Even with states legalizing cannabis use, employers have the right to test employees for marijuana post-accident and upon reasonable suspicion.
Data Facts, in partnership with Hound Labs®, introduces a revolutionary breathalyzer that detects cannabis use within a few hours, mitigating the risk of accidents while retaining responsible employees. The HOUND® CANNABIS BREATHALYZER* was designed specifically for the era of cannabis legalization to maintain safety and treat employees fairly. Update your drug testing toolkit and enhance your pre-employment screening process today. Data Facts is dedicated to ensuring your company’s pre-employment and post-screening background check solutions are the right fit to give you peace of mind.
*For law enforcement, employer, and insurance use only. Not for any medical or therapeutic use.
Editor Cynthia Y. Thompson, MBA,
Publisher
The Thompson HR Firm, LLC
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21 Save 20% on HRCI Courses in 2023 with Code HRMAG23
33 SHRM’s PMQ Training for People Managers
35 Online SHRM | CP | SCP Certification Exam Prep Class Beginning April 12
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7 2023 Alabama SHRM Conference at Perdido Beach Resort May 15-17
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25 WTSHRM 14th Annual HR & Employment Law Spring Conference in Jackson May 10
28 Highlights from the SHRM Employment Law & Compliance Conference in Washington, D.C., February 26-28
32 SHRM-Memphis Legal Conference April 18
34 Arkansas SHRM ELLA Conference in Little Rock April 13-14
May 2023 Issue features highlights from the SHRM-Atlanta SOAHR Conference, the SHRM Talent Conference in Orlando, and the ARSHRM ELLA Conference in Little Rock plus Updates on Employment Law and Employee Benefits
Deadline to reserve space April 15
28% of HR’s time is spent addressing problems caused by poor people managers.
April is always an exciting month because of the SHRM spring conferences and events happening. We are kicking off April with the ARSHRM ELLA Conference in Little Rock April 13. Next, we are headed to Orlando for the SHRM Talent Conference & Expo April 16-17. Looking forward to hearing about the latest recruiting trends and tactics for 2023 and beyond! We are back home in Memphis for the SHRM-Memphis Legal Conference on April 18. The Louisiana Conference for Human Resources will be in Lafayette April 20-21. Stay tuned for Facebook “live” interviews from these conferences! Follow us on Facebook/ HRProfessionalsMagazine.com to receive notification of these live interviews.
We are honored to feature Pamela J. McGee, SHRM-CP, PHR, on our April cover. Pam is the 2023 President of Greater Orlando SHRM (GOSHRM) and the Assistant Vice President of Human Resources, Talent Management & Total Rewards for Valencia College in Orlando. GOSHRM has over 600 members in the Central Florida area. Under Pamela’s leadership as President-Elect, GOSHRM received the 2022 SHRM Pinnacle Award and the 2022 HR Florida Chapter Excellence Award. Read her exciting profile on Page 5.
Our focus this month is talent management and recruiting. We have some fantastic articles on preparing for the end of COVID-19 emergency declaration, anti-discrimination in hiring, and daily pay for hourly workers. There is also an exciting article about how vending machines can enhance your culture and offer healthy eating options for your employees. In addition, we have details about many of the SHRM State Conferences coming up! Be sure to read the 5th installment of Alex Alonso’s new book, Talking Taboo: Making the Most of Polarizing Discussions at Work
We also have pictorial highlights from the 9th Annual HR Cruise Conference to Cozumel and the Bahamas March 5-11. We are so pleased to announce our partnership with Mike Medoro, SHRM-SCP, with Aspect Marketing and Communications. Mike is a member of the Ohio SHRM State Council and is the mastermind behind the concept of the HR Conference Cruise. The next HR cruise is May 13-18 on Liberty of the Seas. It will be departing from Port Cape Liberty, NJ, and sailing to Bermuda.
This cruise has been submitted for 14 SHRM and HRCI credits! Visit www.HRCruise.com for details.
We are loving our Thursday webinars with HRCI and SHRM credits! We hope you are enjoying them as well. In April we have three complimentary webinars with exciting hot topics for HR professionals. Watch your email for your invitation.
My April complimentary webinar sponsored by Data Facts will be April 20 at 2 PM CT. Watch your email for the topic. Mark your calendar and join us! You will earn 1 SHRM PDC and 1.00 HRCI Business credit. If you are not currently receiving an email invitation, please subscribe to our digital subscription on our website.
Pamela McGee is the 2023 President of Greater Orlando SHRM (GOSHRM) and the Assistant Vice President of Human Resources, Talent Management & Total Rewards for Valencia College in Orlando, FL. In addition to holding certifications from both the Society of Human Resource Management (SHRM-CP) and Human Resources Certification Institute (PHR), Pamela has 30+ years of performancedriven experience with 25+ years of combined expertise in Human Resources management, talent acquisition, corporate, government, and employment laws. Pamela is a strategy architect in the development of innovative HR initiatives to streamline processes and capitalize on organizational growth opportunities. As AVP at Valencia, Pamela provides vision and leadership for all aspects of the college’s talent management network, including talent acquisition, compensation, benefits, employee development, and employee experience.
In 1996, Pamela began her career in the Human Resources field in Payroll as a clerk. She worked in various industries including food manufacturing, retail apparel, government contracting, state government, and hospice over the years to continue to develop in her profession in the roles of Human Resources Specialist, Human Resources Manager, Human Resources Director and Vice President of Human Resources. The importance of leading by example for an individual’s professional development is a priority to Pamela which is the reason she worked full-time as well as go to school full-time in the evening for 3 years to achieve both her bachelor’s and master’s degrees to develop her career growth.
Currently, Pamela is the President of GOSHRM with over 600+ members in the Central Florida area. Pamela has been a member of the Society of Human Resource Management (SHRM) for 20 years. She has been a member of GOSHRM for 10 years and a Board Member for 5 years in the roles of Technology Director, Programs Director, Secretary, and President-Elect. In 2022, in the role of President-Elect under the GOSHRM Presidency of Cheryl Brown-Merriwether, Pamela was part of the leadership team for GOSHRM that was that was awarded the 2022 SHRM Pinnacle Award and the 2022 HR Florida Chapter Excellence Award. These unprecedented accomplishments recognized GOSHRM at both the national and state level. The winning program was a collaborative effort between GOSHRM, ICARE, Project Opioid, and CareerSource Central Florida to raise awareness and mitigate opioid addiction in the workforce. Project Opioid partnered with
CareerSource Central Florida (CSCF), a local workforce board, to provide training to local businesses in Central Florida. In March of 2021, CSCF launched “Fostering Opioid Recovery through Training & Employment” (FORTE). CSCF contracted with ICARE to design, develop and deliver the Certified Facilitator in Addiction Awareness for Human Resources (CFAA-HR) program. To ensure the success of this critical project, ICARE reached out to GOSHRM for assistance. The awareness achieved by the topic of Opioids has enhanced the importance of addressing the concern about Mental Health. The importance of this issue enhanced Pamela’s desire in her new role as President to lead GOSHRM with completing the organization’s first Human Resources Mental Health Forum, “Are You Ok? A Well-Being Gut Check” in January 2023 which was extremely successful in supporting Human Resources professionals with supportive tools to enhance mental health awareness within the workplace as well as their own lives. Pamela will be hosting a new GOSHRM Podcast “HR: Gut Check” that will discuss Mental Health and Substance Use Disorder (SUD) in the workplace beginning in May 2023.
Pamela also serves as an Advisory Board Member of Employers Associate Forum (EAF) a Florida non-profit corporation member-based association dedicated to serving the business and HR community with HR Tools, Hotlines, Legal Compliance, News, Trends, Surveys and Economic Data, Benefits, Insurance, and Risk Management, as well as Training, Consulting, and Organizational & Leadership Development.
Pamela proudly served in the US Air Force for 6 years until her Honorable Discharge. As a military veteran, Pamela continues to volunteer with various organizations to continue her support of other veterans in the Central Florida area. One of these organizations that Pamela volunteers with is Employer Support of the Guard and Reserve (ESGR) in the role of Employer Outreach which is to develop relationships with employers to promote advocacy for service in the Guard and Reserve. Pamela is also supporting an initiative by GOSHRM to coordinate a Return to Work for physically impaired military veterans within the Central Florida counties.
Pamela received a bachelor’s degree in Business Administration and a master’s degree in Human Resources from American Intercontinental University (AIU) where she graduated cum laude.
