February 2023 Digital Issue of HR Professionals Magazine

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5

of Data Facts, Inc.

10 Talking Taboo – Chapter 3 by Alex Alonso

22 Black History Month – See Something. Say Something. Do Something. That is What

14 The SHRM Top Five: A Look Ahead to Key Workforce Policies in ‘23

17 The Strength of Experience

– Rainey Kizer Reviere & Bell

26 FTC Proposes Banning Non-Compete Provisions for Workers

33 Tennessee Workers’ Compensation Handbook 14th Edition

35 SHRM Employment Law & Compliance Conference in Washington, D.C.

February 26-28

Top Educational Programs for

HR Professionals

7 Start 2023 Off with a Big Step Forward in Your Career!

9 Which SHRM Learning Journey is the Right Path for You?

23 Save 20% on HRCI Courses in 2023 – Use Code HRMAG23!

27 Register Today for Online HRCI | PHR | SPHR Certification Beginning February 15

29 Keep Your People Safe – Workplace Violence Prevention

Industry News

6 SHRM-Atlanta SOAHR Conference

March 22 in Duluth

8 ALSHRM Conference in Perdido Beach

May 15-17

34 Louisiana HR Conference in Lafayette

April 20-21

37 SHRM Talent Conference in Orlando

April 16-19

38 Pictorial Highlights of January HR Events in Memphis

39 SHRM23 in Las Vegas June 11-14

March 2023 Issue features highlights from the SHRM Employment Law & Compliance Conference plus Updates on Employee Benefits

Deadline to reserve space February 15

The average tenure of employees who use

This issue features payroll and HR technology. We are so honored to have Daphne Large, CEO of Data Facts, on our February cover! Data Facts is a charter sponsor of HR Professionals Magazine, and I cannot think of a more deserving person to honor in this issue. Daphne got her start in the consumer reporting industry at the young age of 16 at Equifax Services. She launched Data Facts in 1989 starting off providing consumer information to mortgage lenders assisting them in closing mortgage loans. In 1991 Data Facts diversified into the background screening industry. Daphne is an ardent admirer of Winston Churchill and believes in his words, “We make a living by what we get, but we make a life by what we give.” Data Facts continues to exemplify the best of HR technology with their service to HR professionals. Read all about Daphne on Page 5.

We also honor DailyPay in this issue for their innovative advances in how we pay our employees. They have transformed the payroll industry by paying employees daily rather than weekly, bi-weekly, or monthly as most companies do. Their technology enables employers to keep employees

longer. The average tenure of employees who use DailyPay increased 27% over those non-DailyPay users. That’s 39 additional days on the job! Scan the QR Code on our back cover to learn more! Be sure to catch their article on Page 18!

Have you read “Talking Taboo: Making the Most

of Polarizing Discussions at Work?”

We are excited to present a chapter of Alex Alonso’s excellent book in each issue. This month we present Chapter 3: How to Assess and Guide Taboo Talk. Alex is SHRM’s Chief Knowledge Officer. HR professionals and managers struggle with the polarizing discussions now impacting every workplace from sports and religion to politics. Alex teaches us how to manage these discussions and enhance your workplace. Order your copy today from the SHRM bookstore!

Mark your calendar and register today for the upcoming SHRM Employment Law & Compliance Conference in Washington, D.C. February 26-28. See the full-page ad on Page 35 for the exciting details and scan the QR code to register today! You do not want to miss this important conference! We also have

details on the 2023 SHRM-Atlanta SOAHR Conference in Duluth in this issue on Page 6 and the 2023 ALSHRM State Conference in Birmingham on Page 8. Don’t miss the Louisiana HR Conference in Lafayette in April. Check out the details on Page 34.

Keep your New Year’s resolution this year and get certified in 2023! We will begin our next Online HRCI PHR | SPHR Certification Exam Prep Class on February 15. I am so proud that our class has a 90% pass rate! You will receive personal instruction, and I will stay with you until you pass! The deadline to register is February 8. Please visit our website to register, www.hrprofessionalsmagazine.com It is affordable and only lasts 8 weeks!

Get certified in 2022!

cynthia@hrprosmagazine.com

Congratulations to Luvenia Saulsberry, SPHR

Luvenia Saulsberry, SPHR, is an HR professional with 13 years of experience. She recently passed her SPHR exam. A native Memphian, Luvenia graduated from The University of Tennessee at Chattanooga, majoring in HR and Business Management. She is a member of several civic organizations dedicated to implementing service programs to enhance the socio-economic and educational well-being of local, national, and international communities.

Luvenia is a graduate of HR Professionals Magazine August 2022 Online HRCI | PHR | SPHR Certification Exam Prep Class.

DaphneLARGE

Daphne Large, CEO | Data Facts, Inc.

Daphne Large, founding CEO of Data Facts got her start in the Consumer Reporting industry at the young age of 16 at Equifax Services. In 1989, Daphne recognized a competitive advantage in the Consumer Reporting Industry and started Data Facts. Headquartered in Memphis, Tennessee, Data Facts initially focused on providing consumer information to mortgage lending institutions to assist them in closing mortgage loans. In 1991, Data Facts diversified its portfolio by expanding into the Background Screening industry.

Since those early days, there have been many enormous industry changes and technology advances. Staying competitive demanded that Data Facts make heavy investments in equipment, talent, and training. Even though the landscape is vastly different now than it was 34 years ago, Data Facts’ overall concept remains steadfast. In Daphne’s words: “If we take care of our people, they will take care of our customers, who will then take care of the company. We do and it works.”

Daphne was inducted into the Society of Entrepreneurs in 2014 and is a frequent contributor to Entrepreneurial and Leadership programming. She has been named CEO of the Year by the Memphis Business Journal, Super Woman in Business, Top Women Owned Business many times and Data Facts has been named a Top Workplace more than once.

Daphne currently serves the Memphis community in many capacities. She serves on the University of Memphis Foundation Board, she is the immediate past Chair of the Chairmen's Circle, the highest level of investors of the Greater Memphis Chambers, serves on the Board of Directors for the Greater Memphis Chamber, is a past Board Chair of New Memphis and currently remains on the Board. She served on the Board of the Society of Entrepreneurs through 2020, served on the University of Memphis LEAD Board, served as the Treasurer of the Board of Directors for Make A Wish Mid-South and served 7 years on the Board of Trustees for St. George's Independent School as Vice Chair and Secretary as well as other civic endeavors. Daphne also served as the Board Chair of the National Consumer Reporting Association.

Daphne is passionate about giving back and believes to whom much has been given, much is expected. She is an ardent Winston Churchill admirer and believes in his words of “We make a living by what we get, but we make a life by what we give.”

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We are honored to present our third installment of Talking

Taboo

Making the Most of Polarizing Discussions at Work

BY ALEXANDER ALONSO, PHD, SHRM-SCP ALEX IS SHRM’S CHIEF KNOWLEDGE OFFICER.

Chapter 3

How to Assess and Guide Taboo Talk

SHRM research indicates that an overwhelming majority of employees (95 percent of those surveyed!) have been involved in contentious workplace conversations—as participants, bystanders, or managers called in to handle the disruption.

Honestly, who hasn’t engaged in taboo talk? Why do people who ought to know better discuss polarizing issues, sometimes even going out of their way to do so? And on the job, no less, where con-tentious conversations can strangle collaboration and productivity?

Polarizing topics are alluring for two main reasons: talking about them elicits emotion and introduces unpredictability to human encounters. These are not negative experiences for many people. The desire to feel or express strong emotion and join in unpre-dictable interactions, even vicariously, accounts for the deep pop-ularity of such things as gossip tabloids that pass along outrageous rumors and shock jocks and pundits who shout from radio programs and podcasts.

But what about taboo talk at work? How can those responsible for making sure their organizations run smoothly address the dis-ruptions created by these conversations? Polarizing discussions on the job clearly pose problems, both immediate and over the long term, with consequences both obvious and still unseen. Taboo talk is widespread and seemingly inevitable.

It’s time to call in the HR bomb squad to deal with this inter-mittently exploding workplace powder keg.

SHRM, the world’s largest society of HR professionals, did in fact respond to the turbulent conversations taking place nationwide in 2020, and its responses are ongoing. The lessons learned from its efforts led to the practical strategies offered in this chapter for handling workplace polarization more effectively. These new tools help managers by assessing and guiding taboo talk instead of ignoring or suppressing it.

