June 2022 HR Professionals Magazine by Cynthia Thompson

Volume 12 : Issue 6

www.HRProfessionalsMagazine.com

Potential Impact of Justice Ketanji Brown Jackson

on Important Issues Facing Employers Today

SHRM Announces Program to De-Polarize Workplaces

6th Installment from Johnny C. Taylor, Jr.’s New Book,

Reset

Art Gloria

SHRM Field Services Director for Louisiana

Highlights from

SHRM Spring Conferences

Baby Boomers Ease Labor Shortage

International Presence. Local Knowledge. EMPLOYERS AND LAWYERS, WORKING TOGETHER Ogletree Deakins is one of the largest labor and employment law firms representing management in all types of employment-related legal matters. The firm has more than 900 lawyers located in 53 offices across the United States and in Europe, Canada, and Mexico.

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2 0 22

FY 2013 Budget Request its In year 2013 budget request, DOL has asked Congress for $237.7 million and 1,839 fulltime equivalent employees (FTEs) for the Wage & Hour Division (the DOL division responsible for enforcing the FLSA). request is an increase of year 2012. $10.7 million and 80 FTEs over Compared to 2008, this represents an increase of $62 million and 631 FTEs. Consistent with its punitive “gotcha” approach toward employers, DOL proposes to partially fund its increase by cutting $2 million and 12 FTEs from its employer compliance assistance programs. Another $2.5 million and 21 FTEs would be transferred from the budget for DOL’s Women’s Bureau.

Join our monthly webinars to earn SHRM and HRCI recertification credits.

Bringing Human Resources & Management Expertise to You

Post pandemic

41% of employees

are still actively seeking a new job. www.HRProfessionalsMagazine.com Editor Cynthia Y. Thompson, MBA, SHRM-SCP, SPHR Publisher

The Thompson HR Firm, LLC Art Direction

Park Avenue Design Contributing Writers Richard Arnholt Matt Brown Amy Dufrane Brad Federman Peden Gray Benjamin Hepner Jennifer Keister Liz Lacey Kim LaFevor David Livingston Tim McCartney Katie O’Neill Robert Schwarz Johnny C. Taylor, Jr. Jim Trujillo Linda Wendt

Contact HR Professionals Magazine: To submit a letter to the editor, suggest an idea for an article, notify us of a special event, promotion, announcement, new product or service, or obtain information on becoming a contributor, visit our website at www.hrprofessionalsmagazine.com. We do not accept unsolicited manuscripts or articles. All manuscripts and photos must be submitted by email to Cynthia@hrprosmagazine.com. Editorial content does not necessarily reflect the opinions of the publisher, nor can the publisher be held responsible for errors. HR Professionals Magazine is published every month, 12 times a year by the Thompson HR Firm, LLC. Reproduction of any photographs, articles, artwork or copy prepared by the magazine or the contributors is strictly prohibited without prior written permission of the Publisher. All information is deemed to be reliable, but not guaranteed to be accurate, and subject to change without notice. HR Professionals Magazine, its contributors or advertisers within are not responsible for misinformation, misprints, omissions or typographical errors. ©2022 The Thompson HR Firm, LLC | This publication is pledged to the spirit and letter of Equal Opportunity Law. The following is general educational information only. It is not legal advice. You need to consult with legal counsel regarding all employment law matters. This information is subject to change without notice.

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Features

Employment

TheENFORCERS:

The Misclassification Initiative largest portion of the requested increase for fiscal year 2013 – $4 million and 35 new investigators – will support DOL’s enforcement “misclassification initiative” which targets the following industries which DOL believes often misclassify employees as independent contractors: • Construction • Janitorial 3 Attend SHRM22 From Health • Care Home • Anywhere! Child Any Device,Care • andTransportation Warehousing 7 TN SHRM Conference • andMeatProcessing Poultry • Landscaping & Expo in Sevierville

Industry News

5 note from the editor Law 6 Profile: Art Gloria, 17 Wimberly Lawson SHRM Field Services Priorities of the U.S. Department of Labor in 2012. Labor & Employment Director for Louisiana Law Update By Ta MM y D. M CCUTCHen Conference in 10 6th Installment of RESET by September 14-16 Sevierville SHRM President and CEO, 8 HR Florida Conference November 17-18 Johnny C. Taylor, Jr. & Expo in Orlando 18 The Potential Impact 11 Get Your Copy of RESET by August 28-31 of Justice Ketanji Johnny C. Taylor, Jr. Brown Jackson on 27 SHRM Inclusion 2022 22 HR’s Role When Lives Important Issues are at Stake Conference in San Diego Facing Employers October 24-26 40 Congratulations to Today Brittany Redding, SPHR 28 2022 SHRM Georgia 34 Government Contracts Conference in Savannah Labor & Developments Talent September 28-30 – Part 2 Management 32 Highlights from the 25th and Recruiting Top Educational Annual Mississippi Human 9 Manager in the Middle Resource Conference & Programs 12 Baby Boomers at Work Expo in Biloxi May 2-4 for HR May Ease Labor Shortages 38 H ighlights from the Professionals 14 5 Culture Questions ARSHRM Employment 20 New from HRCI: Everyone Needs to Ask Law and Legislative Affairs Introducing the Human 16 6 Phases of a Good Conference in Little Rock Resource Standards Background Screening April 13-14 Institute Process 21 Save 20% on HRCI 39 2022 HR Tampa 30 Reimagining Talent Amid Courses in 2022 Conference & Expo a Worker Shortage: 26 Diversity Without October 7 Alabama’s Talent Triad Division Solution-Driven Ecosystem 41 38th Annual Conference 29 SHRM PMQ People 42 How Do We Emerge KYSHRM in Louisville Manager Training Successfully from the August 30-September 1 Great Resignation? 31 Athens State 44 Highlights from the University Online HR 2022 Alabama SHRM Employee Benefits Management Degrees Conference & Expo in 5 Greater Memphis 40 Online HRCI | PHR | Birmingham May 2-4 Employee Benefits Council SPHR Certification May Meeting Prep Class August 15 July Issue features Updates on 24 Overwork: Over it Employment Legislation and 46 SHRM Gold Standard for Professionals 25 Transform Your Employee Employee Benefits plus Development Benefits to a Competitive Highlights from the 2022 Advantage 48 WGU – Online. SHRM Annual Conference Nonprofit. Accredited. 36 Rolling the Dice on Crypto in Retirement Plans Surprisingly Affordable. Deadline to reserve space June 15

a note from the editor What an exciting June issue we have for you! It is chock full of highlights from recent SHRM Spring Conferences and previews of more to come! We have pictorial highlights from the 2022 Alabama SHRM Conference in Birmingham on May 2-4, highlights from the 25th Annual Mississippi Human Resource Resources (SHRM) Conference & Expo in Biloxi, also May 2-4. In addition, we have hiighlights from the 2022 Arkansas SHRM ELLA Conference in Little Rock April 13-14. We have previews of the SHRM22 Annual Conference in New Orleans June 12-15, HR Florida Conference & Expo in Orlando August 28-31, the 38th Annual KYSHRM Conference in Louisville August 30-September 1. SHRM President and CEO, Johnny C. Taylor, Jr., is the keynote speaker at the SHRM Georgia State Conference & Expo in Savannah on September 28-30. The Tennessee SHRM Conference & Exposition is in Sevierville September 14-16. Tennesseans will also enjoy the Wimberly Lawson Labor &

Employment Law Update Conference also in Sevierville November 17-18. Get your calendars updated and get ready to earn lots of SHRM and HRCI recertification credits! We are so pleased to introduce you to Art Gloria, who is SHRM Field Services Director for Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. Art is responsible for fostering and promoting membership, educational programs, and services, advancing the profession of human resources, and creating a better world through better workplaces for all. SHRM focuses on creating better workplaces where employers and employees thrive together. Art plays a vital role as an advocate for inclusiveness and diversity for all, he is committed to improving his community and the lives of others. His areas of keynote speaking include organizational alignment, leadership, and gender equality. Since 2014, Art has volunteered with the El Paso Society for Human Resource Management in various Volunteer Leader roles,

including President. Those who know Art describe him as well-organized, industrious, and dedicated to boosting support to meet expanding requirements. He is a Trilingual and speaks English, Spanish, and French. You can catch Art in the SHRM booth at the SHRM22 Annual Conference in New Orleans! Watch your email for my monthly complimentary webinar sponsored by Data Facts that will be on June 23. You will earn 1.00 SHRM PDC and 1.00 HRCI Business credit. If you are not currently receiving our monthly email invitation, you can subscribe on our website at www.hrprofessionalsmagazine.com. Happy summer!

cynthia@hrprosmagazine.com @cythomps on Twitter

Greater Memphis Employee Benefits May Meeting

Pepper Schafer, Owner of VeracityRx, and Jonathan Frisch, Employee Benefits Consultant and SVP with McGriff. McGriff was the sponsor of the May meeting of GMEBC. Pepper was the luncheon speaker. Her topic was “Transforming Employee Benefits with Truth.”

The 2022 GMEBC Board of Directors (L-R) Maranda Bunker, Jonathan Frisch, Linda Yoakum, Ted Archdeacon, Linda Tripp, Preston Cox, Jordan McMillen. Not pictured is Esha Iupe & Russell Henderson. www.HRProfessionalsMagazine.com

Art

on the cover

GLORIA

SHRM Field Services Director for Lousiana He holds an MBA in International Management & Finance from Regents University, London, and a BA in Political Science with a minor in Spanish from The University of Texas, El Paso, where he was elected Student Body President and served in the U.T System Student Advisory Board. Those who take the time to get to know Art would describe him as well-organized, industrious, and dedicated to boosting support to meet expanding requirements. He is a Trilingual and speaks English, Spanish, and French.