HR professionals are increasingly being asked to take a more strategic partner role in business operations and planning than ever before. To effectively support both the employees and the organization itself, it is critical that HR professionals have a thorough understanding of how the business operates, in addition to upskilling in primary HR functions, in order to blend the strategic mindset of HR with the unique ability of HR to be empathetic and supportive. Becoming more confident in demonstrating your abilities in the areas of business acumen, operations, and competitive advantage relative to the organization’s performance is imperative to strengthen your role within your company and leadership teams as a credible HR business partner.
Recent survey data from Korn Ferry showed that, globally, when polling Chief Human Resource Officers, they responded that around 41% of HR professionals had a skills gap when it came to understanding business acumen, and 28% lacked ability to turn strategy into action. In addition, in the same study, when asked what is the top reason a CHRO would voluntarily leave a company, respondents noted “inability to directly connect HR efforts to business” was by far the number one reason.
An abundance of resources exist for HR professionals looking to upskill/ reskill for themselves or their teams in fundamental areas such as leadership, communication skills, financial acumen, strategic thinking and problem solving, market orientation, and storytelling with data/analytical aptitude. Cost effective resources through places such as LinkedIn Learning, Academy to Innovate HR, and SHRM. These tools can be incredibly helpful for better understanding the basics of business so that when discussing strategic planning, HR can make a compelling case through storytelling regarding impact to employee experience and engagement, recruiting and retention efforts, and risk management.
In addition to the resources noted above, don’t underestimate the impact of leveraging your internal stakeholders and colleagues to learn more in these areas. Work with your finance team to better understand how to interpret basic financial documents such as income statements, balance sheets, cash flow statements, and profit and loss statements. Spend time with your finance and analytics teams to get comfortable with data and metrics, specifically how these represent business performance in areas like pricing strategy, cost control, budgeting, and asset/debt management. Shadow your marketing team and learn how they build a target market funnel and what your primary customer demographics are. This also helps you learn the skills your cross-functional stakeholder teams need from new hires/existing employees as you build out recruitment, retention, and training and development plans for your organization!
Remember that as HR continues to solidify their role in organizations as a strategic partner, you are constantly demonstrating the worth and value that HR brings to all industries. As with so many other things in life, the goal is not perfection, but progress. Continuously seek ways to learn more about the operations of the organization(s) you support so that you and your HR teams are making the most informed strategic decisions possible and feel confident explaining the “why” behind decisions to other leaders and employees based on the data and the connection to company mission, vision, and goals. This may also help you as an HR professional better link day to day responsibilities for all employees with the broader team and organization-wide goals, obtaining more engagement and buy in from employees for change management and increased productivity. Don’t be afraid to ask questions so that you can continuously increase your understanding of business and strategy – you’d be surprised how many other colleagues in the meeting or on the email thread likely have the same questions! Asking questions shows you are committed to your role as a strategic and credible HR professional and business partner to the organization, regardless of your HR title or functional area of expertise.
Leverage your network! Benchmark with trusted HR professionals from other organizations and SHRM chapters to learn about their best practices for strengthening business acumen and the role of HR tied to strategic decision-making in their companies. Be transparent with yourself and your teams that strengthening your strategic muscles may mean some periods of discomfort as you learn and grow, and that is okay! As Dave Ulrich recently stated on Digital HR Leaders with David Green, and was re-quoted by the Workforce Institute @ UKG in an article by board member Martin Armstrong, “The most important thing that HR can give an employee is a company that wins in the marketplace.” When HR better understands company performance, they can better position themselves as a credible strategic partner. A thriving organization can translate into a healthier, happier, more productive and engaged workforce.
Dr. Ashley Dugger, SHRM-CP Associate Dean and Director for Human Resource Management Programs ashley.dugger@wgu.edu www.WGU.edu
1 HR Professionals Magazine announces our new partnership with Mike Medoro, MBA, SHRM-SCP, President of Aspect Marketing and Communications. We are excited to be the official media sponsor of the Annual HR Conference Cruise! Attendees receive 14.25 SHRM & HRCI credits with 7 Business credits! We are looking forward to the 11th Annual HR Conference for our subscribers and sponsors! It will be March 2024. 2 Val Grubb, SCP, a frequent speaker at SHRM annual conferences, was the opening speaker on the cruise. She discussed what it takes to be a strategic leader in today’s hyper-competitive landscape and how to step up your game. 3 Psychologist and well-being consultant, Heather Hersch, PsyD, explained how improved well-being benefits your teams’ workplace and productivity. 4 Sheila Eason, founder and CEO of Elevate People Solutions, explained how HR professionals can solve the problem of the “abrasive leader.” 5 Chad Sorenson, SPHR, SHRM-SCP discussed driving change in the organization and taking the lead to alter the status quo. Chad is President of Adaptive HR solutions and is immediate past president of HR Florida.
We are honored to present our fifth installment of
These stories take place in that space where politics and media intersect. The public forum, once known as the corner soapbox, now includes a plethora of platforms for expression. Consequences arise when people make their political views known—on the street, in print, or online. In the workplace, employee interactions with broadcast media often occur in the form of a television in the break room. Some organizations have learned the hard way that providing this type of “benefit”—as a source of information, entertainment, or distraction—provides no benefit at all when it serves primarily as a catalyst for disruption. Add social media to the mix and the question becomes one of overlapping, indeterminate boundaries— work/life, public/private—relating to people’s opinions.
Two otherwise productive employees trade insults about the political coverage on the TV in the break room, and their bad behavior escalates. An informative conversation with HR and subsequent training helps them learn to be more respectful and considerate. This trivial situation has an excellent resolution.
There is a television in the break room of the company where I work. As the presidential election approached, there was quite a bit of channel flipping during the day to this or that news program. By itself, this wasn’t unusual. However, a few people came to HR with concerns about a controversy in the TV room between two employees with opposing political viewpoints, who were increasingly at odds with each other over several days.
Each employee was being disrespectful of the other. What started in a joking manner with offhand comments had started to escalate into explicit, degrading, and profane name calling and insults. One employee hid the TV remote so that the channel could not be changed. In retaliation, the other employee posted political yard signs all around the other’s car in the company parking lot. Their coworkers were witness to their emotional outbursts.
I wish people had informed HR of the situation sooner so it could have been addressed sooner. This was not the environment that our company has strived to achieve for our workforce.
These were two hardworking employees who did their jobs well. Aside from their current feud, there had never been any problems with their work, attendance, or social interactions. They had once liked each other and now could barely look at each other.
The feuding employees were brought in for a sit-down conversation with HR and a manager to see how things had gotten to this point. They each described their deeply felt concerns about the presidential candidates: one feared the United States would be led into war; the other feared national financial ruin. Both were so focused on changing the other’s mind about whom to vote for that I had to bring their focus back to how to work together respectfully.
The wonderful thing about living in the United States, I said, is that we are entitled to have our opinions and to voice them. It would be contradictory if people couldn’t recognize differences in opinion. But while we have the right to hold any opinions and beliefs, I continued, we cannot force others to believe the same way. Company policy stated that it was important for us to have a civil workplace.
By KEN JOYNER
These are just a few of the benefits of having a vending machine program in your office! It provides simple, convenient, and 24/7 instant food and drink availability for employees. In today’s world, you can take advantage of the increasing popularity of healthy eating and snacking by stocking foods and snacks that are low fat, sugar free and show the ingredients and calories listed on the package.
Ina corporate world, where people are working long hours and barely find enough time for lunch or breaks, HR professionals are seeking new ways to enhance workplace balance regarding work and health. Installing vending machines in your workplace will improve workplace balance, increase productivity and employee satisfaction.
Here are 7 ways to enhance your culture and increase employee retention.
1. Vending machines are a fast and convenient way to provide your busy employees quick and healthy access to quality foods and drink options.
2. Vending machines allow your employees to better handle their busy schedules by eating on-site rather than leaving the workplace to stand in line at restaurants and fast-food chains.
3. Vending machines save time! How many times are your employees late for meetings due to being stuck in peak hour traffic headed back to the office?
4. Vending machines are safe, convenient, and hygienic!
5. Vending machines save time spent out of the office and increase productivity, which impact your bottom line!
6. Vending machines increase employee satisfaction and enhance your corporate wellness by providing healthy food and snack options.
7. Vending machines are a no cost benefit for employers – that your employees will love!
You can have a smart vending machine installed at your workplace, warehouse, or office and provide a wide range of healthy snacks, beverages, healthy bars, energy drinks, fresh food, etc. for your employees that satisfy their food cravings in the comfort of your workplace without even stepping out of the office!
Contact me today to set up an appointment to discuss your options today! Your employees will thank you for it!