ASSESSING EMPATHY

As the world continues to grapple with COVID-19, social injustice, political turmoil, and economic uncertainty, employers continue to encounter the forces of polarization. In 2020, as more and more contentious issues came to the forefront, few organizations were ready for the volume and vehemence of the workplace conversations taking place among their employees, customers, and other stakeholders. In response to burgeoning unrest around the United States that summer, SHRM established a Blue Ribbon Commission on Racial Equity as a call to action for the business community to address racial inequity in the workplace.1 The commission’s members include executives, HR professionals, researchers, and academics committed to developing safe, civil, and positive organizational cultures. They have determined that promoting diversity, equity, and inclusion (DE&I) is impossible without a strong focus on empathy.2 Empathy is more than a soft skill that is simply nice to have—it is an essential business skill. All of us, from entry-level employees to C-suite executives, must learn to put ourselves in others’ shoes, purposefully seeking to understand and learn from many people’s unique perspectives.

One of the commission’s projects in 2021 contributed to making the business case for empathy. SHRM conducted a survey of US workers for their views on empathy in the workplace,3 which yielded real numbers to support putting idea into practice.

Nearly 2,500 people participated in the survey. They were asked to rate both their organizations and coworkers on various aspects of empathy. A large majority of participants—78 percent— said that empathetic employees were viewed as better overall performers. Those who gave high empathy scores to their employers were twice as likely to consider their organizations financially sound and almost four times more likely to recommend them to potential job seekers as good places to work (compared with organizations given low empathy scores). Meanwhile, employees in low-empathy organizations were twice as likely than those in empathetic organizations to be actively searching for new jobs.

1 Society for Human Research Management, “SHRM Announces Blue Ribbon Commission on Racial Equity,” press release, August 5, 2020, https://www.shrm.org/about-shrm/press-room/press-releases/pages/shrm-announcesblue-ribbon-commissionon-racial-equity-.aspx.

2 Society for Human Research Management, SHRM’s Blue Ribbon Commission Report on Racial Equity, 2021, https://pages.shrm. org/brcreport?_ga=2.249223490.437339477.1631823373-1361937067.1466991061.

3 Society for Human Research Management, Empathy: DE&I’s Missing Piece: Empathetic Workplaces Enhance Productivity, Employee Engagement and Inclusion, 2021, https://www.shrm.org/ResourcesAndTools/tools-andsamples/toolkits/Documents/ TFAW21_EmpathyReport.pdf.

Continued on our website: https://hrprofessionalsmagazine.com/wp-content/uploads/2023/01/chapter-3.pdf

Professionalism, Or the Lack Thereof

By KEN JOYNER

Itall began as a beautiful winter morning in Tampa, Florida. The temperature was in the low seventies and a gentle zephyr was blowing from the Gulf of Mexico. The car windows were rolled down to enjoy the fresh air, knowing full well in a couple of months the hot, humid summer temperatures would not be conducive to having the windows down.

I was stopped at a red light waiting patiently to turn into the office complex where my office was located when I began to hear something very loud getting closer in, a cargo van pulled up beside me that looked like it had not been washed in years. Disgustingly filthy are the only words to describe the outside appearance of this vehicle, as if it had been in a war zone. Besides its outward appearance, heavy metal music was blaring from within, so loud the van’s windows shook. Its occupants, if not hard of hearing before they got in the van are now close to being deaf.

As I tried not to, recalling the words Mom always said, “it is not nice to stare,” the small magnetic sign on the side of the van came into view. It was the name of the vending company servicing the office complex I worked in, “Professional Vending Services." This made me look more closely. Inside the van were two dirty, grimy looking characters. One had a baseball cap on backwards and the second man had a cigarette dangling from his lips.

Unprofessionalism lost them business

At that point this thought came to me: "How could the vending company have such a motley crew representing their company with a van looking as disgusting as it did?" Is it any wonder that many people don’t have a high opinion of some vending companies? What do the customers of this so-called professional vending company think when these two people stroll in to restock the machines looking the way they do? The idea of these two handling the food products I could be purchasing made me lose my appetite and the desire to ever purchase again from the vending machines at my office.

Vending companies that fit into this category often leave so many fingerprints on the glass fronts of their snack and cold beverage machines that you sometimes have trouble identifying what the products are inside. These are the same people that supposedly have 10 selections of cold beverages in their machines to find out that only eight selections are in working condition.

I walked in the break room after these two had supposedly filled the five vending machines in the break room. One was a glass front machine that had twenty-one sold-out selections and the drink machine had an out-of-service sign taped to the front. A snack machine that was at least fifteen years old, a cold food machine with over half the selections empty and lastly, a coffee machine that looked as though it sailed on the Titanic. Is it no wonder that our team members are so disgusted with the vending company?

What professional service gets you

At Advantage Refreshments, all locations get brand new, state-of-the-art, 2023 model vending machines with the latest technology to best serve the employees at your business. No more dealing with disgruntled team members saying, “the vending machines ripped me off again, took my money and did not vend the product I paid for.” Our machines come with a guaranteed product delivery system meaning that if a team member puts money in one of our machines, they will get either the product they wanted, another choice of equal value or their money back, guaranteed! Each machine is equipped with a credit card reader and our machines will also accept currency up to a $20 bill and give change back. During the first thirty days after installing new vending machines, we give away cash prizes, Lotto tickets, free vend coupons and each employee will receive a Visa Gift Card to use for purchasing items from the vending machines, all at no cost to your company. Does your current vending company treat your employees like this? The answer is a resounding NO!

Being a professional in vending doesn’t cost that much more, and in the long run, the return on invest will far exceed the price paid for not being professional. Let Advantage Refreshments ensure your associates have the drinks, snacks, meals, and ice cream that they rightfully deserve. Being an active member of SHRM for over 25 years with the SHRM-SCP certification gives me the insight into the daily challenges you face. Advantage Refreshments will elevate vending to a much higher level, such that your employees perceive it as a true benefit of working at your organization. What are you waiting for?

Ken Joyner, SHRM-SCP 715-587-7900

A Look Ahead to Key Workforce Policies in ‘23

SECTION I:

Government Efforts to Increase Wages Will Increase Pressure on Employer Payrolls

HR professionals can expect increased payroll costs due to regulatory actions by the Biden Administration and workers will continue to advocate for more pay as inflation persists. The Department of Labor (DOL) is expected to release final regulations altering the federal requirements governing worker classification and overtime compensation that will increase wages for some workers and costs for employers.

The Big Picture: DOL is poised to issue final regulations replacing the current federal “core factors” test for worker classification—which assigned significant weight to the worker’s nature and degree of control over their work and a worker’s opportunity for profit or loss—with a “totality of circumstances” test. The proposed test would assign equal weight to a list of stated factors: the degree of permanence; whether the work is integral to an employer’s business; the respective investments of the worker and the employer; and a worker’s skill and initiative. The amended test is predicted to lead to more workers being classified as employees rather than independent contractors.

DOL is also updating federal overtime regulations and is expected to limit further the existing overtime exemptions rule by both increasing the current salary threshold ($35,568) and restricting which employees can be classified as bona fide executive, administrative and professional employees. Because more workers would be classified as employees and overtime eligibility would increase, employers should expect greater payroll costs following the implementation of DOL’s regulatory actions.

HR professionals may find some relief from an unexpected source—state pay disclosure laws. Increasingly, economic evidence from jurisdictions with pay disclosure requirements has found that these laws increase pay compression by reducing the bargaining power of highly compensated workers. Reducing the earnings of highly compensated workers has the dual effect of increasing pay equity by bringing the compensation of these workers in line with organizational pay bands and reducing inflationary pressure on wages overall. In 2023, it is likely that state legislatures will follow the lead of jurisdictions like California, Colorado, Washington State, New York State and New York City, which have passed legislation that requires employers to post a position’s salary range in any job posting.

Significant Regulatory Action by FTC, EEOC and NLRB Will Impact HR Leaders

The Equal Employment Opportunity Commission (EEOC) will likely have a Democratic majority for the first time since 2019, potentially increasing rulemaking, guidance and enforcement actions.

The Big Picture: The Federal Trade Commission (FTC) has embarked on an ambitious rulemaking project that would ban the use of non-compete agreements for any employer and any worker (including employees, independent contractors and others). In addition to the broad definition of worker, the proposed regulation defines non-compete agreements broadly by including any agreement that may have “the effect of prohibiting the worker from seeking or accepting employment with a person or operating a business after the conclusion of the worker’s employment with the employer.” If the FTC moves forward with this approach, it will place in jeopardy the ability of HR practitioners

to require the repayment of education or training benefits or to use nondisclosure and non-solicitation/non-servicing clauses. If the proposed rule is finalized, the FTC authority to issue such a regulation will be scrutinized by the courts; and the courts will likely weigh whether the FTC has a clear congressional mandate to issue rules governing “unfair methods of competition” and/or a clear authorization from Congress to issue such sweeping regulations.