For over fifteen years now, Art Gloria has developed a keen ability to recognize the various problems organizations are faced with. However, as a Human Resources Leader, he proffers brilliant solutions to them on how to work towards a healthy, high-performing organization. He has a proven track record of spearheading strategic solutions for non-profit and professional organizations, helping them exceed performance outcomes and expand human potential. Professionally, his areas of expertise encompass human resources, finance, and general business management, executing for government, health care, and diverse private business industries. At the moment, Art serves as a Society for Human Resources Management (SHRM) Field Services Director for AR, LA, NM, OK, and TX. In this capacity, he is responsible for fostering and promoting membership, educational programs, and services, advancing the profession of human resources, and creating a better world through better workplaces for all. SHRM focuses on creating better workplaces where employers and employees thrive together. With 300,000+ HR and business executive members in 165 countries, SHRM impacts the lives of more than 115 million workers and families globally. The organization has earned a stellar reputation for being the foremost expert, convener, and thought leader on issues impacting today’s evolving workplaces. As an integral member of the SHRM Marketing and Membership Team, Art also provides guidance regarding SHRM affiliate operations and assists in recruiting and retaining members. Art is on a life-long mission to make a better world by creating excellent and conducive workplaces. His international upbringing, education abroad, along with his professional experience over the years has helped build his creative mindset in delivering problem-solving processes and structures and launching programs to create high-performing workforce environments. Before joining SHRM as a Field Services Director, he served as the Head of Operations and Human Resources at TruTEMPS Staffing Group Inc. While here, he successfully managed the firm’s human resources and support services and boosted long-term business success and profit levels. Prior to working with TruTEMPS, he served as the Associate Director of Human Resources at Emergence Health Network, designated as the Local Mental Health Authority (LMHA) and Local Intellectual/Developmental Disability Authority (LIDDA) in El Paso County. Playing a vital role as an advocate for inclusiveness and diversity for all, he is committed to improving his community and the lives of others. His areas of keynote speaking include organizational alignment, leadership, and gender equality. Since 2014, Art has volunteered with the El Paso Society for Human Resource Management in various Volunteer Leader roles, including President. Art has a deep engagement in the El Paso – Juarez community, where he is very active in other Volunteer Leader roles for organizations in the Borderplex region. He is a past Vice President and Board Director for the University of Texas at El Paso Alumni Association. He is currently involved as a Board Director for the El Paso Chamber of Commerce, Southwest University School of Business Advisory Board, and more. Throughout his years of service, he has been instrumental in facilitating the goals and vision of the organizations he works with. Art was awarded the El Paso Chamber of Commerce Business Leader of the Year in 2019. 

www.HRProfessionalsMagazine.com

2022

Keynote Speakers

Mark Lindquist motivational speaker, entertainer, author

Glenn Jacobs businessman, politician, professional wrestler

Dates: Sept. 14 -16, 2022

Dr. Nicole Price author and motivational speaker

Location: Sevierville Convention Center, Wilderness at the Smokies Sevierville, TN 37876 Resort Information:

www.wildernessatthesmokies.com (877) 325-WILD

Thank you youto toour oursponsors: sponsors: Thank

Legal Day

is Wednesday, Sept. 14th

Reservation Information:

Dr. Garland Vance author, speaker, Executive coach

Stone Hill Lodge (attached to Convention Center) $99 / night Mention Booking ID #56430 River Lodge (Lower Hotel Resort) $99/ night Mention TNSHRM2022

September 14 –16, 2022

Pre-Early Bird Before 07/31/2022

Regular To 09/14/2022

REGISTRANTS Full Conference: Includes Legal Day, 1.5 days Conference General and Concurrent Sessions, Breakfasts, Lunches, Exhibition Hall

$550

$625

Student Chapter: Full-time Student is defined as currently enrolled in 12 semester hours at a post-secondary educational institution

$75

$100

Legal Day: Includes 1 day Legal Conference General and Concurrent Sessions only.

$375

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$1,475 $1,950 $2,400

$1,700 $2,200 $2,700

Company Group Discount Rates: Includes Full Conference 3 Attendees 4 Attendees 5 Attendees

SAVE THE DATE

HR FLORIDA CONFERENCE & EXPO

REIMAGINING WHAT’S POSSIBLE AUGUST 28 – 31, 2022 Rosen Shingle Creek | 9939 Universal Boulevard | Orlando, FL 32819

KEYNOTE

Dr. Moogega Cooper Trailblazing Engineer of the famed Mars Rover ‘Perseverance’Mission for NASA’s Jet Propulsion Laboratory and a real-life “Guardian of the Galaxy”

KEYNOTE

Adam Steltzner Leader & Chief Engineer, NASA Mars 2020 Mission, Rover Perseverance

KEYNOTE

Ben Nemtin Named one of the World’s Top 30 Organizational Culture Professionals by Global Gurus; Co-founder of MTV’s The Buried Life Movement

KEYNOTE

Sarah Thomas The NFL’s First Female Official; One of the Sports Illustrated 100 Most Influential NFL Figures of All Time

WHY ATTEND? Largest HR Conference in the Southeast | Network with 1,500 Attendees | Learn from 130+ Different Sessions | Recertification Credits

#HRFL22

Manager in the Middle The pandemic has had an enormous impact on employees and their managers. From the immediate challenge of pivoting to remote work, to supporting their people struggling with mental health issues, managers have been saddled with tremendous responsibilities during this period. Now, amid the Great Resignation, research indicates that the manager relationship is the top or near the top reason for employee departures. Managers can’t win! Those who lead people are tasked with so many things: finding and keeping talent, meeting quality and production standards, and ensuring the delivery of excellent customer service. Each one of these areas is an assignment on its own. Hiring has never been more challenging: there is a shortage of workers, and those available have leverage to ask for flexibility that a manager must accommodate. Then, when an employee is hired, the manager must provide an onboarding experience that bonds the new employee to the organization or risk losing them, and quickly. Once the new employee is settled in and learning his or her role, the manager must be sensitive to any emotional or mental health issues that employees are routinely bringing to their jobs; a manager who is uncaring will lose their people and go back into the hiring lottery. With sales booming, production quotas are higher than ever, but supply-chain snafus can create overwhelming obstacles that must be negotiated. While juggling demands for flexibility and being responsive to workers’ needs, the manager must also urge, encourage, lead and motivate their teams to meet production numbers established by senior leaders who don’t always want to accept the realities and needs of post-pandemic employees. “We have to take advantage of this great market!” and “We must meet demand or customers will go elsewhere!” are statements that add to the pressure faced by today’s managers. If our managers can handle all these demands, they must also plan for their employees’ growth and development, as lack of opportunity is also a leading cause of turnover during the Great Resignation/Reshuffling. If your company has ample training, and career-pathing support, a manager can point their employees in the right direction and encourage them to do what suits their needs. But

BY LINDA WENDT

what if your company doesn’t have those resources? The expectation of the employee remains the same, and they go to their manager for guidance. More pressure. HR can help with ideas and support. Unsurprisingly, managers are also quitting during these turbulent times. Given the demands, it may seem more surprising that so many stay in their roles. But companies can support these critical links in their people resources if senior leaders acknowledge the strains in the middle and take steps to reinforce these most important of roles. HR should take a leading role in these efforts. First, a realistic review of targets and goals: just because we are doing it, does it mean we should? Most of us do some work each day that isn’t critical or wouldn’t be missed if left undone. Providing attainable goals helps to lower frustration levels. Secondly, acknowledging the importance of those in managerial positions, and showing genuine appreciation for them goes a long way. No one likes their efforts to go unnoticed. Showing gratitude for the efforts of your critical team members helps to keep them coming back. And understand that they are also subject to the emotional pressures that all employees face, ratcheted up by their responsibilities to the teams they lead. Ensuring that managers take time for themselves, and that they have a safe place to express and expel frustration and pressure helps to keep stress levels under control. HR can encourage managers to take advantage of EAPs or mental health resources and show that they are cared for and are deserving of the same support they are expected to provide to their teams. Periodic check-ins are also a good way for HR to ensure that managers are aware of what resources are available, and to take the pulse of the teams’ health. By acknowledging the additional pressures that managers face and actively providing support, HR can bolster those in the middle and improve business outcomes.

Linda Wendt

Senior Business Partner, People & Talent Western Governors University www.HRProfessionalsMagazine.com

Your biggest challenge isn't technology, innovation, or even leadership. It's finding, hiring, and engaging the right talent to thrive now and in the future. FINDING AND KEEPING GREAT TALENT Forget skills. Forget technical competency and Ivy League degrees. Forget the greed of the 1980s, the 401(k)s of the 1990s, and the stock-option frenzy of 2010. Forget the foosball tables and rock-climbing walls of 2015. The evolution of payouts and perks, of all the staples employers have used to land the best and brightest , is not always enough to attract top talent anymore. And when great talents are discovered, it doesn’t necessarily mean they are in perfect alignment with your culture.

MISGUIDED INDIVIDUALISM Competency is discoverable. Skills are identifiable. But culture is the tripwire for many companies once an employee is hired. This is where data can come back into play as a way to monitor cultural alignment. If you miss the markers of cultural misalignment, then misguided individualism can blow up a team. It’s that simple. If we look at collectivism research, we see that the world has shifted much more toward individualistic cultural norms than collective ones. Collective cultures are sort of dying off. Rooted in our identity is a challenge culture. As the CEO, I want divergent opinions and diverse perspectives to push new ideas and initiatives. Can those ideas withstand a challenge? Can they hold up to the rigor? You can’t give every new concept a green light because then you’re vacillating on who you are. You have to know the difference between chasing shiny objects and staying true to your objectives.

CULTURE IS THE CURE AMID THE CHAOS Once you define your culture, and when you lock in on values and vision, who is the matchmaker in this case? HR. With HR developing the plan and using the right tools, employers can hone in on who meshes with their cultural makeup through the search and interview process. Look at each piece of the organization’s vision, mission, and values statements. Interview questions should focus on behaviors that complement these areas. For example, if the organization works with a lot of intensity, then job applicants should display that natural intensity to be considered for hire. Leave discussion of company culture for later. Do not tell candidates about culture up front. First, listen to what they have to say about their experiences and beliefs. This tactic will reveal more candid responses to help determine whether they are a fit for the organization. Make sure at least three people are involved in the hiring process. Different people will see and hear different things. These varied perspectives give a clearer understanding of the person being considered for hire.

QUESTIONS FOR POTENTIAL HIRES THAT UNCOVER VALUES

• What are three negative personal qualities that someone close to you would say you possess? The answer tells us a lot about selfawareness and reflects the core value of transparency. • Add two fractions. For example, we might ask, “What is ¾ plus ½?” shows how they handle an unexpected question. • Finish this sentence: Most people I meet are___ . One of our core values is caring deeply, so it’s important we understand how a potential new team member views others.

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LEADERSHIP LESSONS Talent is an almost-spent natural resource. Imagine if oil reserves were fully depleted or natural gas deposits were totally exhausted. This would be tantamount to being left without an energy source, and the same basic issue arises when considering the role talent plays in your organization. Luckily, we have not really reached the talent depletion state just yet, but we aren’t getting a lot of help from factors such as the educational career readiness system, adult learning opportunities, and the graying of our global workforce. As leaders, this makes our jobs all that much harder, and they are complicated even further by the need to make the most of our reset opportunities. With this backdrop, we need to ask ourselves, “What do we get right when it comes to finding talent and keeping it?” This is the principle lesson for leaders. We need to ask on a regular basis what we are doing well for optimizing talent. Here are some key questions you should consider making part of your reset repertoire: • Why is it so damn hard to find good talent? • Why can’t HR quantify talent acquisition operations for me? • Is LinkedIn really a valuable source of information? • Why do I need talent analytics? • Why can’t people use their gut instincts to find talent? • Why does talent today seem to care about everything but money and growth? • How do I use Glassdoor to my advantage Adapted from Chapter 5 of Reset: A Leader’s Guide to Work in an Age of Upheaval (PublicAffairs), by Johnny C. Taylor, Jr., President and CEO of the Society for Human Resource Management (SHRM)

SHRM’s Johnny C. Taylor, Jr. Introduces His New Book RESET Available Now

FINDING AND KEEPING GREAT TALENT Forget skills. Forget technical competency and Ivy League degrees. Forget the greed of the 1980s, the 401(k)s of the 1990s, and the stock-option frenzy of 2010. Forget the foosball tables and rock-climbing walls of 2015. The evolution of payouts and perks, of all the staples employers have used to land the best and brightest, is not always enough to attract top talent anymore. And when great talents are discovered, it doesn’t necessarily mean they are in perfect alignment with your culture. A strong culture is weatherproof. If established with a firm hand, leadership can successfully endure chaos and come out the other end stronger than ever. Once you define your culture, and when you lock in on values and vision, who is the matchmaker in this case? HR. With HR developing the plan and using the right tools, employers can hone in on who meshes with their cultural makeup through the search and interview process. Rooted in our identity at SHRM is a challenge culture. As the CEO, I want divergent opinions and diverse perspectives to push new ideas and initiatives. Can those ideas withstand a challenge? Can they hold up to the rigor? • Competency is discoverable. Skills are identifiable. But culture is the tripwire for many companies once an employee is hired. This is where data can come back into play as a way to monitor cultural alignment. • If you miss the markers of cultural misalignment, then misguided individualism can blow up a team. It’s that simple. If we look at collectivism research, we see that the world has shifted much more toward individualistic cultural norms than collective ones. Collective cultures are sort of dying off. • With HR developing the plan and using the right tools, employers can hone in on who meshes with their cultural makeup through the search and interview process. • Having the right team to assist the right person is paramount—organizational leadership distilled to its essential elements is pure alchemy.