Ken Joyner, SHRM-SCP 715-587-7900
The experts at SafeHaven Security Group, a national threat management firm, are on a mission to keep people safe by sharing the warning signs of violence with all who will listen. It is a crucial skill to help you recognize behaviors that might indicate someone is on a path to violence. If you notice someone who exhibits several of these correlates, please get help. You can reach us directly at 844-SAFE GROUP or safehavensecuritygroup.com.
Remember, the initial assessment is always free.
He could no longer control the thoughts in his head. Consciousness was a swirling mass of confusion. His anger swelled as unfathomable stress came from every direction.
He’d lost his house, his spouse, and custody of his kids. He didn’t know how he was going to make his next car payment. On top of all that, his boss said HR needs to see him. He might be getting fired.
Psychologists tell us that there are two basic types of stress: eustress and distress. Eustress is a short-term stress that motivates, feels exciting, and fits within our coping abilities. Distress, on the other hand, distracts, feels unpleasant, and may be outside our ability to cope.
When people are distressed, they do things they wouldn’t normally do. The more stress, the more likely unhealthy behavior will occur. That’s why monitoring how much distress your coworkers or others around you are experiencing can help you identify someone who is on a path of destruction.
I started teaching workplace violence prevention seminars in the 90s. I’d ask participants if they were more or less stressed today than five years ago. Can you guess the answer? More. Always more. The amount of stress people feel has been steadily increasing for at least two decades. Why does that matter? Because increases in stress, for some people, will always lead to increases in violent behavior.
Most healthy adults can handle one major life stressor at a time. Sure, they may experience intrusive thoughts, be distracted, make mistakes, and be irritable. But they’ll be okay. As the days pass, they will recover.
However, when someone experiences multiple major life stressors simultaneously, they may accelerate toward an unhealthy end. Because when it comes to major life stressors, one plus one isn’t two. It’s five.
When you become aware of someone having such an experience, you should monitor them closely. Support them if you can. Make a referral. Offer a listening ear. But at the very least, pay attention to their behavior.
When combined with other warning signs, this can be a yellow flag of someone heading down a path that may have a violent end.
You may not be aware of this, but sometimes people believe crazy crap. You scoff, but it’s true. In his book “How Do You Kill 11 million People?” author Andy Andrews makes a convincing case that the answer to the title question is simple: You lie to them.
Some people are easily led astray by alluring ideologies or charismatic leaders. For the rest of us, these beliefs are totally foreign. From now on, when you hear one of these strange beliefs or ideas, especially one that espouses violence, pay a little more attention.
Although we only have room for two here, watch for more articles that tell you what to watch for.
SafeHaven Security Group helps organizations learn warning signs daily and interpret them correctly to avoid violence. Let us help you. The initial assessment is always free.
Tim Keck, Senior Consultant Safehaven Security Group tim@safehavensecuitygroup.com www.safehavensecuritygroup.com
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In a series of decisions and actions the National Labor Relations Board (“NLRB” or “Board”) has increased risks to employers and expanded certain rights of unions and employees in a variety of ways. Four examples are discussed in this article, three of which flow from Board decisions in December of 2022.
The Board through its prosecutorial arm, the General Counsel, has long pursued claims on behalf of employees that it believes were discharged unlawfully under the National Labor Relations Act (“Act”). For many years the primary remedy in such claims was back pay.
In one of the December decisions, Thyve, Inc., the Board held that where an unlawful discharge is found the remedy will include “consequential damages” as well. What are consequential damages? They can include any number of harms that flowed causally from the discharge. For example, suppose the unlawfully discharged employee no longer has health insurance and has a health event. The healthcare costs over and above the amount the employee would have had to pay under the employer’s plan could be consequential damages. Suppose the employee was unable, despite reasonable efforts, to obtain a comparable job for several months and to make ends meet incurred credit card debt, or made a 401 (k) withdrawal? Those items may be considered consequential damages and awarded to the employee.
The Board noted that during the compliance process (a stage after there has been a decision on the merits of the unlawful discharge allegation) the employer can raise issues to be considered. For example, did the employee make reasonable efforts to obtain alternate employment? Could the employee have obtained health insurance via alternate means at reasonable cost and failed to do so? Did the employee have greater credit card debt because of spendthrift conduct and not a genuine need?
The bottom line is what while employers may have defenses to elements of alleged consequential damages the universe of available remedies to employees, and thus or risks to employers, has expanded.
When a union petitions to represent a group of employees, call the “unit”, the petition describes the group that the union seeks to represent. In another December of 2022 decision, American Steel Construction, the Board changed the rules related to unit determination.
Where the employer seeks to broaden the definition of the unit stated in the petition, the employer must show that the employees it seeks to add share an “overwhelming community of interest” with the petitioned-for group. That is a very high standard which will be very difficult to meet.
The import of this change in the rules means that so long as the petition describes a rationally discernible group that group will almost certainly be accepted as the unit for purpose of the election. One might ask, what difference does that make?
It can make a huge difference in whether the union wins the election. For example, supposes there is a group of production workers in one department who want to bring in a union. There are twenty of these employees. There are two hundred production and maintenance employees in the plant. A union can seek an election among the twenty in the department. To prevail, the union would need for eleven employees to vote for representation. To prevail in a plant wide election among production and maintenance employees the union would need to have one hundred and one employees vote for representation.
In some situations employees who have a dispute with one employer protest on the property of another employer. A classic example is when employees of a subcontractor protest on property owned by the property owner of a construction site. Can the property owner/thirdparty employer force the protestors to leave?
Before the December of 2022 decision in Baxter County Performing Arts Center, the answer was most of the time, yes. The Baxter decision changed that rule significantly,
The new rule is that unless the protestors “significantly interfere” with the use of the property, or the property owner has other legitimate business reasons for removing the protestors, the protestors are allowed to remain. The level of evidence required to permit lawful removal of the protestors is high. The import, then, is that most peaceful protests on the third party’s owner’s property will be protected.
The Board’s General Counsel, Jennifer Abruzzo, has indicated that the Board will seek such injunctions more regularly. This form of injunction, named for the section of the Act where it is found, allows the General Counsel to go directly to federal district court to seek an injunction in circumstances where the General Counsel believes that following the normal Board process would result in ineffective relief and would in effect allow the employer’s alleged unlawful actions to succeed. The most typical circumstances when the General Counsel seeks such relief is when an employer discharges employees who are known leaders in an organizing campaign. In that situation the Board can bring unlawful discharge allegations but under the typical process they would take a year and sometimes more to resolve. By seeking an injunction, the General Counsel has an opportunity to achieve reinstatement more quickly.
In 2022, the Board make good on Ms. Abruzzo’s promise to use pursue such injunctions. In August of 2022, the federal district court for the Western District of Tennessee ordered reinstatement of seven employees
of Starbucks in Memphis, Tennessee. The employees had been involved in efforts to organize store employees. In another example, the Board sought reinstatement of an Amazon employee who had encouraged coworkers to support a union organizing effort. In November of 2022 the New York federal court ordered reinstatement.
Employers should be aware of the increased risks to discharges alleged to be unlawful and the greater flexibility given to employees and unions in the organizing context. Expect more in the way of increasing risks to employers, decreasing deference to employer property rights, and greater protection for employee conduct in the workplace from the current Board.
Howard B. Jackson, Regional Managing Member Wimberly Lawson Wright Daves & Jones PLLC Knoxville, Tennessee office hjackson@wimberlylawson.com
By AMY SCHABACKER DUFRANE
Let’s say it’s 11 p.m. on a Saturday night and you suddenly notice a rash above your left eyebrow. What’s your immediate reaction?
Before such options existed, you probably put a light coat of cream on the area and went to bed. Fast-forward to the modern age of technology – also known as Dr. Google. Instead of getting a good night’s sleep, you spend an hour online reading every obscure mention of skin rashes and are convinced you have a serious disease. And, by morning, the rash is gone.
This is a fairly innocuous example of a growing issue in our society. The importance of expertise, specifically formal training or education with credentials to exercise the expertise. One of the areas it’s most apparent – and where a lack of it is most risky – is human resources.
I started thinking about this topic after reading a book titled “The Death of Expertise.” Despite the dramatic title, it’s actually a strong argument for why we need to value our experts and the role they hold in our society. I’ll share some of the important points here, especially as they relate to our very important function on an organizational, professional and person level.