In addition to more frequent EEOC enforcement action, employers should anticipate potential federal regulatory action related to the use of automated or tech-based hiring systems and the reinstatement of pay-data reporting requirements under EEO-1 Component 2. After a lengthy court battle with advocacy groups, the EEOC issued pay data collection via EEO-1 forms for fiscal years 2017 and 2018. The Commission refused to renew the collection request in 2019 and indicated that it could institute pay data collection through separate rulemaking in the future. Employers should anticipate greater federal scrutiny of their compensation practices and ensure they are well prepared to comply with any new pay disclosure requirements.

The National Labor Relations Board (NLRB) will also continue to advance rulemaking and legal standards designed to ease the union election and recognition process. The NLRB will actively explore opportunities to bring litigation against employers accused of inhibiting the efforts of workers to organize.

Employers and HR Professionals Will Continue Navigating an Evolving State Policy Landscape

With significant federal legislation less likely under divided government, a considerable number of policies affecting employers have been introduced and implemented at the state and local levels. Policies such as paid leave, predictive scheduling and minimum wage standards have been enacted by state legislatures or local governmental bodies in recent years.

The Big Picture: The state-level regulation of artificial intelligence (AI) and its use in employment decisions is also likely to continue. Legislation related to AI will most likely focus on audits of current AI systems used by employers to help make employment decisions and on attaching liability to employers if the system is found to be discriminatory.

There may also be continued state action along the lines of a California law that created an “industry council” with delegated legislative authorities to institute industry-wide requirements regarding pay, hours worked, training and safety standards for the “fast-casual” dining industry.

Illinois recently enacted an amendment to the state constitution that enshrines the right to collectively bargain wages, hours and working conditions. This effort may be replicated in other states.

Employers Will Continue to Face a Tight Labor Market Despite a Potential Recession

While economic activity is projected to slow in 2023, competition for workers is likely to persist due to the continued aging of the U.S. workforce and absence of significant immigration reform. Worker pay expectations may continue to rise with inflation, even in the face of an economic downturn and increased layoffs.

The Big Picture: While the prime-aged employment-to-population ratio (the percentage of individuals aged 25-54 in the workforce) has largely rebounded, overall labor force participation remains well below its pre-pandemic high. This is driven in part by a sharp decrease in labor force participation by individuals aged 65 and over. Federal Reserve Chair Jay Powell recently stated that “retirements in excess of what would have been expected from population aging alone … account[ed] for more than 2 million of the 3 1/2 million shortfall in the labor force.”

Workers with caregiving responsibilities see an immediate decrease in the probability of employment following the start of their caregiving responsibilities, with men more likely to leave the labor force permanently. While an increase in unemployment would typically result in the slackening of the labor market, the accrual of excess savings by workers over the pandemic may enable displaced workers to be more selective in their job search process.

The Biden Administration could use the immigration system to alleviate some of the decline in labor force participation. Nonetheless, the persistence of a tight labor market could discourage the creation of income support programs like the Paycheck Protection Program, which was created in response to pandemicinduced recession. Employers should continue to develop and deepen their collaboration with education and training providers to ensure they have access to qualified talent.

Changes to Health Care and Paid Leave Benefit Requirements Will Increase Employer Costs

The affordability and governance of employer-provided health benefits are likely to come under closer scrutiny at both the state and the federal levels, with Michigan and Minnesota poised to join the 11 states and the District of Columbia with existing paid family and medical leave mandates.

The Big Picture: With mental health receiving greater attention, DOL has announced its intention to revisit regulations of the Mental Health Parity and Addiction Equity Act related to all insurance plans and employee wellness plans. The IRS, as required by the Affordable Care Act, will revise the definition of “affordability” for minimum essential coverage. In 2023, the percentage affordability benchmark is set to drop significantly from 9.61% to 9.12%, increasing employer financial responsibility. While core inflation is exceeding inflation in the health care industry, it is unclear if this trend will persist.

With the Supreme Court declining to hear ERISA Industry Committee v. the City of Seattle, Washington, for which SHRM joined an amicus brief, states and localities are likely to extend “play-or-pay” laws. These laws subject all employers, including self-insured employers that would otherwise receive Employee Retirement Income Security Act (ERISA) preemption, to state or local affordability and coverage requirements. The weakening of ERISA preemption may also interact with potential state action on family planning in response to the Dobbs v. Jackson Women’s Health decision. In Michigan and Minnesota, Democrats won total control of state government, increasing the likelihood that these states will require employers to offer workers some form of paid leave.

Jane Davis, Virginia

“Legislation that allows the Optional Alternatives to the Physical Document Examination Associated with Employment Eligibility Verification (Form I-9). Employers need to have a process that supports the remote work environment and 21st century technology.”

Pamela Berfet, North Carolina

“Expanded healthcare with increased funding for mental health. The pandemic has really shown the need for increased mental health support. The one to five visits just aren’t enough for some and the visits needed after the EAP is exhausted can be too expensive for many.”

John Price, Michigan

“Cross-functional business-government apprentice and training programs for the next generation in the workforce.”

SECTION III: Join the A-Team to Drive Change in 2023

As SHRM prepares to engage local, state, and federal policymakers in its 75th anniversary year, SHRM’s Advocacy Team (A-Team) and its 19,000+ members stand ready to advance public policies that foster better workplaces and create a better world.

Lawmakers rely on the voice of SHRM members—to inform legislation from its inception and shape enduring policy to best address the needs of employees and employers. SHRM’s A-Team is the core driver of positive workplace policy in action.

SHRM and its more than 318,000 members are uniquely qualified to advocate on workplace policy issues. The collective work of our membership impacts the lives of more than 150 million employees—your voice must be heard. Together, we can influence workplace public policy that impacts millions of workers each day.

Tina Olson, Missouri

“I believe the HR voice is critical to policy makers, particularly when you look at the demographics of elected officials. Policy impacts the workplace and the workload of HR professionals. A one-size-fits-all for policy doesn’t work for all organizations.”

A-Team members are provided with the training and education needed to effectively influence workplace policy. You will reach out to your lawmakers by sending emails or making calls, visiting them in their district offices or by attending state Advocacy Days organized by your SHRM State Council or Chapter.

SECTION II: SHRM Advocates Share Their Perspectives

When asked about the one workplace issue they would like to see addressed in 2023, SHRM advocates didn’t hesitate to make their voices heard. See what issues HR professionals want policymakers to address in the New Year.

As a member of the A-Team, you will build relationships with other SHRM members, develop persuasive communications and policy skills and drive your career forward as a strategic partner in your organization.

Join SHRM’s A-Team today by texting ATEAM to 52886 or visit https://p2a.co/9z6ydkm.

Embracing New Technology: Streamlining Your HR Integrations

By LISA MAY

HR professionals operate on information. If the processes don’t let information flow to and from HR, there will be issues.

This fact, though hard to swallow, is why there are so many software systems geared toward making HRs life easier and elevating the candidate experience.

Finding the right software stack for your HR team’s processes is vital to long-term success. A 2020 survey from KPMG found that 3 in 5 HR leaders believe if the HR function doesn’t modernize its approach, it may become irrelevant.

Companies that aren’t proactively researching and investing in solutions that streamline and automate the HR process are sabotaging their efforts, risking their information, and causing more work for their team.

Let’s look at how integrations benefit organizations, the downsides of implementation, and how to create an easier way to access the ones you need.

How Do Integrations Benefit the Company?

Putting a high-performing integration stack to work has far-reaching advantages for the company, HR team, job candidates, and employees.

Decrease manual processes. Automating tedious, repetitive tasks can save time in everyone’s day. Using integrations, with functions such as drag-and-drop and autopopulation, can decrease human data entry errors that cause big headaches, too.

Keep all information on a single platform. Instead of jumping in and out of systems and trying to find candidate and employee information, integrations make it possible for users to seamlessly organize and access information.

Improve the candidate and employee experience. Losing, failing to share, and erroneously filing important candidate and employee information is frustrating and, frankly, makes your company look bad. Integrations make tasks like onboarding run smoothly and flawlessly for the employee. They’ll appreciate that.

Downsides of Adopting HR Integrations

Looking at the rewarding benefits integrations offer, you may be thinking “sign me up!”. Unfortunately, HR hasn’t been able to just flip a switch and turn integrations on without issue. Implementing integrations can be challenging for several reasons.

· The process is time-consuming. Adding tools to your HR software stack takes planning, preparation, involving key stakeholders, dealing with snags, testing, and training. Every step takes time away from other projects and initiatives.

Integrations can get expensive. While a couple of integrations may not break the bank, some companies need a network of tools to keep their HR projects organized and efficient. Integrating each one can strain budgets and sap resources from other crucial company investments. Spend too much, and you negate any savings the integrations offer.

Adding them can be complicated. New technology always works perfectly the first time. Right? We wish! Complex integrations that require in-depth setup and execution can run into frustrating glitches and snags. These obstacles can cause the integration to get stuck and take longer than expected. Integration problems can cause gridlock and pull team members away from other essential duties.

Are Integrations Worth It?