Your biggest challenge isn't technology, innovation or even leadership. It's finding, hiring, and engaging the right talent to thrive now and in the future.

www.HRProfessionalsMagazine.com

ABOUT THE AUTHOR Johnny C. Taylor, Jr., SHRM-SCP, is President and Chief Executive Officer of SHRM, the Society for Human Resource Management. With over 300,000 members in 165 countries, SHRM is the largest HR professional association in the world, impacting the lives of 115 million workers every day. As a global leader on the future of employment, culture and leadership, Mr. Taylor is a sought-after voice on all matters affecting work, workers and the workplace. He is frequently asked to testify before Congress on critical workforce issues and authors the weekly USA Today column, "Ask HR." Mr. Taylor's career spans over 20 years as a lawyer, human resources executive and CEO in both the not-for-profit and for-profit space. He has held senior and chief executive roles at IAC/Interactive Corp, Viacom's Paramount Pictures, Blockbuster Entertainment Group, the McGuireWoods law firm, and Compass Group USA. Most recently, Mr. Taylor was President and Chief Executive Officer of the Thurgood Marshall College Fund. He was appointed chairman of the President's Advisory Board on Historically Black Colleges and Universities and served as a member of the White House American Workforce Policy Advisory Board during the Trump Administration. He is a Trustee of the University of Miami, Governor of the American Red Cross, and member of the corporate boards of Guild Education and iCIMS. He is licensed to practice law in Florida, Illinois and Washington, D.C. ABOUT SHRM SHRM, the Society for Human Resource Management, creates better workplaces where employers and employees thrive together. As the voice of all things work, workers and the workplace, SHRM is the foremost expert, convener and thought leader on issues impacting today's evolving workplaces. With 300,000+ HR and business executive members in 165 countries, SHRM impacts the lives of more than 115 million workers and families globally. Learn more at SHRM.org and on Twitter @SHRM.

www.HRProfessionalsMagazine.com

Baby Boomers at Work May Ease Labor Shortages, but Skills Gaps Could Lie Ahead Retirees are returning to the workforce. Say goodbye to the Great Resignation and hello to the “Great Reskilling.” By ROBERT SCHWARZ, ADP DIGITAL EXPERIENCE TEAM

Employers and Baby Boomers may soon find themselves in a mutually beneficial relationship. Businesses need to fill job openings resulting from the Great Resignation, while many older adults who retired during the pandemic now lack financial security amidst rising inflation.

Overcoming unconscious biases about age isn’t always easy, though, even if it is the right thing to do. They key to making attitudinal changes stick is to focus on actual business reasons for hiring older employees, such as incremental growth or better client service.

Yet, solving labor shortages may not be as simple as having Baby Boomers at work once more. Many of them have different expectations about work than they did prior to the pandemic and may need training if their roles or responsibilities are changing. Employers will also have to overcome unconscious ageism biases and rethink some of their talent management strategies.

Employers should also approach communications tactfully to avoid singling out older employees from their younger colleagues. Some of them may be sensitive about their age or firmly believe that you’re only as young as you feel.

Reskilling Baby Boomers at work Any potential job candidate, whether they’ve been in retirement for some time or just want to try their hand at something new, may require reskilling. To meet this need, employers should consider embracing the concept of microdegrees – intensive, job-specific instruction that gets these employees up to speed on the core fundamentals of their role as quickly as possible. “ It’s not like going for a liberal arts bachelor’s degree. Instead, show me how I get better at the job in six to eight weeks,” says Jason Delserro, ADP’s Chief Talent Acquisition Officer. Apprenticeships and job shadowing, in particular, can be very effective at helping employees hone their skills and aren’t limited to just older individuals. As the cost of college tuition continues to escalate beyond the means of average people, more employers may create their own microdegree programs.

Making integrity a recruitment priority If businesses commit to training employees on the job, then some of the more traditional qualifications, like years of experience or formal education, become less important. Alternatively, employers should prioritize so called “soft skills,” like work ethics and decency, when recruiting potential candidates. “ It starts with ethics and integrity. Other skills can be taught,” says Delserro. Many older adults, by their nature, are the ideal candidate from that perspective. Compared to other generations, Baby Boomers tend to be more committed to their work and loyal to their employers. Their years of experience also bring maturity and trustworthiness to the table.

What’s in a number? Overcoming ageism biases Despite their valuable traits, older adults are often overlooked in favor of younger employees with a longer career trajectory. And while it’s true that employers may not find their next CEO among the Baby Boomer population, employers should rethink the value of tenure. Planning workforce strategies in shorter two- to three-year intervals can help businesses become more agile and innovative. 12

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“ You don’t want to label people, since that’s actually the opposite of inclusion,” says Delserro. “I think you need to focus on all the positives that can come with experience.”

Flexible work isn’t just for millennials In addition to changing preconceived notions of age, employers must accept that people, both young and old, have reprioritized work-life balance as a result of the pandemic. “ People used to find a job and build their life around it. Now, they want their job to fit around their life,” says Delserro. Baby Boomers, for instance, may only be looking for supplemental income at this point in their life. Employers will have to become more flexible and accommodate older adults who want to return to work, but only in a reduced capacity. Roles that begin as full-time and then transition to part-time or job-sharing arrangements can help fulfill this need. Flexible work arrangements are especially effective with businesses that have sales departments. As long as the employees make their quotas, the employer may not care how many hours a week the individuals work. The result is win-win – the business earns revenue and saves on the cost of a full-time salary, while the employees get to work a schedule that best suits their lifestyle.

Untapped potential in Baby Boomers at work How long Baby Boomers will remain in the workforce is anyone’s guess. But with inflation impacting how far their retirement savings can stretch, many of them feel a need to work, at least for the near future. This situation presents an opportunity for employers who value the knowledge and experience that comes with age. The only question is whether they’re capable of embracing cultural changes and investing in reskilling programs for candidates who want to make a career change later in life. If so, a reunion with Baby Boomers could be quite successful.

www.HRProfessionalsMagazine.com

5 Culture Questions

EVERYONE Needs to Ask By BRAD FEDERMAN

In today’s world, toxic culture is the primary reason for turnover. Culture has always been important, but it has taken on more weight recently and will only continue to grow in importance for a few key reasons. Changing values regarding work. The pandemic was a catalyst in many people’s lives, causing them to rethink what was important. Meaning and purpose have moved front and center when it comes to deciding where people choose to work or continue to work. Employees desire to make a difference, aspiring beyond the daily grind. They also want to work for an organization that recognizes the human element to work. Flatter, more networked structures. The hierarchy is dying. People no longer have time or patience to wait for answers or use the traditional chain of command. Most individuals go straight to the source, expert, or person with access to the information. In some cases, that means working with people outside your organization. Without the hierarchy, we need other ways to promote appropriate behavior, decision making, and more. Remote or hybrid work environments. Remote and hybrid work environments create a distinct challenge: the invisible barrier between teams. Teams no longer work on projects in the same space, and this lack of facetime impacts the way we communicate. Of course, people still communicate over Zoom, but it is not the same. You lose something. No one wants to spend their day working in virtual meetings. With the disconnection that can occur in these environments you need something to act as glue holding everything together. Diversity. We lack shared norms. We have more diversity in the workforce than ever before, often including five different generations. As a result, we communicate differently. We use different verbiage. Sometimes, we use similar phrases with varying/ misaligned meanings. We hold a variety of value systems. It has become a maze full of landmines for many, even those with good intentions. Without shared norms many organizations fall prey to arguments and even legal exposure because of the misunderstandings that occur and the lack of skill set to address them. Transparency. The public is beginning to see inside most organizations. With LinkedIn, Glass Door, and other resources it is difficult to hide. If you have a less than stellar culture, people will know about it because of the robust on-line world. The opposite is also true. If you build a stellar culture the public will know that as well. 14

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Incivility. We live in a time when civility has taken a back seat. The headlines are shocking and the statistics are devastating. We have all seen the stories about people being harassed at stores, restaurants and on planes, but what you may not know is that an astounding 98 percent of US workers have dealt with incivility at work. Without a strong culture, the incivility outside your figurative four walls will seep into your organization.

To help you analyze your culture and look for ways to improve it, start by asking these five questions:

1. Does your culture help your employees know themselves better? Part of emotional intelligence is learning about yourself or becoming selfaware. Did you know that 95% of people say they are self-aware, but only 10-15% actually are self-aware? Employees who are self-aware perform much better than those who are not. Your culture should help employees know themselves better, almost acting as a mirror reflecting reality back at them. Mirrors share both the flattering and the non-flattering; they share reality and so should a culture. We just need our workplace to share reality in a manner that demonstrates an investment in your people and a desire for them to be successful. Self-awareness is a form of development and the younger generation is craving feedback and development. In fact, 94% said they would stay at the company longer if a company invests in their careers.

2. Does your culture help you learn other people's stories? Inclusive companies are 1.7 times more likely to be innovation leaders. Inclusive teams make superior business decisions up to 87% of the time, and they make them twice as fast in half the meeting time. One aspect of making diversity and inclusion work in order to gain such results is empathy, which is another key aspect of emotional intelligence. Part of empathy is learning and getting comfortable with other people’s stories and experiences. Through that learning and comfort people begin to respond in ways that demonstrate caring and support. Team members begin to recognize subtle differences in one another and respond productively. Again, regardless of your unique culture, it is important that your workplace helps your talent to learn about other people’s stories.

3. Does your culture allow people to struggle, heal, and mourn in front of each other? Vulnerability. Research shows that vulnerability generates trust, increases creativity, and improves workplace safety. Why? The answer is fairly simple. People are vulnerable when they feel safe. This safety allows employees to take risks, innovate, and feel comfortable failing. Teams cannot lead or exceed if

they are landlocked by fear of failure. Creating an environment where employees can be vulnerable allows them to fall, get back up, and jump further. More importantly, employees who can bring their whole selves to work (even their not so perfect selves) can demonstrate that pain, loss and life struggle do not need to paralyze you and the work environment has a space for supporting employees through difficult moments.