The author – Tom Nichols – assesses the U.S. as a country obsessed with ignorance as a virtue. The very idea made me bristle but after reflecting on his point, I can see why he made it. Rejecting the advice of others asserts autonomy, which is a characteristic that we value and hold dear. Think back to when you hung on your medical doctor’s every word. Now, one can easily be convinced of catastrophic illness by entering a few words into search. Egos dominate common sense. Some take this so far as to dismiss indisputable scientific fact.
The good news is that the world has become more accessible. Social changes have broken down barriers and education empowers those who were previously underrepresented. Communications options connect us 24/7 without additional costs and learning is almost always at our fingertips.
Of course, many of these changes and newfound accessibility are positive strides forward. Yet, without reliance on experts, we cannot advance our knowledge with confidence. Without formal mechanisms through which we deepen our expertise, we create risk. One such example that elicits a visceral response: would you want to get in an elevator to the 86th floor of a skyscraper that wasn’t certified by an expert? Of course not. You also want assurances that the building was designed by an architect that specializes in such structures, as well as a city inspector who made sure the final product aligns with code requirements.
When it comes to HR, amassing expertise carries the same gravitas. After all, we’re in the people business: their individual wellbeing, their employer’s impact on their families, career opportunities for advancement, and even generational wealth. The sway of HR has many forms and shouldn’t be left up to serendipity.
The book’s author defines credentials as “the imprimatur of the institutions that bestow them.” It’s why we take our role at HRCI so seriously. Having the responsibility of being the gold-standard in an industry that touches so many lives means you need to back your certification programs with the best experts in the field. Pilots fly planes, doctors help patients get better, HR professionals ensure a positive employee experience while supporting organizational goals.
How can you tell when your hierarchy of expertise is lacking? One such example is confirmation bias. While we might not have had a name for it, we’ve all experienced it before. It’s the hiring manager who insists the best candidates are only those graduates of a certain school or “already knows” that working mothers won’t work out because of competing demands on their time. It’s the employee who doesn’t assimilate into the team because “people never like me.” It’s the benefits administrator who doesn’t suggest contemporary offerings because – after all - “we always do the same thing every year.”
Confirmation bias repeatedly validates limitations. It’s what prevents diversity and inclusion programs from advancing. Trained HR professionals recognize the pattern. They can also evaluate and navigate clearly, defining patterns and addressing strategies to instrument change.
Being an expert has another aspect that might not be readily apparent. As HR professionals who are certified in our profession, we need to own our expertise and hold each other accountable. Being active listeners –and learners - in our respective organizations is a starting point. As HR leaders, we need to understand how pervasive our influence is on our workforces and why mastery of our skills is so crucial. While we are not always responsible for directly implementing our recommendations, we still need to be fully prepared to help guide change from concept through execution.
Misinformation undermines employer brands, corporate cultures and employee engagement. In turn, it can weaken the core of any organization. HR professionals need to be ready to manage a wide range of questions and field unforeseen issues on a daily basis. Cultivating and possessing deep HR expertise enables HR to counsel on strategic and tactical initiatives including workforce strategy, DEIB and the employee experience. In today’s dynamic world of work, HR needs to commit to continuous learning in order to gain expertise and maintain expert status. Given the plethora of regulatory and compliance requirements coupled with the dearth of qualified talent in most sectors, the stakes are too high to leave being an expert to chance.
Amy Schabacker Dufrane, Ed.D., SPHR, CAE, is CEO of HRCI® — HR Certification Institute, and is the founder and CEO of HRSI — HR Standards Institute, where she is responsible for driving and disrupting the conversations about building high-performing, strategic HR teams. An engaging thought leader at the intersection of talent strategy and continuous learning, Dr. Dufrane is an award-winning leader and celebrated keynote speaker on the human side of successful business strategy in the 21st century.
The three courses comprising our certificate were developed in accordance with the International Organization for Standardization’s guidance on diversity and inclusion for organizations (ISO 30415:2021).
• Fostering an Inclusive Culture
• Assessing Diversity and Inclusion
• Hiring and Retaining Diverse Talent Earn
Suicides are on the rise: increased 35% between 1999-2018
Suicide impacts families, communities and co-workers, and can lead to survivor’s guilt.
Examples of industries and occupations at a statistically higher risk:
With rates of suicide greatly increasing in the US over the last several years, it is highly likely that many people have been touched or impacted by suicide in some way. In high school, I lost four classmates to suicide; in college, a professor, and in the working world, a colleague of mine also died by suicide.
Addressing the risks and impacts of suicide can be complex and difficult, but it is incredibly important for employers to be aware of evaluating and reducing their risk. Manager training, access to mental health resources, awareness campaigns, and crisis plans are just some ways that employers can help provide support to both people at risk for suicide, as well as the friends, co-workers, and family members who are impacted.
Here are some key facts and statistics to know about suicide risks.
The Statistics
35%
Suicides are on the rise: increased 35% between 1999-2018
People in the 45-54 age group account for 80% of suicide deaths
Mining Oil and Gas Construction Transportation Health Care Maintenance and Repair Agriculture and Forestry
and Intrinsic Factors Influence the Risk of Suicide
People in the 45-54 age group account for 80% of suicide deaths
3-4x
Men are 3-4 times more likely than women to die by suicide; women are 1.5 times more likely than men to attempt suicide
Although the risks for suicide are multifactorial and complex, certain industries and occupations are at greater risk.
What Are the Impacts?
3-4x
Suicide impacts families, communities and co-workers, and can lead to survivor’s guilt.
Intrinsic Factors
Although the risks for suicide are multifactorial and complex, certain industries and occupations are at greater risk.
• Mental health conditions (depression, bipolar disorder, and substance misuse disorder)
Examples of industries & occupations at a statistically higher risk:
Suicide impacts families, communities and co-workers, and can lead to survivor’s guilt.
• Chronic conditions and injuries (chronic pain, traumatic brain injury)
Examples of industries and occupations at a statistically higher risk:
Men are 3-4 times more likely than women to die by suicide; women are 1.5 times more likely than men to attempt suicide
Mining Oil and Gas Construction Transportation
Health Care Maintenance and Repair Agriculture and Forestry
Workplace suicides have increased 39% since 2000
Extrinsic Factors
• Stressful life events (divorce, job loss, death of a loved one)
• Ongoing stress from hostile home or work environment, unemployment, bullying
Protective Factors
• Access to health care
• Feeling of connection and inclusion within community, sense of security and purpose
Both Extrinsic and Intrinsic Factors Influence the Risk of Suicide
Many risk factors are protected as personal health information or related to private life. But employers can still engage in best practices to help mitigate risks, provide resources, and support survivors:
Intrinsic Factors
• Mental health conditions (depression, bipolar disorder, and substance misuse disorder)
• Chronic conditions and injuries (chronic pain, traumatic brain injury)
Workplace policies that foster an inclusive workplace and promote respectful interaction
Extrinsic Factors
• Stressful life events (divorce, job loss, death of a loved one)
Awareness and communication of benefits available through employee assistance programs and medical plan, as well as community and national resources for urgent needs (24/7 suicide prevention hotlines, websites, text lines, community support groups)
• Ongoing stress from hostile home or work environment, unemployment, bullying
Protective Factors
• Access to health care
Workplace suicides have increased 39% since 2000
Comprehensive programs and well-being support for improving overall health
• Feeling of connection and inclusion within community, sense of security and purpose
Manager training and awareness regarding employees who are exhibiting signs of self-harm or possibly posing a risk to themselves or others
Crisis management plans in place before an event occurs, reviewed annually to confirm vendors and contact information is current
Katie O’Neill, DC, BS Vice President and Clinical Wellness Practice Leader McGriffTo learn more about McGriff, visit www.McGriff.com or contact:
Katie.ONeill@McGriff.com www.McGriff.com
The push for legalizing cannabis use started several years ago and has rapidly moved through the United States. Along with changing laws regarding marijuana, employers have had to consider their drug screening and monitoring policies and adapt to the laws governing them. This trend doesn’t seem to be losing steam.
Employers and HR pros must understand passed laws and be aware of the potential upcoming laws for 2023 and beyond. Only by proactive education can companies maintain drug policies that are fair and legal AND protect the workplace.
As of January 1, 2023:
• 37 states had legalized marijuana use for medical reasons. These are Alaska, Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Utah, Vermont, Virginia, Washington, and West Virginia.
• 21 states, Alaska, Arizona, California, Colorado, Connecticut, Illinois, Maine, Maryland, Massachusetts, Michigan, Missouri, Montana, New Jersey, New Mexico, New York, Nevada, Oregon, Rhode Island, Vermont, Virginia, and Washington had legalized recreational (also referred to as adult-use) marijuana use.