It’s true there can be issues with implementing integrations that can be frustrating and time-consuming for HR and IT. However, HR shouldn’t give up on streamlining its processes and making it easier to access information.

By carefully researching potential software tool additions, companies can proactively alleviate some of the biggest implementation issues and roadblocks by:

Choosing tools that seamlessly integrate.

Finding tools that perform multiple functions, which keeps a lid on the number of integrations needed.

Using an easier way to integrate your software pieces.

Making Integration Adoption Faster and Easier by Embracing Extensions

A new way of taking advantage of multiple helpful HR tools without the implementation headaches is by using extensions. An extension can:

Connect your HR cloud. Extensions allow HR professionals to connect the tools they already use, and the ones they want to add, without having to implement them one by one. It’s a plug-and-play strategy that makes it easy.

· Offer access to dozens, or hundreds, of software tools. Open up a new world of potential solutions that will streamline your HR workflows, manage projects, and facilitate candidate onboarding. Extensions have already done the legwork; your company benefits from the ease of use. Decrease implementation time, cost, and headaches. An extension gives HR the ability to quickly take advantage of valuable tools without a lengthy implementation time. In addition, there aren’t expensive setup costs or requirements. Many extensions are cost-effective and only require a Google Chrome browser to work immediately.

HR professionals know the urgency involved in maintaining a high-performing, cohesive network of tools to help manage candidate and employee information. Software solutions will only become more essential as the market moves quickly toward technological solutions to increase productivity, decrease errors, maintain security, and elevate the employee experience. The HR team should prepare for adding new software tools to their current platforms and proactively find ways to decrease implementation time and headaches.

Lisa May, Executive Vice President Data Facts, Inc.

THE STRENGTH OF EXPERIENCE

As the issues facing employers and HR professionals become more frequent, challenging, and complex each year, you need a law firm that provides advice for your specific organization.

For over 45 years, Rainey Kizer Reviere & Bell has advised businesses, non-profit organizations, and governmental agencies in all aspects of employment law.

To learn how we can assist your organization, please contact us.

Empower Your Employees: Change Pay For Good

By DAR MIRANDA

We are living in transformational times. Advancements in new technologies expedited by the global pandemic have changed the relationship between employer and employee. Expectations have changed on both ends. A driving reason for this shift can be traced back to how many of us took a step back during the global pandemic to reevaluate our own priorities and what truly matters most in life.

Employers took notice and even further prioritized the wellness of their teams. They listened to what mattered most to them and took a holistic approach to fortify the employer-employee bond. They understood how vital it is to make life easier for your staff, so they spend valuable time with friends and family.

By leveraging the feedback from the employees, companies took steps to marry data and engagement to help their businesses perform better. And in turn, to help make their employees be the best version of themselves.

The notion of empowerment emerged. Empowering your employees to live the life they want by arming them with the flexibility to make choices that are best for themselves and their families grew.

In some cases, this empowerment came from a very unexpected place–pay.

Leveraging advancements in technology, DailyPay has revolutionized the antiquated pay cycle with a modern, insight-driven on-demand pay solution that helps America’s leading employers to activate their workforce and build stronger relationships with their employees, so they feel more engaged, work harder, and stay longer.

By empowering employees with choice and control over their earned pay, they can pay bills, spend, save, and invest on their own schedule. Not an arbitrary pay day.

But empowerment goes way beyond just on-demand pay. It’s visibility into your earned income that can provide critical pay transparency that can have a major impact on DailyPay users’ lives. With more concrete knowledge of their spending power, users can make important financial decisions, which is particularly critical during the current challenging time of high inflation.

With this in mind, DailyPay created the Pay Balance, included in Time Magazine’s “2021 Best Inventions” issue. The Pay Balance is the real-time balance of available funds that increases as you work and can be instantly transferred or used 24/7, as if it were a checking account.

According to DailyPay user surveys, 67% percent of DailyPay users say having access to their earned income has helped reduce their financial stress. Reduced stress means employees can focus on productivity at work, take extra shifts, and call out less.

It means they can bring their best version of themselves to work. Even in these uncertain economic times.

Inflation is a people problem that affects us all. From hourly workers to those in the C-Suite. The high cost of everything can put a strain on anyone’s budget. So the timing of pay can become a game-changer in staying out of the vicious cycle of debt. That’s where an on-demand pay benefit can be so critical.

Research done by the Aite Novarica Group commissioned by DailyPay revealed that having access to your pay as you earn it can eliminate such financial crippling options for an overwhelming majority of people who are stuck using these predatory financial services. For example, 95% of those who were previously reliant on payday loans in any way either stopped using payday loans (81%) or reduced use (15%) after using DailyPay. And 97% of those who said they had overdrawn their bank account prior to using DailyPay now rarely or never incur overdraft fees (79%) or report experiencing fewer instances of overdraft fees (18%) after using DailyPay.

A recent study from Statista shows that people are more loyal to their cable company or favorite retailer than their

Cash When You Need It

job. So it’s important for employers to recognize that it’s not just loyalty towards one’s job, it’s about loyalty towards one’s career. And focusing on how we can achieve that collectively.

Because when employees feel their employer is invested in making their lives better, they feel valued. They feel appreciated. They feel a commitment that will drive them to succeed. Which is a win for the employee, the employer, and the customer.

A commitment that starts one payment at a time.

Dar Miranda Vice President of Product Management, UX Design and Research at DailyPay

Borrowing Considerations to FUND Retirement Plan Liabilities

By EDDIE L. VAUGHN

Pension sponsors often deal with fluctuating annual contributions and a funded status that never seems to improve. A troubling reality since a well-funded plan and predictable plan contributions would obviously be ideal.

A pension plan’s annual contribution can be determined by considering the plan sponsor’s funding policy (limited by ERISA’s minimum contribution requirements). Nevertheless predictable annual contributions and a well-funded plan are both difficult to achieve. Even more so for under-funded plans.

When it comes to the more volatile under-funded plans, are fluctuating annual contributions the best strategy to improve the plan’s funded status? Maybe there’s a better way.

Plan sponsors of any size, especially organizations with a strong balance sheet and debt capacity, may have an untapped resource that could help, i.e., the capacity to borrow.

What are the benefits of a larger single contribution to the pension plan?

• Eliminating the minimum required contribution for a period of time, creating a contribution holiday

• Paying back the loan with fixed annual payments that are potentially less than current contributions

• A balance-sheet-neutral transaction, exchanging a variable pension debt for a fixed debt

• A higher funded status that lowers investment risk by swapping volatile return-seeking assets for stable liability-hedging assets

• More benefit security allows additional de-risking action such as annuitization, or lump-sum settlements

• Increasing corporate earnings if the pension cost is lowered as a result of an immediate increase to plan assets

• Potentially lower PBGC variable-rate premiums

• An organization’s debt capacity may not be sufficient, or the company may need to keep some debt capacity for other business needs, such as acquisitions or capital improvements

• Taxable entities may want to delay a larger one-time contribution if higher corporate tax rates are expected soon

• Depending on a variety of factors, the contribution may not generate a significant reduction to the PBGC variable-rate premium

It takes careful analysis to see if a borrow-to-fund transaction is right for your plan. For certain plan sponsors, a larger one-time financially engineered contribution could be an advantageous tactic. This approach may create a positive outcome on the funded status of the plan and reduce risk. It can lead to lower cash flow commitments for the near future, a balance-sheet-neutral transaction, and improved earnings.

First, consider a one-time, larger contribution that could be financed. The amount might be determined as follows:

• The next five years (or some specific period) of plan contributions

• An amount to fully fund the PBGC variable-rate premium liability

• Half of the plan’s current shortfall based on the funded status on the company’s balance sheet

• Potential for taxable entities to deduct the borrowing costs

There are several considerations in evaluating whether a borrow-to-fund strategy is optimal:

• A large, financed contribution requires careful evaluation of the investment strategy for the plan, including the borrowed assets

Eddie L. Vaughn, FSA, MAAA, EA McGriff Retirement Practice Leader

See Something, Say Something, Do Something, That is What Truly Matters: BLACK HISTORY MONTH

By AMY SCHABACKER DUFRANE

February is Black History Month, which is officially recognized by governments in the U.S. and Canada and observed in Ireland and the U.K. It focuses our attention on the contributions of Black people as well as teaches us about noteworthy individuals who have helped shape and change our society. The last few years have been particularly historic, and to help us understand the magnitude of the diversity and inclusion topic, I’ve turned to Dr. Denise Caleb, president of the Human Resource Standards Institute (HRSI), an HRCI company.

Denise, awareness of the Black diaspora has intensified over the past few years. Do you think employers have made strides in reducing discrimination?

That is a loaded question because it depends on the industry and the organization that is being evaluated. And the measure of discrimination itself is a complex question, which can be difficult to evaluate.