4. How well does your culture represent your client promise? Client promises are simple-the reassurance that a brand will deliver on what a customer expects. It’s an agreement of support and commitment. It is the value or experience a company’s customers can expect to receive in each and every interaction with that company. Every culture, first and foremost, needs to support the business strategy and customers. However, a client promise does not success make. Success is based on customer experience, which is the promise in action which is completely dependent on your employees. Does your company culture help your employees deliver on that promise? Is your internal culture a match for your external needs? Have you truly designed your organization from the outside in, meaning starting with the customer journey? Are you executing on that client centered design? In order to deliver on the aspects and values of a client promise, those same factors must be exemplified in your company culture. Employees cannot be expected to uphold a client promise if they are not encouraged to do so with systems, processes and a culture that supports that delivery.

5. Are you happy with your culture? When all else fails, trust your gut. If you were applying to a job at a company that had a similar company culture to that of your own, would you accept the position? When you look at your culture, do you see an environment of support? One that allows people to be vulnerable or continually develop themselves? Do you see an environment that prioritizes communication? Are you happy? Is your team happy? Does your company support a real work/life balance? Are you being developed? Culture should lift your people up and give them a reason to STAY? It should provide purpose and meaning in their work. There is no need to focus on culture for culture’s sake. It’s important to understand what aspects of the culture help and hurt our ability to support our purpose and most critical performance priorities. How did those aspects emerge/evolve and why are they so deeply entrenched? How do they impact results for the business and people? How connected are team members to each other (with open and trusting relationships) and is there a shared commitment to the purpose of the org/team? Today, culture is the cornerstone of success. Address it with the importance it deserves. Build a space where your team can thrive.

Brad Federman, CEO

PerformancePoint LLC bfederman@performancepointllc.com www.performancepointllc.com

Good CULTURES need character. Good characters need CULTURE.

Every organization has a unique cast of characters. We can help you develop an agile culture that enhances their individual work experiences and promotes healthy employee engagement! CONTACT US today for more info! 901.291.1580 info@PERFORMANCEPOINTLLC.COM

Engaged Employees. Resilient Relationships. Collaborative Cultures. www.HRProfessionalsMagazine.com

Follow Adverse Action Rules…Every Time!

Phases of a good Background Screening Process

By JOHN HAWKINS

*We are not employment attorneys, and this article should not be taken as legal advice.*

HR professionals must stay agile in the processes they manage or risk being out of compliance and working with outdated policies. The background screening process for new employees is one such example. It’s a balancing act to maintain a process that helps weed out dangerous or unqualified job seekers, all while doing it fairly. Here are the 6 phases of a good background screening process. Adhering to these helps your company protect itself from both bad hires and discriminatory hiring lawsuits.

Create a Written Policy HR must put a high priority on staying in compliance and maintaining a fair and relevant screening policy. A written policy outlining this plan is essential. Decide when in the process you will screen, what screening products you will use for each position, and what factors constitute not choosing a candidate. Make every employee involved in your hiring process aware of this policy and train them to use it consistently.

Get the Applicant’s Signed Authorization Gaining consent from the job candidate to investigate their background is required by the Fair Credit Reporting Act (FCRA). If you fail to do this, you’re breaking federal law. Before you check into an applicant's background, inform them they will be the subject of a background check. Ask them to sign an authorization agreeing to be the subject of a background screening report. The authorization should be a standalone document, separate from the application and any other required documentation. 16

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Order the Background Check Chances are you want to get the background report returned as quickly as possible. Ordering correctly saves your screening partner the time of asking for additional information. To ensure fast turnaround times, enter as much information on the candidate as you can. Include their full name, social security number, address, previous addresses (if applicable), and date of birth. If you have information on previous employers and education institutions, include that as well. Ask your background screening vendor to train you on all aspects of their ordering platform, including how to upload verifications, authorizations, and other attachments. Be sure you understand how to check the status of reports and retrieve information.

Review the Returned Background Check When the candidate’s screening process is complete, you’ll receive a completed background report. This will include things like information and dates of criminal convictions, employer references, dates, and field of study of their education, etc. Review the information closely. It should align with the job seeker’s application and resume. If you find discrepancies, talk to the applicant to gain additional insight.

Decide on Hiring the Applicant Use all the information gathered from the application, resume, interview, and background check to reach a decision on hiring a job candidate. Consider the applicant’s skill set, education, experience, and how you think they will fit into the role and the company culture. Avoid using race, religion, gender, disabilities, or other protected class information in your hiring decision. Follow your written policy mentioned above to ensure you’re reaching the decision fairly and compliantly.

Handle applicants you don’t end up hiring according to the FCRA’s regulations. 1: If you’re declining to hire the person based in whole or part on information found in the background report: • Notify the applicant by sending a Pre-Adverse notification. Include the name, address, and toll-free number of your background screening vendor, a notice that the consumer is entitled to a free copy of the report and has the right to dispute the information. • Provide a copy of the background report. • Provide a description, in writing, of “A Summary of Your Rights under the Fair Credit Reporting Act.” (This process is sometimes called “Pre-Adverse Action”) 2: The applicant may contact the background screening company if they want to dispute any information in their background report. 3: The background screening company would re-investigate any disputed items and issue an updated report to the employer and applicant/employee. 4: Review the updated report and make the final employment decision. After the appropriate waiting period, issue notice of the adverse action taken to your applicant. In some instances, state consumer reporting laws may apply regarding taking adverse action against a consumer based on a consumer report. Finding, hiring, and keeping top talent is essential for an organization’s long-term success. Background screening is a key element in that success. Implement and follow these aspects of the process to hire qualified, experienced team members, maintain a fair hiring process, and stay in compliance with the FCRA. As always, trust your background screening vendor to partner with you from beginning to end.

John Hawkins, Senior National Account Executive Data Facts, Inc. JHawkins@datafacts.com www.datafacts.com

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The Potential Impact of Justice Ketanji Brown Jackson on Important Issues Facing Employers Today

stice Ketanji Brown Jackson was recently confirmed as the u 116th associate justice of the United States Supreme Court. With the appointment of a new justice on the Court, human resources professionals are inquiring about Justice Brown’s potential impact on legal precedent in employment and labor law, and on the important issues facing employers today.

Meet Justice Jackson Justice Jackson is the first Black female justice and only the sixth female justice and is also the first former federal public defender to serve on the nation’s highest court. Justice Jackson will also be the second-youngest jurist at the Court and made it a point to discuss her role as a parent during her confirmation hearings. Justice Jackson obtained her undergraduate and law degrees from Harvard University. She has served as a law clerk at the U.S. District Court for the District of Massachusetts (Judge Patti Saris), the U.S. Court of Appeals for the First Circuit (Judge Bruce Selya), and the United States Supreme Court (Justice Breyer). In addition to her time in private practice, Justice Jackson served as special counsel to the United States Sentencing Commission in two separate capacities and as a federal public defender. Justice Jackson was appointed to the U.S. District Court for the District of Columbia in May 2013. In April of 2021, Justice Jackson was confirmed for a vacant seat on the U.S. Court of Appeals for the D.C. Circuit where she served until her recent appointment to the United States Supreme Court. In her time on the bench, Justice Jackson authored well over 500 opinions. Those opinions have touched on a wealth of legal issues and may provide some context and insight as to how she may approach employment and labor law issues that may be presented to the Court. From her past rulings, Justice Jackson appears to treat employees and employers evenly and commonly relies upon past precedent to support her decisions. Employment Issues Facing Employers in the Southeast The Bureau of Labor Statistics projects that an estimated 11.9 million jobs will be added from 2020 to 2030. Several areas are expected to experience post-pandemic growth, and some areas are expected to experience growth based upon market expansion that is totally unrelated to the pandemic. The Southeast has seen a rapid increase in population over the last several years. Based upon the 2020 Census Report, the population in the South grew by an astounding 10.2% since 2010. This figure outpaced all other regions in the 2020 Census. South Carolina (10.66%) and 18

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By MATT BROWN and BENJAMIN HEPNER

Florida (14.56%) were among two of the top ten states experiencing the largest population growth captured by the 2020 Census. Several other states in the Southeast experienced population growth including North Carolina (9.5%), Tennessee (8.9%), Maryland (7.9%), Georgia (5.1%) and Kentucky (3.8%). However, despite the influx of new residents and potential additions to the workforce, several industries in the Southeast have experienced rapid growth resulting in a substantial and continually growing need for employees. Several southeastern states have offered economic benefits for companies to help entice them to move south of the Mason-Dixon line. Other southern states have also established large-scale initiatives to bring new industries to their states resulting in a more diverse workforce. Many southern states, including Virginia, North Carolina, South Carolina, Georgia and Tennessee, have been successful in enticing large companies to relocate to the Southeast and others have seen significant investments and expansions from companies already located in their respective states. In addition to the influx of new corporate headquarters and the relocation of production sites, several states have seen an influx of new industries such as IT/technology companies in Tennessee, FinTech in Georgia, aeronautics manufacturing in South Carolina, and biomedical manufacturing in North Carolina. With new employers and new industries throughout the Southeast, employers will likely see their workforce continue to diversify as the region grows in population and diversity. With this added diversity comes new challenges to existing policies geared towards anti-discrimination, anti-retaliation, and other employment issues. Furthermore, a more diverse workforce may lead to new issues centered upon diversity, equity and inclusion, gender issues, pay equity, and other more modern issues for employers. Justice Jackson on Labor and Employment Issues In employment matters such as discrimination, harassment and retaliation claims arising under Title VII, the ADA, the ADEA, and other federal statutes, Justice Jackson’s prior rulings appear to be relatively consistent. She has shown a willingness to issue pro-employer rulings resulting in complete dismissal of employee claims. However, Justice Jackson is also no stranger to issuing pro-employee rulings when warranted and has shown a willingness to do so even in “close cases” like she did in Drasek. Her past rulings do not indicate that she favors employees over employers or vice versa. For example, in the context of employment discrimination claims, Justice Jackson has shown that she is willing to rule in favor of

employers in the face of less-than-desirable factual scenarios. In Ng v. LaHood, Justice Jackson granted summary judgment in favor of an employer despite what she characterized as “troubling” allegations in the context of a discrimination claim. In Raymond v. The Architect of the Capitol, another discrimination case, Justice Jackson granted a motion for summary judgment in favor of an employer even where there was evidence of potential discrimination against an employee. In both cases, Justice Jackson showed a clear command over the analysis needed to rule on the issues presented and both opinions were well-reasoned and favorable for employers. At least one opinion indicates Justice Jackson can be sympathetic to labor unions. In American Federation of Government Employees v. Federal Labor Relations Authority, Justice Jackson’s first signed opinion as a judge on the D.C. Court of Appeals, she wrote the opinion for the court that struck down a rule change promulgated by the Federal Labor Relations Authority in favor of a rule more favorable to labor unions.

However, the Court has recently decided to hear a similar case involving policies geared towards diversity in admissions at the University of North Carolina Chapel Hill. This case may provide some insight into Justice Jackson’s perspective on issues related to race and present some indication of her stance on other issues like gender, sexual orientation, and other more modern legal topics including those arising in the employment and labor context like pay equity and others. Conclusion Justice Jackson will assume her seat for the 2022-2023 term that begins on October 3, 2022. Her tenure on the nation’s highest court could very well see several new legal issues that arise in the context of labor and employment law. With the ever-changing employment landscape, there is no doubt that Justice Jackson will play a long-term role in shaping the future of the legal landscape of our workplaces.