• The Nevada Supreme Court had concluded that, because its state law requires that employers provide “reasonable accommodation” for those medical-use marijuana users (when used off-site or outside of working hours), employees may sue their employers for failing to provide any accommodation.
Some states are reviewing new laws for legalizing marijuana use that could affect employers with locations in those areas.
• Delaware is reviewing two bills that could legalize cannabis possession and move the state toward legalized marijuana usage.
• A Hawaii State Representative is planning to file a recreational use legalization bill sometime in 2023.
• Maryland voters passed cannabis legalization in November by a 2-to-2 margin, with legalized possession going into effect on July 1.
• In Minnesota, a bill has been making its way around state legislative committees. The state governor’s proposed budget included allocations to implement a recreational use cannabis program and to implement expungements.
• In Ohio, the Secretary of State re-introduced a recreational use marijuana bill in January. If the Republican-held house doesn’t pass the act, the measure could go to voters in November of 2023.
• Oklahoma voters rejected a ballot initiative on March 7, 2023, to legalize recreational-use marijuana.
• A razor-thin Democratic majority in Pennsylvania’s state House may be able to push through a bill legalizing marijuana (although it would still need to pass in the Republican-led state Senate).
• In South Carolina, two medical marijuana bills have been pre-filed that would allow dispensaries to open and permit state residents to use marijuana.
With numerous states already legalizing cannabis, and more considering the move, employers must be ready to answer the inevitable question “should we continue to screen for marijuana use?”
For most employers, that answer is “Yes”. However, their drug policy may need to be modernized to fit into today’s society. Here are 5 important things to remember when HR is adapting company policies to handle marijuana legalization.
• Marijuana use still poses risks to the workplace. Just because it’s legal to use marijuana doesn’t mean the negative impact being under the influence can cause in the workplace is neutralized. It’s well-documented that employees who use marijuana are more likely to miss work, cause accidents, and be less productive than their sober counterparts. Companies should not automatically stop screening for cannabis use, especially in specific instances (such as the employee using at work).
• Most states still allow employers to screen for marijuana. If your company is in a state that has legalized marijuana, you can still screen them for drug use in certain cases. This approach is how employers have been handling alcohol use for years. For example, companies can still screen post-accident or upon reasonable suspicion if they suspect an employee is high or impaired during work hours.
• There are specific products that test for recent use. Some of the most popular ways to screen for marijuana use in the past may not be your best options today. For example, it may be unnecessary to know if your employee used cannabis recreationally last weekend, but you would like to know if they used it on the way to, or at, work. Adding new products like on-site saliva testing and cannabis breathalyzers may help you address problematic weed usage while still respecting the laws regarding its use.
• Creating a policy that covers everywhere the company is located or has employees is essential. As the states continue legalizing cannabis, HR must lead the charge to ensure their organization’s drug policy still serves its purpose, which is to create a safe, productive workplace. Consulting with an employment attorney, talking with your background screening vendor, and hiring a consultant to help craft your policy are all options that maximize its long-term effectiveness and help you stay in compliance with new laws.
• Still screen for other illegal drugs. Dealing with the ongoing shifts of requirements can be enough to make some organizations consider ditching their drug screening process altogether. This isn’t a viable answer. Hiring and employing folks who use other drugs like cocaine, methamphetamines, barbiturates, and opiates can cause big issues in the workplace. No matter what you decide about cannabis screening, it’s still critical for companies to continue testing for other types of illegal substances.
The landscape for marijuana legalization is changing rapidly, with new bills and votes being introduced and taken every year. HR professionals must stay on top of the updates and fold those decisions into their company’s drug screening policy. A proactive, educated approach helps organizations stay compliant with state laws while still doing everything they can to protect the safety and productivity of their workplace.
May 10, 2023
Wednesday 8:00 a.m. to 4:00 p.m. at Union University
Carl Grant Event Center
14th
Presented by: THE WEST TENNESSEE SOCIETY FOR HUMAN RESOURCE MANAGEMENT
In coordination with: THE LAW FIRM OF RAINEY, KIZER, REVIERE & BELL, P.L.C.
Join us for an informative day where we will explore timely and important HR topics, including:
♦ Planting and Growing: Age in the Workplace – Today’s organizations may have up to five different generations of employees working simultaneously. This session will look at the legal concerns of a multigenerational workplace, including age discrimination.
♦ In the Weeds: FLSA Pitfalls to Avoid – Delve into the provisions of the Fair Labor Standards Act and compliance concerns that employers need to be mindful of, including wage and hour, exempt and non-exempt classifications, overtime, meal periods, travel, etc.
♦ How to Build Better Bosses – Training and developing managers to be effective is a key component of a successful organization. This presentation will show the importance of balancing performance management, strategic goals and initiatives, the wants and needs of employees and managers, and tight budgets while working to implement a culture of learning. This session will feature Mack Munro, Founder of Boss Builders.
♦ Digging into Case Studies – An interactive discussion of recent employment law cases and the application of relevant concepts and HR strategies.
♦ Off on a Lark: Employees on Leave – Learn about attendance and leave policies and challenges. Explore strategies to effectively manage employees’ needs for leave and avoid legal snares, including FMLA/TPLA and ADA.
Lunch is provided. Explore our showcase of HR-related exhibitors. Great door prizes.
Registration Fee: $100 for WTSHRM Members $125 for non-WTSHRM Members Join WTSHRM for only $25 at: wtshrm.org
REGISTER NOW! WTSHRM.ORG
The registration deadline is Tuesday, May 2 Register early as seating is limited. You may pay by check or credit card. This program has been approved for 6 recertification credit hours through HRCI and SHRM.
Despite the lowest unemployment in half a century, the American worker is struggling financially. In particular, hourly workers continue to feel the brunt of high inflation.
The struggle to pay bills is real. Last year, 12 million Americans resorted to payday loans to make ends meet, despite the fact that only 14% of payday loan borrowers can actually pay back their loans that include exorbitant fees.
For those living on the edge of economic solvency, financial uncertainty can cause tremendous stress and constant trepidation every time the phone rings or an envelope shows up in the mailbox. This stress impacts not just the employee, but the employer as well. When an employee is stressed, research shows they come to work less and are less productive. In fact, 1 in 5 quit their jobs because of stress, thus driving up recruiting costs for the company.
Life is stressful enough. Helping to alleviate an employee’s financial stress can be a win-win for all. Even with high profile layoffs at many companies including tech, entertainment, and finance, many organizations are still struggling to attract and retain talent, putting pressure on leadership to discover new alternatives to become an “Employer of Choice.” As leaders evaluate an organization’s Total Rewards package, all elements are important to ensure a well-rounded offering. However, compensation tends to be one, if not, the most important component as take-home pay impacts an employee’s day-to-day lifestyle.
While additional compensation is a great way to attract and retain employees, there is a key element that employers may overlook. It’s often the timing of the pay that makes the greatest impact.
And with 3 in 5 of U.S. consumers living paycheck to paycheck according to recent studies, being able to create solutions to put earned wages in employee’s hands quicker could be a prime way for organizations to stand out and attract and retain talent,
Having access to your earned pay through a daily pay solution can have a profound effect on the ability to pay bills on time. The power of choice and control over one’s pay can play a significant role in helping workers avoid the vicious cycle of debt. Research from The Aite-Novarica Group commissioned by DailyPay, a leading
on-demand pay provider, found that 95% of those previously reliant on payday loans in any way either stopped using payday loans (81%) or reduced use (15%) after using DailyPay. On a similar note, 97% of those that said they overdrew their bank account prior to using DailyPay now rarely or never suffer overdraft fees (79%) or report experiencing fewer instances of overdraft fees (18%) after using DailyPay.
This puts a significant amount of money back in one’s pocket each year. For an employee, it’s like receiving an immediate raise, despite it costing nothing for the employer. With 77% of Americans carrying some form of debt, this additional savings can be monumental.
Providing employees with the tools to help themselves get on a path toward financial wellness can deepen the bond between employer and employee. It signifies that the employer cares for the employee’s well-being. When employees feel valued and connected to their employer, they are more engaged and more productive. They develop loyalty and a stronger commitment, leading to longer tenure on the job. As research shows, longertenured employees are better, more productive employees.
There is no single magic formula that ensures higher retention. However, empowering employees to take charge of their finances with the ability to pay bills, spend, save, invest, on their own schedule, not an arbitrary payday, can truly be transformational.
For more information on this topic, DailyPay and USI have collaborated on a white paper that can be found at dailypay.com.