If we were to review the measures organizations have put in place that align with the international standards of diversity and inclusion and represent alignment with the HR Standards of ISO 30415:2021 Diversity and Inclusion, measured by The Human Resource Standards Institute (HRSI), we can start to have an objective and consistent way to measure if D&I is increasing, and in turn impacting the reduction of discrimination in the workplace. There are several organizations that had a high commitment to diversity, inclusion, equity, equality, and justice prior to what some would call the perfect storm of civil unrest based on the murder of George Floyd and the COVID-19 pandemic. Many organizations already had a high level of understanding of what it means to build a workforce and workplace committed to DEIB. These organizations demonstrate the impact of their DEIB — showing up in their financials, human capital, and the communities in which they serve. I would commend and have been impressed by organizations, such as McDonald’s Corporation, Delta Dental of Virginia, Adobe, Silk Relo, Nike, Asian Tigers, Graebel Companies, and Microsoft, based on a variety of D&I measurements both before and after the murder of George Floyd, which has now become a pivotal milestone measure towards D&I progress. Each of the mentioned organizations has robust transparent programs, some with multi-year goals and plans striving to impact their markets and build true representation at all levels of their organizations.

I share your admiration for these organizations as well. What about on an individual employee experience level? Can you give us some examples of racial discrimination?

Unfortunately, racial discrimination does exist at work. As HR professionals we play such a critical role in how this is overcome within the work environment. The goal is for workplaces to establish outlets where employees can voice their concerns, experiences, examples, and facts and be taken seriously when they experience discriminatory threats. But what often continues to happen is those who are at the hands and subjects of discrimination are often not believed, are not taken seriously, or must over-explain to justify their concerns or have a recording of the discrimination as proof to be heard and believed. Discrimination shows up in many shapes and forms, often looking and varying from subtle to blatant.

It can look as subtle as:

• Asking Black women if they would consider straightening their hair for the annual photo shoot so everyone has a professional headshot, suggesting the ethnic texture of their hairstyle is not professional.

• Telling a Black woman that she is coming off as aggressive or angry versus allowing the employee to speak with passion and command, thus creating a work environment that is free of stereotyping employees with biases.

To as Blatant as:

• Being asked to speak more “traditional,” meaning the employee needs to sound white versus sounding so ethnic or having such a heavy Black accent, meaning a person needs to sound a little less “blackish.”

• Favoring the promotion of a white male candidate over a Black female candidate to an executivelevel role, based on the opinion that everyone will feel more at ease and safe with a white candidate in power.

Although uncomfortable to read these types of examples in print, the sad truth is that all these examples are real and actual experiences faced by Black employees – and continue to face daily.

What can be done to ensure an inclusive work environment for Black employees?

The complexities of the work environment for Black employees have a long and intricate history. Here are some of the basics for creating inclusivity for Black employees:

• Create psychologically safe work environments where raising concerns of discrimination allows those employees to be heard and taken seriously.

• Create a diverse environment where Black employees can see themselves reflected at all levels of the organization from the board, executive level, director, management and front line.

• Truly recognize that Black employees are living a dissimilar experience than non-black employees and need different support systems in place, especially when in leadership roles.

• Know and understand that the “Glass Cliff” for Black women executives is real. These executives need to be promoted with the appropriate resources and support in place.

• Have zero tolerance for racial discrimination, microaggressions, and known & expressed biases.

• Take time, not only during Black History Month but throughout the year to be an ally versus a bystander.

Denise, as HR and business leaders, what’s our role?

When it comes to creating an inclusive work climate, it is key for leaders to provide platforms and avenues for employees to arrive at work as their authentic selves. And when employees do show up as they were told they could, under the promise that the organization believes in and practices inclusivity, equity, and equality, these employees should not be penalized, demonized, or threatened. Organizations cannot call for and open the door for authenticity and then turn around and weaponize the employee’s true self against the employee.

At the end of the day, we all need to start somewhere to make progress happen and to make an impact. Sometimes it can be overwhelming to think, as an individual, what can I do to best support the Black Community? Often, we need to keep it as simple as being an advocate, meaning if we See Something, Say Something, Do Something!

Thank you, Denise. Progress is being made, but for it to be sustainable, the measurement of D&I needs to be objective. The work you and your team are doing at the HRSI, specifically the D&I Organizational Certification, is a durable foundation for measuring processes, practices, and outcomes.

Amy Schabacker Dufrane, Ed.D., SPHR, CAE, is CEO of HRCI, the world’s premier credentialing and learning organization for the human resources profession. Before joining HRCI, she spent more than 25 years in HR leadership and teaching roles. She is a member of the Economic Club, serves on the Wall Street Journal CEO Council, is a member of the CEO Roundtable, and is on the board for the Columbia Lighthouse for the Blind. Amy holds a doctorate from The George Washington University, an MBA and MA from Marymount University, and a BS from Hood College.

Dr. Denise Caleb, President Human Resource Standards Institute (HRSI, an HRCI company)

CERTIFICATE IN DIVERSITY AND INCLUSION IN HR MANAGEMENT

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).

•

Data Facts is the brainchild of current CEO and Founder, Daphne

Large. In 1989, Daphne was climbing the corporate ladder at a large Memphis-based firm. Even in her 20’s, Large was savvy enough to see that a person enjoyed more opportunities when they created their own.

And so, she jumped off the cliff of entrepreneurship and Data Facts was born in July 1989.

Daphne was an early pioneer of diversity and inclusion initiatives before the concept even had a name. Within the first few years, she promoted several high-performing women to positions of leadership. The company thrived on the premise of “we can accomplish anything we set our minds to doing”.

Since those early days, there have been many enormous industry changes and technology advances. Staying competitive demanded that Data Facts make heavy investments in equipment, talent, and training.

Even though the landscape is vastly different now than it was 34 years ago, Data Facts’ overall concept remains steadfast. In Daphne’s words: “If we take care of our people, they will take care of our customers, who will then take care of the company. We do and it works.”

In a world of advanced technologies, Data Facts believes it is still people doing business with and serving people. “So many companies take the people and human aspect out of their business models,” says Large. “At Data Facts, while in pursuit of and utilizing best in class technology, we will never diminish our central focus on people which includes our customers, our team, job candidates, our vendors and partners. People are at the foundation of everything we do.”

Data Facts is 100% women-owned background screening company and employs a fully U.S. based support staff. While operating globally, their geographical base allows them to keep jobs in the United States. In addition, a top priority is placed on compliance, which shows in their accreditation with the PBSA and our SOC 2 Type 2 designation. Their team promises a relationship built on trust, transparency, and consistency.

Why Data Facts Exists

One of the biggest aspects of a company’s success is its people. Hiring the right ones increases an organizations productivity, enriches its culture, and maintains its competitive edge. A key component for a successful hiring process is background screening.

By reviewing an applicant’s background, their criminal record, education, employment, and driving histories, employers gain a more complete understanding of the candidate and their behaviors. This insight empowers better hiring decisions.

Data Facts is a full-service background screening provider, with a rich understanding of numerous industries and the requirements demanded by each one. “Our company helps other companies achieve longrange success and maximize their human capital investment,” says Julie Henderson, Data Facts’ Chief Revenue Officer. “Because of our expertise helping organizations of all sizes across many industries make more informed decisions, we understand the need for accurate and thorough information to be delivered seamlessly.

This ideology is reflected in the company’s Brand Promise, which is “To deliver information your trust. The first time. On time. Every time.”. Every Data Facts employee performs with this promise in mind every day, along with the company’s Core Values:

 Actions Speak Louder Than Words. Do the Right Thing.

 Be Extraordinary. Not Extra-Ordinary.

 Be The Green Umbrella. Stand Out. Stay Relevant.

 Cross The Finish Line – Deliver What We Promise and Never Give Up.

 Good, Better, Best... Never Let It Rest.

 Knowledge Is Power – Share It. Use It.

Data Facts Offers a Unique Perspective

Data Facts is a proven, trusted partner for making sound hiring decisions because they understand the challenge of screening potential employees in an economy starved for labor. To solve this, they leverage technology to amplify our efforts, but also employ real people to provide common sense and exceptional customer service.

The result? Reliable candidate and employee information that’s returned quickly and efficiently. “We help HR leaders, risk management professionals, and other stakeholders across many industries proceed confidently with their new hires,” says Lisa May, the company’s Executive Vice President. “We create confidence that organizations will mitigate risk as they seek to grow staff at a rapid pace or scale. When you work with Data Facts, you’re investing not only in your business but also in an invaluable partnership. We’re pioneers in the industry and passionate about creating safe, secure workplaces.”

The Data Facts headquarters located at 8000 Centerview Parkway in Cordova, TN

Who We Are

From the highest-ranking person in the company to the newest team member, everyone makes a valuable contribution to both company and client success. The diverse background and viewpoints of Data Facts’ people are woven into the rich fabric of their company’s culture.