Modern Challenges for Employers Matt Brown is of counsel in Littler’s Charlotte office and may be reached at mabrown@littler.com.

Justice Jackson will certainly bring a new perspective to the Court, which will most likely take centerstage in the Court’s analysis of more “modern” legal issues in the workplace. The Supreme Court is set to hear an affirmative action case in the upcoming 2022-2023 term. The case, Students for Fair Admissions v. President and Fellows of Harvard College, involves a challenge to a raceconscious admissions policy. Justice Jackson indicated that she would recuse herself from this case given her ties to Harvard.

Benjamin Hepner is an associate in Littler’s Greenville office and may be reached at bhepner@littler.com.

Unconventional approaches. Ingenious results. At Littler, we’re lawyers. We’re also innovators and strategists, passionate problem solvers and creative disruptors. And we’re committed to helping our clients navigate the complex world of labor and employment law by building better solutions for their toughest challenges. Fueled by ingenuity. Inspired by you.® 333 West Vine Street Suite 1720 Lexington, KY 40507

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NEW FROM HRCI:

Introducing the Human Resource Standards Institute By AMY DUFRANE

As the premier HR credentialing and learning organization for more than 45 years, HRCI® continues to set the global standard for HR expertise and excellence. We do so through our commitment to the development and advancement of our world-class learning, as well as the administration of eight global certifications, helping professionals achieve new competencies that drive business results. Building on our success in the global HR community, HRCI is proud to announce our new subsidiary, the Human Resource Standards InstituteSM also known as HRSI.SM By way of our association with the International Organization for Standardization (ISO), we have come to appreciate that global standards help organizations align business goals with consensus-based global practices for greater understanding of – and continual improvement in – HR processes and practices. HRSI will allow us to share that commitment to excellence in HR practices, via organizational certifications built on the ISO standards, the first of which is 30415:2021: Human Resources Management – Diversity and Inclusion. This and subsequent HRSI organizational certifications will help ensure that organizations’ HR activities adhere to consensus-based, international HR standards and align around business goals. HRSI organizational certifications also allow for comparisons of practices on objective bases with other organizations across national boundaries and industry sectors. What is ISO, and why should your company care about its standards? ISO is an independent, non-government body that represents 167 countries around the world. Its mission is to develop systematic frameworks and guidance for regulators, governments and companies to facilitate continuous improvement. For more than a decade, ISO has been examining Human Resource Management (HRM), and, in 2011, ISO convened HR experts from thirty-one (31) countries to participate in a Technical Committee (TC) to create HRM standards. Referred to as TC 260, these standards offer guidance for the optimization of organizational performance, improved value creation, sustainable development and higher levels of workforce productivity, satisfaction and engagement. In May 2021, HRCI was appointed by the American National Standards Institute (ANSI) as the International Secretariat for the ISO TC 260 on HRM. 20

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What is the value of the HRSI organizational certification process? Good question. I do not need to tell you how the role of HR has morphed into far more than we ever imagined. Today’s HR professional combines business strategist, data analyst, brand ambassador and workforce mediator into what was already a full-time job. There is an increased need to attract, retain, develop and advance talent, and HRSI organizational certification is a clear signal of quality. The certification empowers both business and HR leaders to ensure their processes and practices are aligned with organizational goals and standards, with further validation of being in line with global standards. By earning the badge and seal of excellence after being validated by HRSI, HR is elevating its role as creators and drivers of real business value. What is an example of how HRSI certification can advance business outcomes? HRSI organizational standards are designed to help organizations evaluate and improve processes to meet a specific ISO standard to show the marketplace they are aligned with the best practices and committed to continual improvement. In its first certification, which will help organizations earn recognition for best practices in diversity and inclusion (D&I), HRSI and ISO recognize that D&I practices evolve and are a continual learning process. Having standards that support consistency helps ensure equity and inclusion for employees. As job seekers, customers, investors and governmental agencies increasingly demand that business relationships are informed by D&I principles, this is an imperative for organizations and why HRSI started its “org cert” initiatives with a focus on D&I. This era of the “great resignation” has illuminated how profoundly employees are rethinking their relationship with work and re-evaluating their purpose, making D&I more important than ever.

The HRSI D&I Organizational Certification leverages ISO guidance, which was developed by global HR professionals and approved by thirty-two (32) participating member countries. Achieving the certification is a clear sign to employees, candidates and partners that the business is dedicated to diversity, inclusion, equity and belonging. Conversely, a failure to earn certification leaves customers, employees and other stakeholders perceiving an organization’s brand negatively; potentially causing concern as to why a business may not place the necessary focus on D&I standards. How do we get started? We know how busy HR professionals are, and the application process has been streamlined to ensure a friendly user experience. The steps include:

Driving standards in the HR discipline is our life’s work, and I know you will be eager to earn the HRSI seal. While D&I is our first organizational certification, it represents one of more to come as we tackle the issues faced by HR as our profession continues to evolve. To learn more about the path to certification, please connect with us by visiting www.hrstandards.org or emailing info@hrsi.org. We look forward to celebrating your organization’s commitment to aligning business and HR goals and objectives through standards.

· completing the readiness assessment; · evaluating the results; · engaging with additional resources (if necessary); · applying for certification; · receiving assessor feedback and certification results; and · planning for re-certification. The estimated timeframe for this process is 30 to 90 days, contingent upon the amount of time needed to construct the verifying documentation and answer questions. Once obtained, there is an annual check-in process. To recertify, the accreditation process would reactivate within 60 months (five years) from the original certification date.

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 chair of the Columbia Lighthouse for the Blind board. Amy holds a doctorate from The George Washington University, an MBA and MA from Marymount University, and a BS from Hood College.

Save 20% on HRCI® Courses in 2022 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). • Fostering an Inclusive Culture

• Assessing Diversity and Inclusion

• Hiring and Retaining Diverse Talent Earn 12 general HR credits towards any of HRCI’s eight credentials, including SPHR® and PHR®. Visit learn.hrci.org and use code HRPro2022 to claim your discount at checkout. HRCI’s learning catalog features 250+ courses and certificates. This offer will expire on June 30, 2022 at 11:59 pm ET and cannot be combined with any other promotions.

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HR’S ROLE WHEN LIVES ARE AT STAKE

Ashley Duncan, HR Manager, SafeHaven Security Group

“What if he comes back?” “How seriously should we take this threat?” “What if he shows up with a gun?” These are some of the questions that HR leaders ask the Threat Management pros at SafeHaven Security Group each day. It is the proper answers to these questions that keep everyone safe. But this article isn’t about partnering with HR to prevent violence. This story is about what it’s like to run HR when your company saves lives for a living. Meet Ashley Duncan, HR manager for SafeHaven. Ashley’s experience runs the gamut from Chamber director to festival organizer to the toughest job she’s ever had – recruiting talent, retaining key players, and developing policies for a fastgrowing start-up with a critical mission. Ashley is a dedicated mother of two boys who also happens to be an amazing singer/songwriter. Her style is reminiscent of Lzzy Hale, and she performs regularly with her band. 22

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Doug Elms, Founder, SafeHaven Security Group

When Ashley first moved to NW Arkansas (consistently ranked in the top 10 places to live in the U.S.) she knew she wanted to work for a small company where her diverse talents could make a real difference. She longed to find an organization that did important work in the lives of people. Enter Doug Elms. Doug is a former police officer who worked the mean streets of Little Rock, Arkansas back when it was known as the most dangerous small city in America. Doug served 12 years, ultimately leaving after being wounded in a gunfight with armed robbers. After working closely with the Secret Service when Bill Clinton became President, Doug was recruited to Walmart where he protected multiple CEO’s as well as members of the Walton family. After a successful 24-year career, he felt compelled to start a company that offered organizations across the country the highest level of expertise in recognizing and managing threats of all kinds. SafeHaven Security Group and SafeHaven Threat Management are the result of that compulsion.

We sat down with Ashley and Doug and asked them about the biggest challenges they face and the keys to overcoming them.

ASHLEY: I love our culture! It is open and friendly and caring, but we hold each other accountable to the highest standards.

ASHLEY: For me I think it’s the realization that, unlike my previous roles, if we don’t have the right people in the right place at the right time, with the right skills, someone could suffer a terrible loss. DOUG: I couldn’t agree more. Everyone here understands that our actions prevent violence and save lives. What’s more important than that?

DOUG: And that doesn’t just mean work product. We publish our core values and expect everyone to behave according to those principles.

DOUG: Staying focused on strategy-level issues and not getting bogged down in the detail.

DOUG: Well, we helped a client dodge a bullet recently. Kind of.

Our assessment was completed in hours and we rated this situation as very high-risk. We believed the customer was working toward a kidnap and rape scenario. Working with the client we developed a management plan and literally managed the threat out of existence. The customer relationship was severed in the right way and he took his business elsewhere.

Sounds familiar. How do you handle those day-to-day issues? ASHLEY: To be honest, it’s hard. I’m learning every day. Doug saw my struggle to keep up and hired an executive coach for me, which is really helping. DOUG: Same. I have a tendency to be very detail oriented and always look for ways to make things just a bit better. It’s important that I have senior leaders who will challenge me when I dive too deep.

We tried to get the prosecutor to act on an obviously dangerous situation, but they refused. A few months later, the former customer succeeded in kidnapping, raping, and murdering an elderly woman in the same town, giving strong credibility to our original assessment.

Everyone is struggling to find and keep talent. How are you doing in that area? DOUG: With our senior people, it’s been relatively easy. We can attract former FBI and Secret Service agents as well as police officers and highly experienced threat managers. ASHLEY: Entry level is a different story, especially with our high standards. I’m excited to say that, after a two-month study of the problem, we have developed a powerful solution that will set us apart from most ever other company in our field.

The problem with these deals is the number of “if’s.” IF that employee hadn’t been trained on the warning signs. IF the HR leader hadn’t taken action. IF the bank didn’t have a Threat Management partner. Too many “if’s.“ ASHLEY: Part of our job is to reduce the number of “if’s.”

To be more tactical, what do you struggle with, as far as daily operations? ASHLEY: Recruiting, retention, and training, as well as keeping up with our rate of growth.

ow, that’s a lot of responsibility. W What does that look like in real life?

An employee at a regional bank became very concerned about the ever-stranger behavior of a customer. She’d been to one of our seminars on preventing violence and recognized a number of warning signs. She told her boss, who failed to act. Finally, she went over his head to HR and they contacted us immediately.

What’s the deal with SafeHaven culture?

You have to tell us about that! DOUG: Nope.

I ’m assuming neither of you are directly involved with serving clients. How do you sleep at night knowing people you hired are responsible for carrying out such a serious mission? DOUG: Sometimes we don’t. ASHLEY: Hahaha, true. We have worked hard to clearly identify who we are looking for and we recruit to those standards. DOUG: For me, it’s all about trust. I trust Ashley to find and hire the right people with the right skills and the right attitude to serve our clients well. She trusts me to lead our organization well. ASHLEY: Once they are on-boarded and inundated with SafeHaven culture, we get out of the way and let them do their jobs, while supporting them at all times.