Ryan Martyn Channel Partnerships Manager, DailyPay
Jennifer Givens Vice President and Senior Compensation Consultant, USI Insurance Services
7 Jonathan A. Segal, Partner, Duane Morris, LLP, discussed “Alarming Rise of Antisemitism and Work: The Role of HR.” 8 See you in Las Vegas June 11-14 for SHRM23 as we celebrate SHRM’s 75th Anniversary!
9 “Current Employment-Based Immigration Issues” was the topic discussed by Elissa M. McGovern, Chief of Policy, Office of the Citizenship and Immigration Services Ombudsman of the U.S. Department of Homeland Security; Doug Rand, Senior Advisor, Office of the Director, USCIS, with Bo Cooper, Partner, Fragomen, Del Rey, Bernsen & Loewy, LLP. 10 (L-R) Jennifer A. Abruzzo, General Counsel, National Labor Relations Board and Lauren McFerran, Chairman, National Labor Relations Board, discussed “How the NLRB Weighs the Law, Workers, and Employers,” with Jim Banks, SHRM’s General Counsel, and and one of the executive sponsors of the conference.
NIGHT AT THE MUSEUM, NATIONAL PORTRAIT GALLERY, SMITHSONIAN
Everyone in HR would immediately scream, Defeat the supervillains!"
It's a funny question, but what isn't so funny is trying to attract and retain top talent in the real world. And it's not just about "fickle" employees or "too much competition." With 76 percent of employers having been 'ghosted' by a candidate and a labor force participation rate of around 62 percent, it's getting tough out there.
So, here you are, trying to remain
to your team is instrumental to everyone's health, oyalty and very lives.
Everyone knows offering a robust benefits package can attract and retain top talent. That’s been drilled into us for years. But the reality is cost and creativity often get in the way. So, let’s cut to the chase—while it’s good to be on-trend with creative fads in HR, what matters most is creating a foundational offering that doesn’t just look good but provides genuine value and cost savings.
I'm Will Brown and I'm a broker crusader" to my clients-to HR professionals like you who want to be superheroes in the eyes of their employees. But what about rising costs? Insurance premiums are rising more quickly than inflation
That's why you need a broker who:
• Understands the levers that drive premiums.
• Knows how to search for creative strategies.
Recognizes employee goals, so you only pay for the insurance perks your team needs.
• Performs a thorough yearly analysis rather than adopt the "set and forget" attitude that plagues most brokerages.
At The Benefits Group, we are defying the "order-taker" broker stereotype. We see that small- to mid-sized businesses are being underserved in their ability to offer Fortune 500 benefits to their employees. And we're doing our best every day to change that.
Stop looking for a “one-size-fits-all” health insurance solution. Thanks to cost-varying factors such as employee demographics, changing conditions, multiple product levers, and your state, it doesn’t exist. There’s also no guarantee of “hands-off” benefits. The right option may include a combination of effort from you, your employees, and
Can a benefits broker change the world? For your employees, believe we can. We thrive on getting the best deals and beating the market. In virtually every competitive situation, we win. Not all heroes wear capes. But we're ready to make you look like a superhero to your employees. Let your employees see how much you care through the affordable benefits you offer.
Let us turn you into a Benefit Superhero!
• HR professionals who love what they do
• Quality employees who value loyalty
• Brokers who thrive on finding unique solutions.
Good question. Let’s look at a few options requiring a little effort for some big payoffs.
Could you save more with a level-funded plan? Level-funded plans (a form of self-funding without the liability) take more work on the front end. There are health questionnaires. Then you factor in locking in finalized quotes for enrollees—all before they actually enroll. It can feel like trying to hit a moving target, BUT it can save 20 to 40 percent on premiums!
Could you save more with reference-based pricing? What about reference-based pricing? Many brokers will tell you, “Don’t do it!” but this is likely because they don’t want to explain it, or they may not understand it. When you break it down, reference-based pricing: 1) standardizes rates, 3) removes networks, so you go anywhere you want, and 3) limits exposure to only what the plan pays. And what’s the punctuation mark? Premiums that run up to 50 percent less. But this approach takes education on the front end and requires employees to understand the plan.
Hey, saving ain’t easy!
Which benefits are ideal for young adults? Other plans exist that limit the benefit to 1) a defined amount or 2) a specific number of visits. While that may not be for everyone, it may be perfect for young, healthy employees who recently rolled off a parent or guardian plan and are new to benefits.
How vital is out-of-network coverage? Then, you must consider the levers driving the costs, such as in-and-out-of-network costs. Large provider networks offer Exclusive Provider Organizations (EPOS) with NO out-of-network benefits. But if you have a large enough national carrier, that’s generally not a concern. Thanks to the Affordable Care Act, emergency treatment is always considered in-network. And the need for out-of-network providers remains limited thanks to the recently enacted No Surprises Act (NSA). Maybe it’s not worth the extra premium, or maybe it is. Either way, you deserve the opportunity to consider it.
Do you really need multi-tiered pharmacy benefits? The right broker will also help you consider whether to pay for robust pharmacy benefits and multi-tier copays when your employees may not utilize expensive drugs.
How are your broker’s math skills? Additionally, many employers and employees would not “buy down” their deductible if they knew the true cost of that deal. Some plans require more in premium dollars than you save in decreased deductible. For example:
Your plan has a $2,500 deductible, but your employees say they want a smaller one. The new $1,000 deductible plan costs $200 more monthly ($2,400 annually) in additional premiums. So, you “saved” $1,500 worth of deductible but now pay $2,400 more annually. That’s a lousy deal.
Sticking with the higher premium could make more sense. Then give employees a chance to contribute to an HSA or HRA account to make the deductible “feel” lower. The right fiduciaries can help you set up HSA and even 401k plans for a few dollars per employee per month, and the setup and administration are easy.
Are you offering telehealth? Telemedicine is an increasingly soughtafter benefit, and you need to be offering it. Can your employees get a real doctor on the phone or video chat from the privacy of their home for any healthcare or mental health concern?
Are you offering learning management tools? Additionally, there are learning management tools that your employees could be interested in using. Personal enrichment and educational/technical advancement programs are becoming more sought after as our workforce transitions to a millennial-heavy demographic.
Are you leveraging the halo effect? Even if you don’t have a lot of employee participation in the first year or two of setting up a new plan, the “halo effect” eventually takes effect, where employer perception increases and, by extension, your team members’ loyalty to you. Your team can tell when you put in the effort to make them feel valued— and by nature, human beings are loyal to those who appreciate them (and don’t just say it but prove it).
Most brokers present generic, prepackaged offerings that look okay until you start poking around under the hood. So, the benefits sit on the proverbial shelf, underutilized and overpriced. But you have so many options when you work with the right broker. You CAN offer Fortune 500 benefits, be a superstar, and attract and retain top talent. You simply need the correct partner.
If nothing else, I hope you feel ready to ask your broker some new questions and understand that you have FAR more options than you realize. I’d love to show you what creative and valuable solutions The Benefits Group can provide. Let’s talk about curating the best plan for your team at: www.thebenefits.group
SHRM Employment Law and Legislative Update—Jim Banks
All Rise: ELLA Mock Trial is Now In Session
You Be the Jury: ELLA Goes to Court
Wayne Young, Cindy Kolb, Greg Northen, Patti Airoldi, David Burney, Thomas
Dunlap, Broderick Daniels ( (TWO GENERAL SESSIONS THE AUDIENCE IS THE JURY!)
Deposition Preparedness: What Could Possibly Go Wrong?
Dan Herrington
Courtside Analysis: Attorney Panel
Dan Herrington, Cindy Kolb, Greg Northen, Wayne Young
Importance of Plan Documents & Legal Compliance—Ruben Reyes
How to Avoid Losing your Remote….Workplace—Daveante Jones
DOL Hot Topics—Hanz K. Grünauer
EEOC Update—Edmond Sims, Jr.
Arkansas Department of Workforce Services Update
Dr. Charisse Childers
April 13-14, 2023 i iji Robinson Center & The Doubletree Hotel of Little Rock
SHRM 2023
Presents
Affordable Online SHRM-CP® | SHRM-SCP® Certification Exam Prep Class
Online classes begin April 12, 2023 and will meet twice per week for 12 weeks on Monday and Wednesday evenings from 6:00 PM to 7:00 PM.
The total cost of the SHRM-CP® | SHRM-SCP®
Online Certification Exam Prep Class is $995 (plus $25.00 shipping)
You may pay by PayPal, credit card or check.
