimination

3. Accuracy.

bans. Some companies have established a no-hire policy for anyone with a criminal history, regardless of the nature of the crime, or the position being sought.

of minorities.

According to the EEOC, the usage of criminal records in the hiring process has an unfair impact on certain minority segments of the population.

Discussions have been raised on the accuracy of the information reported from some of the national criminal database searches.

Currently, employers are required to show “business necessity” when utilizing criminal records to exclude applicant from employment.

Business necessity is established by the employer’s consideration of:

1. The nature and gravity of the offense 2. The time that has passed since the 3. The nature of the position sought arrest and conviction

W

By Lisa P. May

hen it comes to screening potential employees, searching criminal records for convictions is one of the most common practices in a company’s hiring process. It is estimated that around 73% of companies utilize a criminal records check during the pre-employment screening process.

The argument for performing a criminal records search is that a person’s past behavior best predicts his future behavior.

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The EEOC recently issued new guidance on using criminal background checks as a pre-employment screening tool. This new rules are intended to prevent racial and ethnic discrimination, and require employers to use criminal background checks only when they can show they are job-related and necessary for the business. Employers should consider the “nature of the crime, the time elapsed and the nature of the job.” The landscape of the hiring process for many businesses has now changed.

Employers should be concerned with this new guidance because limiting criminal records searches will increase the risk of a bad hire. This can result in workplace violence, lost customers, exposure to litigation, and extensive training and re-training costs. This modification will require employers to look at their current pre-employment screening process and re-vamp and re-define their use of criminal background checks.

What will employers need to consider now?

1. An overhaul of best employment screening practices. Human resource and

hiring managers need to take a look at the current screening process that their company has in place. During this review, changes need to be implemented so that the process still ‘weeds out’ the applicants that are not a fit, or who may create an unsafe working environment. Blanket refusal to hire anyone with a criminal history should be eliminated. The policy should be re-written to comply with new EEOC guidelines.

2. Greater importance on drug testing. 70% of drug abusers currently hold jobs

in the workforce. Employees who abuse drugs and alcohol are much more likely to miss work, be late for work, be less productive, steal, and cause conflict with other employees. Without the benefit of criminal searches, it becomes super important for a company to have a solid drug-screening program in place.

3. Make assessment testing a priority. Assessment testing can offer insight into

character, attitudes, and behaviors a job candidate possesses. A broad view of these aspects of an applicant’s personality would paint a clearer picture as to their fit into the organization.

4. Social

5. A

media screening. This is a new idea that has been born out of the explosion of social networking sites like Facebook, Twitter, and Linkedin. With the absence of criminal searches, the content that a person posts on their profiles would prove to be a valuable look into the person’s opinions and habits.

(Remember, a social media policy should be in place so that your company is protected).

Jeff Weintraub Named MBQ Power Player in Employment Law for Third Year Running Jeff Weintraub, managing partner of the Memphis office of national labor and employment law firm Fisher & Phillips LLP, has been named a Power Player by Memphis Magazine’s Memphis Business Quarterly.

The MBQ’s Power Players issue is, as editor Greg Akers has said, “an annual review of who’s who in Memphis business, a compendium of the personalities who populate the many industries that drive our city’s financial fortunes.” First run in 2010, the issue this year boasts 541 Power Players in 42 categories, including the Business Hall of Fame and the 2012 MBQ CEO of the Year winners. Weintraub has been included as a Power Player in the category of Employment Law every year since the inception of the list.

An accomplished labor & employment attorney, Weintraub represents employers in employment discrimination/harassment jury trials, wage/hour collective actions, and union cases, including the expanding field of concerted-activity unfair labor practice charges being filed with the National Labor Relations Board against employers. He also trains managers in avoiding harassment charges, and teaches the Labor/Employee Relations segment in the Society for Human Resource Management’s HR Certification Course. Weintraub has been named to The Best Lawyers in America, Mid-South Super Lawyers, and World’s Leading Labour and Employment Lawyers (U.K.).

prolonged interviewing process. Without criminal searches, the hiring process may need to be extended beyond one or two interviews. A thoughtful interviewing process will assist in determining if the applicant is being truthful. In depth questioning and thorough verification of the answers will provide a greater chance for any mistruth or red flag to be uncovered.

The main goals of most companies when hiring are to recruit a valuable and productive employee and maintain a safe and healthy work environment. Will criminal background checks become completely obsolete? That’s doubtful. However, new policies will need to be adapted to comply with the new EEOC guidelines and still minimize risk and maintain a stable workplace.

Contact Lisa@datafacts.com if you have questions or comments about the article.

Lisa P. May,

VP of Marketing and Research at Data Facts 27

Smart Screening.You Smart Hiring.

Information Trust.