Ø Maintain a People First Approach

People are at the core of everything we do. Each Data Facts employee embodies our core values daily, and it shows in the work we do and the relationships we build with our clients and each other.

Ø Focus on Protecting Your Workplace

By protecting your company from poor, unsafe hiring decisions, you’re also protecting your employees and those you serve. Safeguard against risky lawsuits by ensuring you make the right choice the first time.

Ø Provide Accuracy

Our quality control process and our intuitive platform helps you land that perfect candidate the first time, on time, every time. We never sacrifice accuracy for speed, leveraging our tools and our certified private investigators to give you the information to help you choose your next hire wisely.

Ø Assist in Compliance Excellence

Data Facts is diligently committed to the highest level of compliant processes and procedures, as their Senior Vice President of Compliance, Johnna Leeds, can attest to. “We provide as many resources as possible for our clients, and tools to help keep HR professionals aware of upcoming changes in laws that affect background screening.”

Ø Enable Seamless Experiences

Businesses want and need a background screening solution that’s quick, easy, and user-friendly for them and their applicants. We consistently watch market trends to ensure that our technology stack and client offerings are at the head of the pack. Data Facts integrates with dozens of Applicant Tracking Software (ATS) solutions, offers rich mobilefriendly processes, and provides an intuitive, seamless, ordering and retrieval report process.

a competitive advantage in the Consumer Reporting Industry and started Data Facts. Headquartered in Memphis, Tennessee, Data Facts initially focused on providing consumer information to mortgage lending institutions to assist them in closing mortgage loans. In 1991, Data Facts diversified its portfolio by expanding into the Background Screening industry.

2003 - Creation of the PBSA

In 2003, Data Facts recognized the need for stricter industry regulations regarding background screening agencies and the information they provide to their clients. Data Facts became one of the founding members of the Professional Background Screening Association (PBSA), then known as the National Association of Professional Background Screeners (NAPBS). Over the next nine years, Data Facts shaped the foundation of the PBSA. Shortly after accreditation was offered, Data Facts became PBSA accredited.

2014-2015 - Certifications & Continued Growth

Data Facts received their SOC 1 and SOC 2, Types I & II certification. Additionally, Daphne Large was inducted into the Society of Entrepreneurs. The company also acquired One Source out of Texas. In 2015, Data Facts received their Women Business Enterprise National Council (WBENC) certification and became officially recognized as a womanowned and operated business.

2018 - Moved Locations

In 2018, Data Facts expanded its operations and relocated to their new corporate headquarters at 8000 Centerview Parkway in Cordova, Tennessee. This relocation tripled Data Facts footprint and consolidated two Memphis locations into one corporate facility.

Two months later, Data Facts was ranked as a top background screening provider by HRO Today’s Baker’s Dozen Customer Satisfaction Ratings.

2019 - Acquisition of Background Decision

Driven by an entrepreneurial spirit, Data Facts doubled in size with the acquisition of Background Decision based out of Holyoke, Massachusetts. This allowed Data Facts to offer a wider range of complimentary and adjacent background screening products and solutions to our customers and increased our influence with legislative and regulatory activities. Later in 2019, Data Facts was ranked again by HRO Today’s Baker’s Dozen Customer Satisfaction Ratings.

2020 - Today – Looking to the Future

As with many companies, Data Facts faced many challenges in 2020, but came through the pandemic successfully and emerged stronger. In 2020 and 2021, Data Facts ranked on the HRO Baker’s Dozen Customer Satisfaction Ratings as an Overall Midsize Program Pre-Employment Screening Leader. In 2022 they were again ranked, this time at the Enterprise Level. Data Facts is moving toward the future focused on maintaining and expanding the full suite of background screening solutions, top-notch client support, and up-to-the-minute technology required by our clients.

Data Facts’ Company History

1989 - Founding and expansion into the Background Screening Industry.

Daphne Large, founding CEO of Data Facts started her career at age 16 working for Equifax Services. In 1989, Daphne recognized

FTC Proposes Banning Non-Compete Provisions for Workers

By LYMARI CROMWELL and MICHAEL DASHEFSKY

OnJanuary 5, the Federal Trade Commission (FTC or Commission), an agency charged with enforcing federal antitrust laws and protecting competition, proposed a new rule that would prohibit “employers” from imposing non-competes on “workers.” The proposed ban would make it illegal for employers to enter into or attempt to enter into non-compete agreements with workers, continue to maintain such agreements if they already exist, or represent that a worker is subject to a non-compete. It would further require companies with active non-competes to inform workers that they are void. Under the proposed rule, the ban would prohibit non-competes that bar workers from accepting competing employment or starting a competing business.

The proposed rule broadly defines the terms “employers” and “workers.”

An “employer” is defined as “any natural person, partnership, corporation, association, or other legal entity, including any person acting under color or authority of state law, that hires or contracts with a worker to work” for the employer. However, an employer may not be subject to the proposed rule if the employer is engaging in an action protected by the state action doctrine or is an entity that is exempted from coverage under the FTC Act (e.g., certain banks, savings and loan institutions, federal credit unions, common carriers, air carriers and foreign air carriers, persons subject to the Packers and Stockyards Act of 1921, and nonprofit organizations). A “worker” is also defined broadly as “any natural person who works, whether paid or unpaid, for an employer,” including independent contractors; externs; interns; volunteers; apprentices; sole proprietors providing a service to a client or customer; and gig economy workers, such as rideshare drivers. While “worker” does not include a franchisee in the context of a franchiseefranchisor relationship, it does include a natural person who works for the franchisee or franchisor.

The proposed rule would exempt non-compete agreements that a person entered into in connection with the sale of a business, but only if that person owned 25% or more of that business. Other non-competes with workers, even those with senior executives and other key employees, would be banned.

The rule is a response to President Biden’s 2021 Executive Order that encouraged the FTC to exercise its statutory authority to “curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.” The rule is the FTC’s proposal to cure what the Commission calls a “widespread and often exploitative practice that suppresses wages, hampers innovation, and

blocks entrepreneurs from starting new businesses.” The Commission will accept public comments on the proposed rule for 60 days after official publication and consider those submissions before it issues a final version of the rule.

The FTC is also looking to prohibit other employment provisions under the rule that have the same effect as a non-compete, referring to such provisions as “de facto” non-compete agreements. That could include, for example, non-disclosure or confidentiality agreements; client or customer non-solicitation agreements; no-business agreements prohibiting the worker from doing business with the employer’s former clients or customers; no-recruit agreements; and training repayment agreements requiring a worker to repay training expenses if a worker leaves a company within a certain time.

The Commission voted 3-1 along party lines to publish the Notice of Proposed Rulemaking. Commissioner Wilson, the lone defector, issued a written statement saying that the agency would be departing “from hundreds of years of legal precedent that employs a fact-specific inquiry into whether a non-compete clause is unreasonable,” and instead is proposing a near-blanket ban on the practice. She also questioned whether the agency has the authority to issue the rules, referencing a recent Supreme Court opinion that limits the Environmental Protection Agency’s authority.

Not surprisingly, pro-employer groups, such as the U.S. Chamber of Commerce, also criticized the proposal, saying the FTC lacks authority to issue the rule and ignores the benefits of non-competes. Sean Heather, U.S. Chamber senior vice president for International Regulatory Affairs and Antitrust, issued a statement saying, “Attempting to ban noncompete clauses in all employment circumstances overturns wellestablished state laws which have long governed their use and ignores the fact that, when appropriately used, noncompete agreements are an important tool in fostering innovation and preserving competition.”

Employers would be required to comply with the new rule within six months of the final version being published, although potential legal challenges could possibly delay that timeframe.

If you have any questions about the proposed rule and how it could affect your business or would like assistance in preparing a public comment, please contact the authors.

Reprinted from the Bass, Berry & Sims HR Law Blog.

https://www.bassberryhrlawtalk.com

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Online HRCI PHR | SPHR Certification Prep Class

Online classes begin February 15, 2023 and will meet twice per week for 8 weeks on Monday and Wednesday evenings from 6:00 PM to 7:00 PM.

HRCP 2023 Study Materials included:

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The total cost of the HRCI PHR | SPHR Certification Prep Class is $900 plus shipping ($25.00).

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– Attend 80% of the scheduled online classes

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Deadline to register is February 8, 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, and Tennessee.

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.

Do You Have an Insider Threat?

By LAURA GARRETT

The two men walked casually down the darkened hallway of mahogany row. They’d let themselves in a door that was supposed to be locked and no one knew they were there. Pausing at the door to Human Resources, they tested the knob and found that it was unlocked. Strolling inside they took at look at the confidential files that were strewn across desks and the filing cabinets full of protected information. They snapped a few pics before exploring the remainder of the hall, finding a similar lack of security at both the VP for Strategy’s office and, shudder, Legal.