2023 Spring Exam Window
May 1 – July 15, 2023
Guarantee
If you do not pass, you can retake the class at no additional charge if you meet these two requirements:
– Attend 80% of the scheduled online classes
– Score 80% on all practice quizzes
Deadline to register is April 4, 2023
Contact cynthia@hrprosmagazine.com OR visit our website at www.hrprofessionalsmagazine.com
About the instructor:
Cynthia Y. Thompson is Principal and Founder of The Thompson HR Firm, a human resources consulting company in Memphis. She is a senior human resources executive with more than twenty years of human resources experience concentrated in publicly traded companies. She is the Editor | Publisher of HR Professionals Magazine, an HR publication distributed to HR professionals in Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, Tennessee, and Texas.
Cynthia has an MBA and is certified as a Senior Professional in Human Resources (SPHR) by the Human Resource Certification Institute and is also certified as a Senior Certified Professional by the Society for Human Resource Management. She is a faculty member of Christian Brothers University. Cynthia was appointed to serve on the Tennessee DOHR Board of Appeals by Gov. Bill Haslam in 2014.
35 www.HRProfessionalsMagazine.com
OnJanuary 30, President Biden announced his intention to end the COVID-19 National Emergency (NE) and Public Health Emergency (PHE) effective May 11, 2023. Both emergency declarations resulted in various forms of relief for employer-sponsored benefit plans, and both have been extended several times since their inception nearly three years ago. While their impact on federal law differs, employee benefit plan sponsors and administrators should take note of the ending emergencies and their associated relief. Below is an overview of the impact that the end of this relief will have on employer-sponsored benefit plans.
In May 2020, the U.S. Department of Labor (DOL) and Internal Revenue Service (IRS) issued joint guidance (https://www.govinfo.gov/content/pkg/ FR-2020-05-04/pdf/2020-09399.pdf) to extend, or “toll,” various notices, claims, and election deadlines due to the NE. The Employee Benefits Security Administration (EBSA) Disaster Relief Notice 2021-01 (https://www. dol.gov/agencies/ebsa/employers-and-advisers/plan-administration-andcompliance/disaster-relief/ebsa-disaster-relief-notice-2021-01), issued by the DOL in February 2021, clarified that this tolling period, often referred to as the “Outbreak Period,” runs from March 1, 2020, to the earlier of (a) one year from the date an individual is first eligible for relief from certain ERISA deadlines; or (b) 60 days after the end of the NE.
The following deadlines were extended by the length of the Outbreak Period:
• HIPAA/CHIPRA Special Enrollment
• COBRA Notifications
• COBRA Elections
• COBRA Premium Payments
• Benefit Claims and Appeals
• External Review
We expect the Outbreak Period to end on July 10, 2023 (60 days after the planned end to the NE). At the end of the Outbreak Period, the above-listed deadlines will revert to pre-emergency deadlines. As we approach the end of the Outbreak Period, plan sponsors should consider sending a communication to inform participants about deadline changes. Plan sponsors should also review plan-related documents and participant communications to ensure they reflect accurate deadlines.
Under the Families First Coronavirus Response Act (FFCRA) and the Coronavirus Aid, Relief, and Economic Security (CARES) Act, employer-sponsored group health plans are required to cover COVID-19 testing, vaccines, and related services without cost-sharing. The end of the PHE may permit group health plans and insurers to shift some of these costs to participants. Before the PHE ends on May 11, 2023, group health plans should consider if they will continue offering these services without cost sharing. Any potential change in coverage should be discussed with legal counsel before the change is made to ensure proper participant notices and communications are timely distributed and no issues arise under the Mental Health Parity and Addiction Equity Act.
The end of the pandemic mandates applicable to ERISA plans has been a moving target for several years. As we approach the end of the NE and PHE, we urge plan sponsors to:
• Make decisions regarding the coverage of COVID-19 diagnostic testing, vaccines, and related services.
• Update participants on these coverage decisions.
• Inform participants that the extended deadlines will be replaced with pre-emergency deadlines at the end of the Outbreak Period.
• Review all plan-related documents and participant communications to ensure they reflect proper deadlines and coverage information.
If you have any questions about how the end of the COVID-19 emergencies will impact the administration of your plans, please contact a member of our Employee Benefits Practice Group by visiting https://www.bassberry.com/ services/employee-benefits-transactions/
Asettlement in an age discrimination in employment case announced by the EEOC on March 1, 2023, should be of the highest importance to every human resource professional in America. Indeed, every HR professional should keep a copy of the decision readily available to show to their organization’s top management, if they ever feel their job is in jeopardy for “doing the right thing” by educating and then expecting, even requiring, their organization to comply with the laws in the United States prohibiting discrimination in employment. The settlement was in the case of EEOC and Diane Nolan v. Fischer Connectors, Inc. No. 1:22-cv-03884 (N.D. Ga. Feb. 28, 2023).
The case involved a Swiss-based national manufacturer of medical devices and Diane Nolan, who was the Human Resources Director at the company’s headquarters in Alpharetta, Georgia, from 2007 to 2020. The complaint filed in the case reveals that in 2019 the new President of the company’s national operation began repeatedly asking Nolan questions like: “Why is the workforce so old?” and “What age is mandatory retirement [in the U.S]?” He told her he had been instructed by the company’s Chief Executive Officer to hire a new, younger management team and he planned to replace anyone in senior management who was over the age of fifty-five with a younger person.
From January to July 2020 the company did just that when it terminated five upper management employees, all over the age of fifty, under the guise of “job eliminations” and replaced them with substantially younger individuals under slightly different job titles with the same or similar job duties. Finally, because Nolan would not remain silent and go along with the evil discriminatory scheme and was sixty-seven years old, she was called into the President’s office on July 14, 2020, and terminated too. He told her: “You have done nothing wrong. I am just following orders in building a new, younger team for the CEO.” She was then replaced with two substantially younger individuals, ages fifty-two and thirty-two.
In the EEOC press release announcing the settlement, Marcus Keegan, the agency’s Regional Attorney for the Atlanta District Office, said: “This was a textbook example of age discrimination in violation of the Age Discrimination in Employment Act ... which makes it clear that employment decisions must be made based on employee qualifications rather than on stereotypes about an employee based on their age.” In the Consent Decree entered in the case, the company agreed to pay Nolan $460,000.00 and to train its executives,
managers, and employees on its obligations under the ADEA to prevent age discrimination from happening again in the future. The award not only fully compensated Nolan for all her lost pay and benefits but also awarded her liquidated damages for those losses, which the ADEA allows when the employer’s unlawful conduct is willful.
This case is the most recent example of why I have said for many years that it is not the state or federal employment discrimination agencies, or even employee-side attorneys, like myself, who are the First Enforcers of our employment discrimination and retaliation laws. It is the HR professionals in a company, organization or government agency who guarantee that every American citizen has a shot at reaching the American Dream.
When President Lyndon Johnson signed the Civil Rights Act of 1964, he said there would be triple benefits derived from this important new law prohibiting discrimination against citizens based upon their race, color, sex, national origin, or religion. The first benefit would be that every American citizen would be able to get and keep the best job possible based upon their qualifications and skills. Second, employers in America would be employing the best individuals available to help their organization succeed. And third, as a result, America would be more successful. Three years later, when he signed the Age Discrimination in Employment Act of 1967, he reminded us that those same triple benefits would also be derived from that newest anti-discrimination law.
It is the courageous human resources professionals who stop discrimination in employment from occurring at their workplace who will help save our nation from more of the painful harms that we have experienced in our history due to discrimination. If every HR professional courageously does his or her job of questioning and educating every member of management in their company, organization or agency, from the lowest level supervisor to the highest level executive, about the anti-discrimination laws in the United States prohibiting discrimination against individuals in hiring, promotion, discipline or other terms and conditions of employment because of their race, color, sex, sexual orientation, national origin, religion, age or disability, employment discrimination in America will end. Indeed, the courage of an individual human resources professional can be just like the courage of that little Dutch boy in the famous story we were told as children who stuck his finger in the hole he saw in a dike and saved a whole nation.
Importantly, our laws prohibiting discrimination in employment also prohibit retaliation against employees who oppose discrimination in employment. Many states now also have what are called whistle blower protection laws that prohibit retaliation against any employee, even a human resource professional, who refuses
to participate in or remain silent about illegal activities, which includes employment discrimination. For example, in Tennessee the Public Protection Act, T.C.A. 50-1-304, prohibits the retaliatory discharge of an employee who refuses to participate in or remain silent about illegal activities.