ASHLEY: We aren’t ready to make that public just yet. Sorry.

One last question. This work seems so crucial and the stakes are so high. Why do you do it? DOUG: Because I’m a protector and because I love building professional organizations that serve others. ASHLEY: Because of past experiences, the work we do has deep meaning to me. We keep people safe and probably partner more with HR leaders than any other group. Our work resonates with me on many levels.

Need a Threat Management partner? Contact SafeHaven Security Group at 844-SAFEGROUP or safehavensecuritygroup.com. You can reach Ashley Duncan at ashley@safehavensecuritygroup.com or Doug Elms at doug.elms@safehavensecuritygroup.com. www.HRProfessionalsMagazine.com

OVERWORK:

Over it By KATIE O’NEILL

Imagine walking out of work at 5pm, with no recollection of your day and no stress thinking about what you need to finish that weekend. What’s the flip side? While at work, you have no recollection of your personal memories or life outside of work. For some, this might sound like the “ultimate in work/life balance”, where you truly unplug at the end of the workday, and effectively live two different lives. This concept is the premise of the sci-fi thriller series, “Severance”. As you can predict, there can be dire consequences of severing your memories and awareness between your work and personal self. The show is brilliantly written and performed, but the growing popularity could also be a reflection of the current shifts in the working world and “Great Resignation”. People are willing to make big changes to get away from a culture that prizes overwork and productivity at all costs. The negative impacts of overwork, burnout, and a lack of healthy work/life balance were well documented before the pandemic served as a catalyst to blurred work boundaries and increased workloads. The World Health Organization has reported that people working 55 or more hours per week faced an increased risk of stroke and dying of heart disease, and describe overwork as a “serious health hazard”. The negative impacts of overwork and burnout aren’t just quantified by the number of working hours per week. Workplace stress and pressure to be available during off time prohibit employees from taking needed time off to recharge, and infringe on workplace boundaries. Beyond heart disease and stroke, the negative health consequences of overwork are lengthy: disturbed sleep, poor eating habits, inactivity, substance misuse, weight gain, decreased immunity, and poor mental health status. Overworked employees experience reduced productivity, creativity, social and community interactions, and increased accidents, mistakes, and depression. If overworked employees are less productive, cost more, and are more likely to leave their job, why do many employers struggle to address the problem? 1) They don’t want to actually fix the problem: Joyce, an overwork expert and speaker, featured on the WBEZ-FM podcast “Reset” shared a client story that demonstrates how initiatives to improve work/life balance can be halfhearted at best and performative at worst. A client asked her to host a work/ life balance workshop for burned out employees. But, she was warned that because employees were required to work 80-100 hours per week, none of her discussion could suggest employees work fewer hours. Obviously, this stood out to her as the core of the problem. Initiatives to help promote employee health through improved work/life balance need to be married with the necessary resources to allow that to happen. Without the proper leadership and cultural support, employees will resent these initiatives and see them as insincere. 2) PTO is treated like a 4 letter word: When employees are on PTO, it should be assumed that they are in a jungle, on a glacier, or somewhere else where they cannot be reached, except in dire emergencies. They should not be expected to respond to calls, emails, or feel as if they need to respond to emails to avoid an avalanche in their absence. This expectation is reinforced when people do respond and work while they are out of the office, and can create confusion. Instead of coming back from time off refreshed and recharged, they feel as if they haven’t actually had any time off. 3) The systems, resources, and expectations cannot support healthy work/life balance: There is not a mental health program, webinar, lunch and learn, or stress relieving exercise in the world that can counteract the gaps created by reduced resources coupled with increased workloads. If employees are experiencing significant stress due to unrealistic workloads, providing talk therapy programs won’t change their problem, and will require additional time that they don’t have. 24

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What to do? The stress and exhaustion resulting from overwork can have many contributors outside of the workplace. Over-committing, caregiving, and the American culture that prizes busy-ness can create societal pressure to feel that if you aren’t constantly busy, you aren’t doing enough. But, there are initiatives that employers can take to help reduce burnout and overwork. 1) Conduct an employee survey to determine if there are particular pain points or areas where employees need more resources or support. 2) Do not assume that employees not speaking up means that they aren’t overburdened. Oftentimes, employees could see voicing concern being viewed as complaining or that they are not able to perform their job. Employees should be able to have clear and diplomatic conversations about their work boundaries and workload, and asked periodically before it becomes a problem or they change jobs. 3) Look at your wellness programs and engagement rates and determine where you might be having challenges. Low engagement rates can be a sign that employees are too burned out and exhausted to engage in needed self-care, including health and wellbeing initiatives. 4) Consider the long term impacts of the pandemic, workloads, and reduced resources. On top of the stress of the pandemic, many employees were asked to work longer hours, forego time off, and make up for reductions in the workforce. That cadence should not be considered the new norm or sustainable. 5) Add on benefits and perks that can make life easier and healthier. Employee perks such as housecleaning, healthy meal delivery, and caregiver support tools are growing in popularity to help allow people to better balance the demands of work and home. The Great Resignation and changes in the workplace culture show how employees are becoming more vocal of their expectations of their work responsibilities in a healthier balance with their physical, mental, emotional, and social needs. Workplaces that fail to address overwork in meaningful ways might benefit in the short term, but long-term results from decreased retention, lost productivity, and higher medical costs will greatly outweigh the cost of investing in solutions now.

Katie O’Neill

VP, Clinical Wellness Practice Leader, McGriff Katie.ONeill@McGriff.com

We regret that the sources were inadvertently left off the May article, “Employees Continue to Look for Unique Solutions to Rising Rx Costs” by Denise Cabrera. Please click this link to view the sources.

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Research conducted by SHRM (the Society for Human Resource Management) shows that 95% of U.S. employees have been involved in polarizing workplace discussions, whether as participants, bystanders, or managers. Couple this with the fact that 41% say they have quit jobs because their values are stigmatized by colleagues, and the conclusion is clear: Work environments today are powder kegs of us-against-them toxicity. Addressing the urgent need for empathy and respect, SHRM is partnering with Moral Courage College to distribute an innovative inclusion program, Diversity Without Division. It is informed by the science of how to unify people in tense times. SHRM Chief Knowledge Officer Alex Alonso, Ph.D., SHRM-SCP, says, “Diversity is so much more effective when contesting views are respected. But most companies don’t know how to handle polarization, let alone leverage it as an opportunity to enhance belonging. Diversity Without Division is a game-changing solution.” “Inclusion should be exactly that—inclusive not only of different demographics but also of varied viewpoints, since diversity exists within groups as much as between groups,” says Irshad Manji, the New York Times bestselling author and founder of Moral Courage College, which developed Diversity Without Division. “This program doesn’t tell anybody what to think or believe,” Manji adds. “It teaches everybody to lower their emotional defenses so that contentious issues can be turned into constructive conversations and healthy teamwork.” According to additional SHRM research, nearly 62% of HR professionals cite “increased willingness of employees to express/understand different perspectives” and “increased collaboration among colleagues” as organizational priorities. These figures are consistent with national data that shows 77% of Americans are exhausted by divisiveness and looking for ways to work together.

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Diversity Without Division participants gain the skills to: · Build trust with those who have dramatically different opinions. · Create common ground and not just seek it. · Reduce anxiety during disagreements. · Ask questions that are sincere rather than judgmental. · Listen to understand instead of to win. Dr. Cornel West, the renowned scholar and democracy advocate, recognizes the impact of Diversity Without Division, calling it a “powerful force for good.” Industry leaders such as global enterprise TEKsystems, and smaller businesses such as The Stelter Company in Iowa, have adopted Diversity Without Division modules. So have more than 70 organizations across the U.S. and Canada. Says Johnny C. Taylor, Jr., SHRM-SCP, president and chief executive officer of SHRM, “Our own Blue Ribbon Commission on Racial Equity has found that it’s impossible to foster genuine inclusion in the absence of empathy. That’s the revolutionary work of Diversity Without Division. It equips people with the tools to heal our deepest divides—as well as our ourselves.” For more information regarding Diversity Without Division, please visit moralcourage.com/companies.

CONFERENCE REGISTRATION IS NOW OPEN This conference is for doers, not observers SHRM INCLUSION 2022 will teach you to go beyond traditional DE&I practices to boldly create a lasting impact in your workplace. You will: • Make connections. • Be inspired. • Take action. • Build a playbook of implementable strategies to take home. • Transform your workplace culture into one of real inclusion where all people can thrive.

Visit www.shrm.org/INC22 to learn more.

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Reimagining Talent Development Amid a Worker Shortage:

Alabama’s Talent Triad Solution-Driven Ecosystem

By KIM LAFEVOR and TIM MCCARTNEY oday, many businesses have closed or adjusted their production or hours of operation to acclimatize to the present labor shortage. No end seems to be in sight to this difficult quandary. As HR professionals we all have been grappling for several years now with an increasingly too familiar problem that is front and center and which a viable solution is centric to each of our organization’s sustainability and success: Finding, Attracting, and Retaining Talent. The Right Talent---- and when and where we need it. The pandemic did not solely create these present challenges, it just accentuated it. The stark reality necessitates that we must reimagine and create new staffing models that can nimbly and adequately adjust to the current and emergent workforce challenges to include: 1) access to available talent (for employers), 2) the development of the right skilled talent (workforce development through providers), and 3) effective modalities to connect job seekers with employers who so desperately needs them (applicant portals and career connections for applicants). In this article, the state of the worker shortage and skilled talent gap will be unpacked, current challenges reviewed and a solution offered through an emergent solution-based approach in the State of Alabama which has created a Skills-based Talent Triad approach. A solution to the present prodigious talent crisis calls for big and bold solutions, but what does that look like? What is the ‘State of Worker Shortage’ and ‘Skilled Talent Gap Crisis’ and is a ‘Real Solution’ possible? What are the applicable and pragmatic takeaways from the Talent Triad approach being spearheaded in Alabama?

State of the Worker Shortage Let’s get straight to the point. In summary, the U.S. has too many people without a job and too many vacant jobs without skilled labor to fill them which results in employers unable to optimally thrive in the present business environment. This does not mean that there have not been noble efforts. In 2021, businesses responded in a herculean manner to the existing labor shortage by adding an unprecedented 3.8 million jobs. Sounds good, right? Not exactly. The flip side is that while these staffing initiatives were underway, there was also a mass exodus of workers. According to the Pew Research Center (2022), between February 2020 and 2021, a net of 2.4 million women (with Hispanic and Black women accounting for 46% of this total decrease) and 1.8 million men left the workforce with no intent to actively seek out reemployment.