What happened with the data they observed? Information leaks? Corporate espionage? Lawsuits?

No, none of those things. Because the men in question were members of SafeHaven Security Group, conducting a “white hat” penetration test at the behest of a client.

What they learned help the client avoid all the bad things that might have occurred.

INSIDER THREATSWHAT HR MANAGERS SHOULD KNOW

Theft of intellectual property and proprietary information is ever increasing and incidents of employees taking proprietary information continues to rise as well. A lack of employee loyalty and longevity should give every HR manager cause for concern. It is becoming commonplace for employees to take proprietary information from their employer in order to be competitive in their job field or to obtain a new job with a competing company.

The intent of business competitors, foreign business adversaries and foreign governments to obtain proprietary information by gaining access to internal information and methods will remain constant. More focus is spent on cyber intrusions and hacking, but one must not overlook the threat of losing valuable information from the recruitment of current employees or employees leaving the company. Mitigation of both external and internal threats is essential to the future of your business success.

WHY IT IS A RISK

Stolen intellectual property and trade secrets leads to lost revenues, lost employment, damaged reputation, health and safety concerns from counterfeit products, lost investments in research and development, interruptions in production and supply chains, and can lead to profit losses and a decrease in economic advantage.

Small businesses, large corporations and even individuals are victims of illegal acquisitions of information. Every day new reports of corporate espionage and theft of information are in the news.

INSIDER THREAT INFORMATION

What is an Insider Threat? Simply a person with authorized access to information, facilities, technology, or personnel who uses their position and access with the intention of providing information, technology, or access to unauthorized personnel OR maliciously manipulates or causes damage or harm to an organization, its information, facilities, technology, or persons.

TEN SIGNS YOUR COMPANY MAY HAVE AN INSIDER THREAT

1. Employees working irregular hours that decrease scrutiny.

2. Employees downloading large amounts of data.

3. Employees requesting additional access.

4. Employees asking questions outside scope of position, especially prior to leaving employment.

5. Disgruntled employees.

6. Recent hires from a competing company.

7. Unsolicited requests for tours and information.

8. Theft or unauthorized photography of products at trade shows.

9. Social Media targeting of employees.

10. Irregular activity on servers, increased spam.

RECENT CASE EXAMPLES

2023 - New York man sentenced to 24 months in prison for conspiring to steal General Electric (GE) trade secrets, knowing or intending to benefit the People’s Republic of China.

2022 - Former Twitter Employee sentenced to 42 months in prison for participating in a fraudulent scheme to access, monitor and convey user information to Saudi Royal Family and the Kingdom of Saudi Arabia.

2009 - Ten executives and managers from Starwood left for employment with a competitor, Hilton. The former employees downloaded confidential information about Starwood’s luxury brand ideas before leaving. In 2010, they reached a settlement that required Hilton to make payments to Starwood and refrain from developing a competing luxury hotel brand until 2013.

WHAT HR CAN DO

In many companies, absolutely no one is paying attention to this problem. Even though IT may be skilled at preventing cyber-threats, it’s unlikely they’ve taken steps to prevent insider threats.

Since this dilemma involves actual humans stealing your actual resources, it may well be up to you to get this threat on someone’s radar!

Now is the best time to reevaluate your security and examine your information security posture.

Resources spent proactively protecting your assets are the wisest investment.

Elements to an effective Insider Threat program and effective detection are:

1. Personnel Security – Hiring, reinvestigations and vetting.

2. Information Security - Communications, regular audits, and firewalls.

3. Awareness - Reporting suspicious activity and behaviors, recognizing potential issues, increased accountability, and training.

Every company is unique and identifying what needs to be protected, and how, can be addressed with a program as distinctive as you are.

SafeHaven Security Group wants to partner with you in analyzing your individual situation, assessing proactive protocols, and keeping your company’s information safe for a secure, productive future.

After you become a victim, it too late. Start an Insider Threat Program today!

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Are You a Benefits Superhero?-

How being a benefits superhero can dramatically increase employee loyalty and retention.

By William Brown, CPA

Pretend you live in a dystopian world where vi llains terrorize the planet and superheroes are the only things s tanding between order an d chaos. To save humanity, this league of heroes must make a choice: 1) defeat a band of supervillains or 2) hire and retain a team of valuable, loyal employees.

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 culture-minded and budget-focused while you craft the most appealing compensation packages. Your mission? To attract, interview, hire, and onboard employees who will fit with the company culture and stay loyal and grow in value. That's a lot to handle, even for superheroes.

The solution is multi-pronged, and no one person has all the tools needed. In fact, every superhero needs a team. With their team, they are unstoppable.

So, who's on your team? Right now, I bet you have a league member you think of maybe once a year during renewal season. And yet, all year long, what they provide to your team is instrumental to everyone's health, loyalty, and very lives.

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.

Can a benefits broker change the world? For your employees, I 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!

Strategies for Dealing with Stubborn Employees

By G. GERARD JABALEY

Nomatter how good a culture an employer has, it is likely that the employer will have to deal with a disgruntled or stubborn employee. The question is how to effectively deal with such an employee. There are many options available to the employer when encountering a disgruntled employee. Usually, the task is assigned to Human Resources to determine whether a disgruntled employee can be properly guided so that they can remain a productive part of the organization. Especially in our current job market it is important for employers to retain qualified employees. So, the first goal should be to rehabilitate and retain the employee.

So, what is a disgruntled or stubborn employee? Literally it is an employee that “grunts” or is opposed to something either inside or outside the workplace. There are many challenges to dealing with a disgruntled or stubborn employee, but human resources task is to attempt resolution so the employee does not remain dissatisfied.

If an employer is unable to properly interact with and motivate a disgruntled employee the employer may end up with that proverbial rotten apple that negatively impacts other employees in the workplace.

It is important for the employer to determine what may have caused the employee’s dissatisfaction. Oftentimes the employee may be disgruntled for reasons that are outside of the workplace. Although issues arising outside of the workplace are beyond the employer’s control proactively addressing the employee’s issue is well within the employer’s control. To begin the process of addressing the employee’s concerns the first task is to determine the origin of the dissatisfaction. There are many things that may result in an employee becoming disgruntled or dissatisfied within the workplace. Obviously, human resources has to determine the origin of dissatisfaction before a proper resolution plan can be put in place to properly address and remedy the employee’s dissatisfaction.

The Society for Human Resource Management (SHRM) has identified four primary issues to look for including (1) poor performance, (2) absenteeism, (3) bad attitude, and (4) drops in performance. It is important to note that none of these issues may be present in a disgruntled employee. Likewise, one or more of these issues may be present which does not necessarily equate to the employee being disgruntled.

When managing a disgruntled employee, it is important for the employer to remain professional at all times even though the process may be challenging depending on how boisterous the employee may be during the process. As an employer does in all other types of investigations the matter should remain as confidential as possible within the organization. All employers are well aware that the process needs to be well documented. Obviously, the employer’s goal in managing a disgruntled employee is to resolve the issue, however, discipline may be necessary. Depending on the facts the discipline may range from an oral or written warning up to suspension or discharge.

Once the origin of dissatisfaction is known human resources can develop a plan of action to address and remedy the issues presented. It is a good practice to follow up with the employee following original communications to ensure that the resolution plan is effective. If so, perhaps just one more follow-up will be necessary. If not, then human resources will have to continue the dialogue with the disgruntled employee to address and hopefully resolve the source of dissatisfaction.

If the employee is reasonably receptive to input from human resources then the employee can be successfully retained. However, if the employee does not participate in good faith and/or chooses to disregard the employer’s input continued employment is unlikely.

G.Gerard Jabaley, Regional Managing Member Wimberly Lawson Wright Daves & Jones PLLC Knoxville, Tennessee office gjabaley@wimberlylawson.com

Tennessee Workers' Compensation Handbook

Tennessee Workers' Compensation Handbook

14th Edition

14th Edition

The all-new 14th Edition of the Tennessee Workers' Compensation Handbook by Fredrick R. Baker is now available!

The all-new 14th Edition of the Tennessee Workers' Compensation Handbook by Fredrick R. Baker is now available!

This new edition covers:

This new edition covers:

• Revised firefighter cancer presumption

• Revised firefighter cancer presumption

• Case law clarification about medical benefits for occupational diseases

• Case law clarification about medical benefits for occupational diseases

• New Telehealth regulations

• New Telehealth regulations

• Clarification as to the calculation of death benefits

• Clarification as to the calculation of death benefits

• Revised standards for Vocational Recovery Assistance

• Revised standards for Vocational Recovery Assistance

• New regulations on Workers’ Compensation Exemption Registration

• New regulations on Workers’ Compensation Exemption Registration

• And much, much more!

• And much, much more!