As a labor and employment law attorney who has successfully prosecuted hundreds of employment discrimination and retaliation cases since 1980, I have been an advocate for employees holding positions at every level of a company, organization, or government agency. In every one of those cases I have won at trial my first witness was my client. More importantly, my second witness was always the human resources manager who either failed to detect and prevent the discrimination or retaliation when it was happening or who was a willing partner with the member of management who engaged in it.
HR professionals must never forget their first duty is to the enterprise, not to individual managers or executives who may want to engage in unlawful discrimination or retaliation. They must have the courage to tell those individuals they cannot engage in such illegal activities. By showing such courage, not only will the time and major expenses that come with lawsuits be avoided, but the human resources professional will be ensuring that the enterprise is employing, promoting, and retaining the best person for a job.
During my career, I have had the honor of representing half a dozen human resources managers who had the courage to do their jobs well but got fired for doing so. While I call myself
the Working Boomer Advocate because I am mainly focused on being an advocate for regular employee victims of age discrimination, sometimes I must call myself the Human Resources Professional Advocate when I fight for a human resource professional. In one such case I handled a few years ago, my client was the Human Resources Manager of a trucking company who was directed by the company’s vice president not to hire any drivers over age fifty.
Knowing that to follow such a directive would constitute unlawful age discrimination, that courageous human resources professional disobeyed the directive and hired a fifty-eight-year-old applicant who had an excellent twenty-five-year driving record. When that vice president learned this driver had been hired, she immediately fired her on a pretext. Soon after a lawsuit was filed under the Tennessee Public Protection Act, a very good out-of-court settlement of her claim was offered, which she accepted.
In this and other cases I have handled representing First Enforcers, several factors made the difference in them being able to get a quick and full remedy for their unlawful discharge. First, they politely and professionally refused to participate in or keep quiet about the unlawful activity. Second, they kept proof of their refusal in the form of emails, text messages or other documents, or in some cases made secret recordings of conversations, when the employer, organization or agency policies or state laws did not prohibit such recordings being made. Remembering these stories always reminds me of the very essential role human resources professionals continue to play in helping citizens, employers and our country be able to reap the triple benefits promised with the passage of our civil rights laws prohibiting discrimination in employment.
Dan M. Norwood Working Boomer Advocate dan@ workingboomeradvocate.com
on fighting age discrimination in employment” Best Lawyers Super Lawyers
Employers across the country have ramped up their diversity, equity, and inclusion (DE&I) efforts for multiple reasons ranging from increasing innovation, better meeting client goals, and improving retention among existing employees. So, what happens when these well-intentioned programs are challenged with conflicting laws? Are companies better off focusing more resources on their DE&I programs, or abandoning them altogether?
More recently, on February 6, 2023, Texas Governor Gregg Abbott’s office issued a directive to state agency and public university leaders instructing them that the use of DE&I initiatives in hiring would be considered illegal and contrary to state and federal employment law. Governor Abbott’s Chief of Staff, Gardner Pate, wrote that DE&I initiatives cannot be based on factors “other than merit” because the “innocuous sounding notion of Diversity, Equity and Inclusion (DEI) has been manipulated to push policies that expressly favor some demographic groups to the detriment of others.”
The directive comes on the heels of other initiatives in Texas to end DE&I programs. State Lieutenant Governor Dan Patrick has proposed to end tenure and restrict conversations about race and racism in public college classrooms, and in 2022 State Representative Carl Tepper of Lubbock, Texas filed a bill prohibiting state funding toward “any office of diversity, equity, and inclusion,” or an office that supports DE&I goals.
Governor Abbott’s directive does not apply to private sector employers, but it gives insight into the way his administration views state and federal employment laws. As such, employers with employees located in Texas should closely monitor further developments and keep an eye out for lawsuits related to DE&I initiatives in the workplace.
Recent state law developments have muddied the waters on what may have previously been deemed a straightforward best practice: the pursuit of a more diverse workforce. For example, Florida Governor Ron DeSantis signed the state’s Individual Freedom Act, dubbed the “Stop Wrongs to Our Kids and Employees Act” or “Stop WOKE Act,” on April 22, 2022. As written, the Act would amend the Florida Civil Rights Act and prohibit employers from forcing employees to participate in so called Critical Race Theory-influenced training as a term and condition of employment. Specifically, the Act prohibits employers from requiring employees to participate in activities that imply a person’s status as either privileged or oppressed is necessarily determined by the person’s race, color, national origin, or sex.
The implementation of the Stop WOKE Act has been partially put on hold by an August 18, 2022, federal district court decision, wherein Chief Judge Mark Walker of the U.S. District Court for the Northern District of Florida issued a preliminary injunction partially blocking enforcement of the Stop WOKE Act against employers by the Florida Commission on Human Relations (FCHR) and the Florida Attorney General. However, the Act still provides a private right of action for individual employees who feel aggrieved, and that provision is currently in effect regardless of the preliminary injunction.
Currently, the district court decision enjoining the FCHR and Attorney General from enforcing the Stop Woke Act against employers is on appeal in the Eleventh Circuit, which sits in Atlanta, Georgia. The Eleventh Circuit has previously overturned Chief Judge Walker’s rulings against Governor DeSantis regarding felony voting rights and election integrity issues. That said, it is unclear how the Eleventh Circuit will come down in this appeal.
On the other hand, blue-leaning states have been developing legislation to require DE&I efforts in hiring. In 2020, the State of Washington enacted a Gender-Diverse Board of Directors law that requires certain public corporations to have at least 25% of their boards be made up of people who identify as women. The law requires employers to disclose to shareholders how they consider diversity of the board and provide measures taken to address a lack of diversity.
In 2018, California enacted Senate Bill 826, requiring publicly held corporations with principal executive offices in California to include a certain number of female board directors, dictated by the size of the board. In 2020, California Governor Gavin Newsom signed Assembly Bill 979 into law, similarly requiring publicly held corporations with principal executive offices in California to include a minimum of one director from an “underrepresented community.” Each of these laws imposed fines for non-compliance.
Both of the California laws were subsequently challenged and overturned in the courts. The State Superior Court sitting in Los Angeles held in 2022 that the law aimed at gender discrimination violated the state constitution’s Equal Protection Clause and that there is “no compelling government interest in remedying generalized, non-specific allegations of discrimination.” Also in 2022, the California law aimed at ending discrimination against “underrepresented communities” in board leadership was also overturned under the state Equal Protection Clause. The court found that the law treated similarly situated, qualified potential corporate board members differently based on their race, sexual orientation, and gender identity without sufficient justification.
Employers must also keep in mind that Title VII of the Civil Rights Act of 1964, as amended, prohibits discrimination based on certain protected characteristics, including discrimination against members of the majority groups of each protected characteristic. In other words, “reverse discrimination” is unlawful. So, when Title VII says it is an unlawful employment practice for an employer to refuse to hire, or to discharge, or to discriminate against any individual because of such individual’s race, that prohibition protects white individuals in the same way it protects individuals of minority group races.
For example, in 2021, the federal jury in the Western District of North Carolina case Duvall v. Novant Health, Inc. found that the white, male plaintiff had been unlawfully discriminated against due to his race and sex. Mr. Duvall alleged that his employer had fired him as part of its goal to achieve racial and gender diversity, in violation of Title VII, and the jury agreed.
As we can see, it is important to analyze the representation of protected characteristics as part of a company’s wholistic approach to monitoring its diversity efforts, but it is inappropriate to make hiring decisions toward individuals of any group due solely to their membership in that group.
It is important to remember that these laws are constantly evolving over time. Prohibitions and limitations like those currently being tested in Florida and Texas should give employers pause before implementing DE&I trainings
that were prepared before the limitations came about. Further, training for employees on topics such as implicit bias and many forms of discrimination likely need to be revised for certain states, rather than using a one-size-fits-all approach for training programs across the country. And, once those revisions are made, they must be revisited often to account for changes to the legal landscape.
As for hiring plans related to diversity, employers should ensure that the focus is on hiring the most qualified employees from a diverse applicant pool. DE&I initiatives should remove barriers and create an inclusive workplace in order to attract candidates from all backgrounds. Note that specific quotas based on the hiring or retention of certain gender, ethnic background, or other categorical aspects are typically not going to withstand legal scrutiny.
Employers should monitor state law developments in all states in which they have employees performing work. Before offering or requiring any equal employment or DE&I trainings, ensure that the programs are up to date on legal compliance. Due to the quick pace at which DE&I laws have been changing as of late, employers will need to review their policies and trainings more frequently than they may have before. Consider consulting experienced equal employment opportunity and DE&I counsel to be best protect your company.
Emma Chase, Employment Law Attorney Littler Charlotte Office echase@littler.com www.littler.com
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