There are four primary reasons for this worker mass exodus: 1. Family Household Increase in Savings-Stimulus checks added $4 trillion to U.S. worker savings since early 2020 and enhanced unemployment benefits (which ended in September 2021) resulted in 68% claimants earned more than they did while working leading to higher income and economic stability. 2. Early Retirement-Since the pandemic, over 3 million older workers 55 and over have opted for earlier retirements at an increasing rate over time. Separations through retirement surged from 48.1% in Q3 of 2019 to 50.3% in Q3 2021. 3. Lack of Access to Childcare-During the pandemic, many childcare providers closed or scaled back services. As of Q4 2021, childcare industry employment still remains 10% lower than pre-pandemic levels. Consequently, women’s participation rate in the labor force declined from 70% to 55% during this time, the lowest since the 1970s. 4. New Business Starts-Many employees turned the challenges associated with the pandemic to an opportunity for entrepreneurship by leaving their employment to launch a business of their own. During the last two years alone, more than 10 million new business applications were filed, and 4 million new businesses were started in 2020 alone. (U.S. Chamber of Commerce Foundation, The Education Trust, 2022) Amid these challenges, the U.S. labor force began a “Great Reshuffle.” With the popularized “Great Resignation” (and hashtag #quittok), workers went social in sharing their reasons for leaving their jobs to find more free time, quality of life, or better opportunities. In as much, labor participation has taken on new meaning as the labor pool sorts out whether or not to actively seek work which adds another layer of complexity to the talent crisis.

Skills Gap: Federal & State Relief through Legislative Amelioration Is the current talent crisis an employer, employee, state or national problem? The answer is a definitive “yes,” and to all the above. The amelioration of the present worker shortage and skills-gap will be dependent upon the accountability of all stakeholders. Our workforce system is arguably somewhat broken. It is not responsive to the changing jobs and evolving skill requirements, workforce training programs are not aligned to industry needs, and the workforce data infrastructure is outdated. The U.S. Chamber of Commerce launched an America Works initiative which proposes closing the jobs gap will necessitate: 1. Helping Americans acquire the skills they need to fill today’s open jobs 2. Improving educational and job training opportunities for the jobs of the future 3. Removing barriers to entering the workforce 4. Expanding the workforce through immigration reform The onus is on legislative advocacy to produce the aforementioned outcomes that works in the best interest of employers and job seekers alike.

Creating a Talent-Based Ecosystem in Alabama: Creating Relevant and Pragmatic Talent Solutions for Today’s Talent Crisis While the national talent crisis continues to loom, the State of Alabama has developed an innovative solution. Alabama’s Governor Kay Ivey has placed a renewed call for a more modernized, adaptive, and resilient workforce development system that will substantively bridge the state’s talent shortage and skills gap. This new workforce development system, or Talent Triad, composed of the Alabama Credential Registry which will be used to make each credential awarded to Alabamians transparent and will tag credentials to the competencies for which they denote mastery; the Alabama Skills-Based Job Description Generator and Employer Portal will allow employers to create customized job descriptions based on the “DNA” of the jobs in their firms; and the Alabama College and Career Exploration Tool, or ACCET, learning and employment record will allow job seekers to develop verified resumes and to link directly to skills-based job descriptions generated by employers. 30

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tency models and career pathways (by industry) supported through competency-based education, and skills-based hiring. These vertical and horizontal partnerships reflect a comprehensive and systemic approach to creating a job-ready workforce and create a win-win for employers and job seekers alike. The embedded technology solutions serve to operationalize Alabama’s competency-based education and skills-based hiring ecosystem, while the work of key stakeholders operationalize the important linkages for talent solutions.

The statewide goals of Alabama’s New Talent Triad Ecosystem are big and bold. They include: 1) adding 500,000 credentialed workers to Alabama’s workforce by 2025, 2) extending opportunities to populations with barriers to entering education and the workforce, and 3) accelerating COVID-19 pandemic recovery by supporting Alabamians who have been displaced by the pandemic with reentering the workforce. In a state that has been surgically focused in the areas of competency-based career pathways, work-based learning, apprenticeships, credentials of value, and career lattices, Alabamians have been provided a foundation for economic upward mobility through skill enhancement that allow for career progression from entry-level to middle-skills position, to an advanced-level career through the mastery of an increasingly rigorous levels of competency. Furthermore, these gallant targeted outcomes center on 5 key policies that will create and deploy: 1) a statewide database to register all individual learning, 2) a statewide non-degree credit articulation index and credit transfer articulation crosswalk and articulation system, 3) recognition of all learning towards credits to credentials and careers, 4) clear pathways to credentials and careers, and 5) policies that provide support and remove barriers that exist between the creation of skilled labor and an employer job-ready workforce.

Closing Remarks The U.S. is at a crucial point where relevant and timely workforce solutions are needed. Current workforce needs continue to fall short and the future remain unpredictable. Therefore, it becomes especially critical that employing the right worker with the right skills be simple, fast and employer focused. At the same time, solutions have to adequately and sufficiently address not only current employment needs, but also concurrently create a more modernized workforce development system that can be a long-term stalwart driver of economic growth and competitiveness.

Dr. Kim LaFevor, DBA, SPHR, SHRM-SCP, IPMA-SCP, NDCCDP Senior Executive to the President for Strategy & Innovation Athens State University

The Talent Triad’s continued momentum and success is dependent upon the avid synergies of advocates at all stages of the employment lifecycle; state, civic, and academic leaders, employers, job seekers, and the workforce development providers working collaboratively and in tandem to develop and deploy compe-

Mr. Tim McCartney

Chair of the Alabama Workforce Council

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RECONNECT

Mississippi Human Resources

Conference & Expo May 2 - 4, 2022 IP Casino, Resort and Spa BILOXI, MISSISSIPPI

CONFERENCE SESSIONS AT A GLANCE PRE-CONFERENCE WORKSHOP Dare to Lead: Effective Leadership Strategies to Optimize Employee Performance Presented by Shelia Farr, M.A., M.Ed., RYT, SHRM-SCP Gulf Coast Training and Education Services, LLC

KEYNOTE PRESENTATIONS 1

Simplify the Shift: Harnessing Success During Times of Change Dr. Sam Jones, Organizational Development Specialist Blue Hen Agency

Never Wrestle with Pigs Dr. Lavon Gray, Senior Director of Organizational Health Blue Hen Agency

BREAKOUT SESSION TOPICS 3

Conflict Resolution in 4 the Workplace 5 Diversity and Inclusion 1 Shonda Kines, SHRM-CP, PHR, Director of MSSHRM State Council, welcomed Employment Law and Compliance attendees. 2 Mississippi SHRM State Council (L-R) Melissa Drennan, Jennifer Organizational Development Houston, Loretta Phillips, Adrienne Morris, Dusti Pisarich, Shonda Kines, Effective Recruiting Strategies Charlotte Pratt, Jacquelyn Mack, Dan Baker and Jan Farve 3 JoJo Adams Mental Health Priorities in the Workplace with Jones Walker presented “The New Covid Landscape for Employers.” Leadership Development 4 Dr. Samuel Jones, PhD, CSP, with the Blue Hen Agency was the opening AND MORE!

keynote speaker. His topic was “Simplify the Shift: Harnessing Success During Times of Change.” 5 Members of the Blue Hen Agency; (L-R) Dr. Ron Mumbower, Dr. Sam Jones, Grace Johnson, Kassi Rushing, Dr. Joe Paul, Todd Rath, Emily Gardner, Dr. Lavon Gray 6 Jason Marsh, Partner at Phelps, Dunbar For session descriptions and speaker LLP, presented “Managing an Employment Lawsuit from Beginning to End: The Keys to Successful Litigation.” 7 25th Annual Mississippi Human Resource bios, please register at: 6 7 Conference & Expo May 2-4, 2022 in Biloxi, MS at the IP Casino & Resort

https://bit.ly/MSSHRMReconnect2022

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BREAKOUT SESSION TOPICS Conflict Resolution in the Workplace Diversity and Inclusion Employment Law and Compliance Organizational Development Effective Recruiting Strategies Mental Health Priorities in the Workplace Leadership Development AND MORE!

RECONNECT

Mississippi Human Resources

For session descriptions and speaker 8 9 bios, please register at: 8 Spirit of HR Winner: Brenda Barron Pictured: (L-R) Shonda Kines, Brenda Barron, Charlotte Pratt. 9 CAHRA members (L-R) Front Row: Loretta May 2 - 4,Jacquelyn 2022 Mack, Melissa Robbins, Teresa Boutwell, Danita Dillard, Phillips, Jennifer Stewart, Shondahttps://bit.ly/MSSHRMReconnect2022 Kines. Middle Row: Brinda Thompson,

Conference & Expo IP Casino, Resort and Spa BILOXI, MISSISSIPPI

and Monica Wilson.

KEYNOTE PRESENTATIONS 11

Simplify the Shift: Harnessing Success During Times of Change Dr. Sam Jones, Organizational Development Specialist Blue Hen Agency

Never Wrestle with Pigs Dr. Lavon Gray, Senior Director of Organizational Health Blue Hen Agency

BREAKOUT SESSION TOPICS Conflict Resolution in the Workplace 14 15 Diversity and Inclusion 10 “DEI Planning: Best Practices to Increase Inclusion and Employee Engagement” was presented by Employment Law and Compliance Nakimuli Davis-Primer, Shareholder at Baker Donelson 11 Dr. Lavon Gray, Co-Owner & Senior Director Organizational Development of Organizational Health, at Blue Hen Agency spoke on “Choose to Diffuse: Conflict Resolutions in Effective Recruiting Strategies the Heat of Battle.” 12 Sheila Farr,Mental SHRM-SCP,Health Owner of Gulf Coast Training and LLC, led Priorities in theEducation Workplace a pre-conference workshop on “Dare to Lead: Effective Leadership Strategies to Optimize Employee Leadership Development Performance.” 13 Monique Akanbi, SHRM-CP, is the SHRM FieldMORE! Services Director for Mississippi AND

SHRM. 14 Chris Fontan and Claire Williamson with Brunini Law Firm discussed “Workplace Violence.” 15 (L-R) Shonda Kines, Beth Kittle, SHRM-CP, HR Professional of the Year, and Jacquelyn Mack. 16 Curnis Upkins, Jr. with Savio HR Solutions was an exhibitor. 17 MSSHRM members enjoyed line dancing

at the reception in the Chill Lounge Tuesday night. 18 (L-R) Jan Farve, Director of MSSHRM, Foronsession descriptions andpast speaker

Cynthia Thompson, Editor | Publisher of HR Professionals Magazine, Melissa Drennan, past Director of

bios, please register at: https://bit.ly/MSSHRMReconnect2022

MSSHRM, and ID Pending at the reception in the Chill Lounge Tuesday night.

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Government Contracts Labor & Employment Developments – Part 2

The Misclassification Initiative largest portion of the requested increase By RICHARD ARNHOLT for fiscal year 2013 – $4 million and 35 new investigators – will support DOL’s enforcement “misclassification initiative” which targets the following industries which DOL believes often misclassify employees as independent contractors: • Construction • Janitorial Health • CareHome Care • rule that successor contractors hireChild their which the employees are “qualified,” which • andTransportation Warehousing predecessor’s employees in an to provides contractors with some autonomy. • andaim MeatProcessing Poultry • Landscaping

: The For any ENFORCERS companies doing work for the

Priorities of the U.S. Department of Labor in 2012. federal government, whether as prime contractors or as subcontractors, it can be challenging to keep up with the perpetually changing requirements, particularly when the changes occur this quickly. That has been the case in recent months, with at least four developments impacting a large percentage of the government contracting community.