For more information or to order your copy now, please call or email Brenda Copeland at (931) 372‐9123 or bcopeland@wimberlylawson.com

For more information or to order your copy now, please call or email Brenda Copeland at (931) 372‐9123 or bcopeland@wimberlylawson.com

The Tennessee Workers’ Compensation Handbook, 14th Edition, by Wimberly Lawson Attorney Fred Baker, is the comprehensive resource for anyone who interacts with the Tennessee Workers’ Compensation System. It is designed for HR personnel, attorneys, paralegals, risk managers, claims adjusters, mediators, benefit managers, claims analysts, and judges. Now fully updated and edited for 2023, the Tennessee Workers’ Compensation Handbook, 14th Edition, gives clear, authoritative guidance that will help you navigate the challenges of the new Tennessee Workers’ Compensation landscape.

The Tennessee Workers’ Compensation Handbook, 14th Edition, by Wimberly Lawson Attorney Fred Baker, is the comprehensive resource for anyone who interacts with the Tennessee Workers’ Compensation System. It is designed for HR personnel, attorneys, paralegals, risk managers, claims adjusters, mediators, benefit managers, claims analysts, and judges. Now fully updated and edited for 2023, the Tennessee Workers’ Compensation Handbook, 14th Edition, gives clear, authoritative guidance that will help you navigate the challenges of the new Tennessee Workers’ Compensation landscape.

UPDATES TO FEDERAL AND STATE LAWS WENT INTO EFFECT JAN. 1

Are you aware of how they might impact crucial business processes and strategies?

Choose sessions from the SHRM Employment Law and Compliance Conference 2023 to help in your decision-making:

The Supreme Court Speaks... Are You Listening?

Legal Issues Related to Quiet Quitting and Employer Responses

EEOC Priorities in the Second Half of the Biden Administration

Current Employment-Based Immigration Issues

Accommodation Considerations for Employees Who Suffered with COVID-19

EMPLOYMENT LAW & COMPLIANCE CONFERENCE

WASHINGTON, D.C. & VIRTUAL FEBRUARY 26-28, 2023

Access recorded sessions up to 30 days after the event

Check out the networking lounge onsite at the Grand Hyatt hotel

Attend the “Night at the Museum” evening event on Monday, Feb. 27

5 Ways Emotional Intelligence Can Help Us Build STRONGER CONNECTIONS with Others

By HARVEY DEUTSCHENDORF

Whether it is at work, or our personal relationships, we automatically gravitate to those who we feel safe and welcomed to be around. As humans we are wired for connection. We naturally want to be around those who hear us and see us. It makes us feel appreciated and understood. When we feel that way, we want to spend more time with the people who make us feel this way, hire them, buy from them, and help them in any manner we can. Successful people can have strong networks whom they trust, believe in, and can count on for support through good times and difficulties. One common denominator of people who can form strong connections is that they have high emotional intelligence. It is an ability we can all develop, regardless of where we are at in the present time.

These are 5 ways emotional Intelligence can help us form strong connections:

AWARENESS OF THEIR EMOTIONS

Emotionally intelligent people are aware of their own emotions and very good at regulating them.  They realize that becoming emotionally aware is a lifelong journey and have made a conscious decision to continue to work on increasing theirs. One of the ways they do so is by increasing their emotional vocabulary.  Brené Brown in her book “Atlas of the Heart” talks about the importance of language in connection. “Language is our portal to meaning-making, connection, healing, learning and self- awareness. When we don’t have the language to talk about what we’re experiencing, our ability to make sense of what’s happening and share it with others is severely limited.”

“We created a deck of emotions cards we use in coaching and training to help managers build their vocabulary and understanding of their own emotions,” says David Cory, an EQ coach and trainer from Canada.

PRACTICE ACTIVE LISTENING

People high in emotional intelligence are good active listeners, adept at drawing out other’s thoughts and feelings. Most of the time people are thinking of a response, instead of hearing and trying to understand where the other person is coming from. Emotional Intelligence helps us to delve further into other’s feelings and perspectives by not jumping to conclusions but gaining a deeper understanding of the motivations and drivers that are influencing others. Even if they don’t agree with their viewpoint, people high in EI will make connections with people with the capacity for others to feel heard. This will lead to deeper dialogue and respect even when coming from divergent viewpoints.

Robert Waldinger, who directs the longest study of adult life ever done, notes: “the happiest and most successful people in our 85-year study were those who were actively curious about others.  Even when we think we know everything there is to know about someone, there’s always room to ask ourselves, ‘What is this person showing me right now that I’ve never noticed before? And how could I let them know that I appreciate that?’”

MAKE IT ABOUT THE OTHER PERSON

Have you ever known someone who only talks about themselves, their world and shows no interest in yours? We all have, and likely want to spend as little time with these people as possible. Emotionally intelligent people are just the opposite. They put the focus on us by showing an interest in our lives. Remember how good it felt when someone surprised us by remembering something important that we told them? People with strong emotional

intelligence try to remember things about us to bring up in future conversations. They go the extra distance to make us feel that we are important to them.

Carolyn Stern, President and CEO of EI Experience, shares tips on how leaders can take an interest in their employees in her new book,  The Emotionally Strong Leader. One of her simple tips is to “have regular check-ins with your employees. Provide them with a safe place to express their fears and stressors; you would be surprised how such a simple action can have such a profound effect on someone’s day.”

PRESENT THEMSELVES AS APPROACHABLE, SECURE, AND POSITIVE

Highly emotionally intelligent people are aware of the message that their demeanor and body language send out to others. Their smile and their body language indicate someone who is open, welcoming, and positive. In social situations, they don’t take themselves too seriously, using selfdeprecating humor to liven up and add to conversations. This makes them very approachable and puts people they are interacting with and others around them at ease.

Carolyn Stern reminds leaders that “you can be emotional and strong; these characteristics are not mutually exclusive.”  Stern encourages leaders to embrace their emotions and be human at work. She says, “time is up for the irreproachable leader who is stoic, detached, and emotionally cold and whose inability to be seen as anything but in control creates tense and inauthentic interactions.”

HAVE THE COURAGE TO SHOW VULNERABILITY

Brené Brown, who has made it her mission to help others become more vulnerable states, “Vulnerability is not weakness; it’s our greatest measure of courage.” Most of us have experienced being shamed and hurt in some manner when something we have shared has been used against us. By being vulnerable, we show that we are open to others’ vulnerabilities and give them permission to do so. When people can open and be vulnerable, it greatly deepens the bond and connection between them.

David Cory says, “we get pushback from managers who don’t understand why they need to share more of their emotions with their employees. What helps them is to understand that when we share more of who we are, we become known and create the environment for trust and psychological safety to grow.”

Harvey Deutschendorf is an emotional intelligence expert, internationally published author and speaker. To take the EI Quiz go to theotherkindofsmart.com. His book THE OTHER KIND OF SMART, Simple Ways to Boost Your Emotional Intelligence for Greater Personal Effectiveness and Success has been published in 4 languages. Harvey writes for FAST COMPANY and has a monthly column with HRPROFESSIONALS MAGAZINE. You can follow him on Twitter @theeiguy.

ACQUIRE, ENGAGE AND RETAIN

TOP TALENT AS A MORE EMPATHETIC WORKPLACE

Learn how this makes a di erence at the

With 80+ speakers, 70+ sessions covering:

■ Engagement & retention

■ Sourcing & recruiting

■ HR talent acquisition strategic planning

■ Talent selection process

■ Technology & data analytics

■ Diversity, equity, & inclusion

■ Leadership & development

Get the tools and strategies you need to remain competitive in the changing talent landscape.

Pictorial Highlights of January HR Events in Memphis

Cynthia Thompson led a Workshop for Walgreens’ HR Directors from Tennessee and Kentucky on January 5. The topics discussed were “Employee Engagement in the Post-Pandemic Era” and “Organizational Ethics.” Attendees received two SHRM PDCs and two HRCI Business Credits.

The Greater Memphis Employee Benefits Council met at the Chickasaw Country Club on January 12. The guest speaker was a Memphis native, Mark Yancy, President and CEO of Nashville Health. His topic was “The Business Case for Community Wellness: Lessons from Nashville and Nashville Health.” (L-R) Preston Cox, Ted Archdeacon, Esha Iupe, Linda Yoakum, Mark Yancy, and Jonathan Frisch.

The topic of the January 19 SHRM-Memphis meeting at the University of Memphis was “Quiet Quitting - The Effects on Organizational Culture.” Panelists included (L-R) Verity Goodell, Director of Human Resources at Orion FCU; Alex Smith, CHRO for the City of Memphis; and Dr. Rush Smith, Manager Employee Experience & Engagement at International Paper. Brad Federman, CEO at PerformancePoint, and President-Elect of SHRM-Memphis, was the moderator (not pictured.)