By Ta MM y D. M CCUTCHen

In Part 1of this series about these developments, we examined two new Executive Orders (EOs) issued by President Biden that (1) directed an almost 50% increase in the minimum wage government contractors must pay their employees under a number of types of contracts; and (2) mandated the use of union labor on large federal construction projects. Part 2 of the serious continues our discussion of recent EOs, covering EO 14055, which reinstitutes the requirement that federal contractors offer the right of first refusal to qualified service personnel who worked on predecessor contracts. In this article we also cover the new affirmative action on-line tool developed by the Office of Federal Contractor Compliance Programs (OFCCP) at the Department of Labor (DOL) that contractors must now use to certify compliance with affirmative action requirements.

Non-Displacement of Qualified Workers is Back Through yet another Executive Order (EO 14055) issued on November 18, 2021, President Biden revived an Obama-era 34

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prevent qualified workers from being replaced. EO 14055, which requires that agencies include a provision in contracts giving workers the right of first refusal for employment with a successor contractor if they would otherwise lose their jobs upon the contract’s expiration, only applies to contracts and subcontracts covered by the Service Contract Act (SCA). EO 14055 is effective immediately and applies to solicitations issued on or after the effective date of the final regulations issued by the Federal Acquisition Regulatory Council (FARC), which has not yet occurred.

Procedure Overview Pursuant to EO 14055, predecessor contractors must provide a list of service employees, with their anniversary dates, to the contracting agency at least 30 days prior to the contract completion date. That list is then provided to the successor contractor, which must make a written employment offer to all covered incumbent employees to the extent there is a position available, who then have at least 10 business days to accept the offer. Importantly, the successor contractor does not have to hire all of its predecessor’s employees. Instead, it is entitled to determine the number of employees necessary to perform on the contract and may choose to employ more or fewer people. In addition, offers of employment must be for positions for

Specifically, successor contractors do not have to offer a right of first refusal to any employee for whom the contractor reasonably believes, based on reliable evidence of the particular employee’s past performance, that there would be just cause to discharge the employee if employed by the contractor.

In a notable departure from the Obama-era requirements, the EO 14055 does not exclude managerial or supervisory employees from this requirement. This makes little sense, as companies bidding on federal contractors are often required to identify and are evaluated on who will fill those managerial and supervisory roles. Further, if a contractor cannot replace the employees or the supervisors, there seems to be little reason to complete those requirements because award to a new contractor will have little, if any, effect on the performance of the work.

Exclusions from EO 14055 EO 14055 excludes SCA contracts that fall below the simplified acquisition threshold (currently $250,000 for most procurements). Nor does it apply to employees who were hired to work under a federal service contract and one or more nonfederal services contracts as part of a single job. In addition, under limited circumstances, agencies may apply for an exemption from the EO 14055’s requirements.

Begin Preparation Efforts Now Until final regulations are issued, agencies are strongly encouraged to use the clause included in EO 14055. In addition, federal contractors whose contracts or subcontracts are covered by the SCA should be advised that agencies may seek to modify contracts to include the provision. As such, it would be prudent to begin planning now to abide by these requirements.

OFCCP’s Affirmative Action Contractor Portal Since the 1970s, federal contractors with supply and services contracts of modest value (today $50,000 or more) have been required to have an affirmative action program. Covered contractors must take proactive steps to recruit and advance qualified minorities, women, individuals with disabilities, and protected veterans, including having and annually updating an Affirmative Action Plan (AAP). While AAPs have long been mandatory, contractors have only had to produce them during audits by the Office of Federal Contractor Compliance Programs (OFCCP) and certify to their existence during the contracting process. OFCCP’s failure to monitor, collect, or evaluate AAPs has been the subject of recent criticism. Most recently, in 2016, the Government Accountability Office (GAO) found that OFCCP had no way to collect AAPs, and that it only audited around 2% of contractors annually. Based on its findings, GAO made a series of recommendations, including that OFCCP “develop a mechanism to monitor AAPs from covered federal contractors on a regular basis. Such a mechanism could include electronically collecting AAPs and contractor certification of annual updates.” In what is a quick turn for the federal government, just six years after that report, OFCCP’s AAP certification system is fully operational.

OFCCP’s New AAP Certification System After the GAO report, OFCCP issued Directive 2018-07, Affirmative Action Program Verification Initiative, the purpose of which was to implement a verification process to ensure contractors are meeting the “the most basic EEO regulatory requirement” – preparation and annual update of AAPs. That online certification tool, creatively named the “Contractor Portal” – https:// contractorportal.dol.gov, went live on February 1, 2022. On that date, supply and services contractors subject to the AAP requirement were able to begin registering (construction contractors are not currently required to register or certify). Interestingly, some fields in the Contractor Portal have been pre-populated using information from 2018 EEO-1 forms. During registration, contractors should confirm that the information is correct. For those contractors for which OFCCP has email addresses, OFCCP sent registration invitations. But, whether or not a contractor received an email, all contractors and subcontractors subject to the requirements must register and can do so using their EIN. Beginning on March 31, contractors were able to certify their AAP compliance, and by June 30 contractors must certify whether they have developed and maintained an AAP for each establishment with 50 or more employees for each functional unit. New contractors are also subject to these registration and certification requirements. After award, contractors have 120 days to develop an AAP. They then have 90 days after developing the AAP to register and certify compliance through the portal. In addition to the initial certification requirements, going forward, federal contractors and subcontractors will be required to certify annually whether they are meeting their AAP obligations.

For those with questions about the registration process, OFCCP has posted a lot of helpful information, including a Contractor Portal “Federal Contractor Guide” that is available here - https:// www.dol.gov/sites/dolgov/files/OFCCP/ Contractor%20Portal%20-%20 User%20Guide%20-%20(Release%20 2-1)%20Registration-MultiUser%20 1-27-2022%20508c.pdf. OFCCP has also posted FAQs and held multiple webinars to educate contractors about these new obligations.

Impact of the Portal The first and most obvious impact of the portal is that tens of thousands of companies across the country have to register with OFCCP and certify compliance with their AAP obligations. Contractors will have to ensure any representations made on the Contractor Portal are accurate because inaccurate or untruthful certifications may expose contractors to liability under the False Claims Act or the False Statements Act. Also, this tool not only enables OFCCP to track compliance, it will also enable the agency to identify easily those companies that have failed to comply. While certifying AAP compliance will not exempt contractors from OFCCP compliance evaluations, it is likely that they will be further down the list than those contractors that do not certify at all. While for now the portal is being used only to track certifications, if it is successful, it is unlikely to remain limited for very long. Some have speculated that this is the first step toward OFCCP collecting and reviewing AAPs. It is also likely that this tool will be expanded to collect other information about government contractors’ compliance with employment labor and obligations.

Richard Arnholt is a member at Bass, Berry & Sims in Washington, D.C. He advises companies on the complex rules applicable to contracting with federal and state governments. He focuses on risk mitigation through implementation and upgrades to ethics and compliance programs as well as response to government allegations of procurement fraud or misconduct. He can be reached at rarnholt@bassberry.com. www.HRProfessionalsMagazine.com

Rolling the Dice on Crypto

in Retirement Plans By JIM TRUJILLO

As a team of 401(k) advisors focused on participant outcomes, we are constantly fielding financial related questions from employees seeking advice. Lately, one of the main questions asked has been “what do you think about cryptocurrency?” My typical response is to hit them back with a reverse uno card and say, “tell me what you think about cryptocurrency,” because if you’re asking that question, you probably already have some thoughts. My rebuttal is not meant to be stubborn or funny, but rather a simple test. Is your question coming from the hype you’ve heard from your cousin’s, sister in-law who had their gym trainer tell her they made millions from trading bitcoin? My advice on those calls, as you can imagine, is short and sweet. But a good portion of the time, people already understand the major risks in crypto, and are simply interested in learning more. As educators, we prefer the latter. Instead of trying to throw a retirement savings lifeline saying, “I can save you! Just grab this well diversified, long term investment raft,” it’s more “here’s what you should know before you think about jumping into the crypto water.” And here is what we tell them…Cryptocurrency is a currency that is digital, encrypted and decentralized. This means it is held in code, on computers instead of in banks and there is no central body managing the value of it like our government does with the US Dollar. Off to a sketchy sounding start, right? But this way of holding currency is actually what makes it very difficult to hack and introduces us to the term blockchain. Have you ever played that story telling game where one person starts a story, then the next person retells that part then adds a little more to it, then the next person repeats it all back then adds their own part and so on and so on until someone messes up? Blockchain works in a similar way. Imagine every time there is a transaction of crypto, it is being coded or “added to the story.” Then, the next transaction is coded by repeating the whole story, and then adding their portion, and so on, and so on. In 36

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this case, every person holding that crypto is now part of the story and has their own running copy that is updated every time someone adds to it. So, as you can now imagine, it is incredibly difficult for hackers to go back and change the story without being told by millions of coin holders “nope that’s wrong and now you are out!” A lot of the time people are asking us about Crypto because they want us to make the recommendation to do it, but as a fiduciary, it’s impossible for us to recommend someone invest their hard earned retirement dollars into something so volatile, unregulated and mysterious. And the Department of Labor openly agrees as they have provided specific guidance on this subject in the recently published Compliance Assistance Release No. 2022-1. In the DOL’s guidance, they acknowledge the wave of enthusiasm around crypto and the potential for them to become investment options in 401(k) plans. However, as is sometimes the case with governmental guidance, the DOL has essentially left it up to your discretion to decide if it is a good option for your participants. The guidance asks fiduciaries of retirement plans to remember their main responsibility: act solely in the financial interests of plan participants and adhere to an exacting standard of professional care. In other words, be loyal to the people in the plan and make sure you are protecting them by always doing research and due diligence on everything that is offered. So what happens if you do decide this is a good option for your participants? Our take is that they will hit you with the “I’m not mad at you…just disappointed” type of vibe. But again, they are not wrong for making these suggestions. In our opinion, the DOL’s main concerns are completely valid, and if you’re considering offering crypto in your plan, they should be concerns of yours, as well. For example, as I write this article in May of 2022, Bitcoin has fallen over 50% since its high in November of 2021. It takes a serious steel stomach to be able to handle those types of swings. While that is an extreme variance, it is not uncommon for full percentage point swings to occur up or down very quickly in the crypto world.

And that is the DOLs first, and arguably most important, point for the persuasion against it: Speculative and Volatile Investments. As quoted in the guidance, “…extreme volatility can have a devastating impact on participants, especially those approaching retirement and those with substantial allocations to cryptocurrency.” Other major concerns from the DOL include: · The Challenge for Plan Participants to Make Informed Investment Decisions · Custodial and Recordkeeping Concerns · Valuation Concerns · Evolving Regulatory Environment The DOL guidance ends by setting the expectation that any retirement plans that offer cryptos could be subject to a newly created investigative program which aims to take action to protect the interest of participants. As a sign off, the last sentence is a daunting warning that any fiduciary allowing these investments should expect to be questioned. Nightmare fuel for fiduciaries because the last thing any of us want is to receive notice from the DOL on ANYTHING.

This news that dropped shortly after the DOL’s guidance on the matter, will allow employers the option to add it to their investment lineup. It will be interesting to see how this bold move by the country’s largest 401(k) provider will play out. Essentially, in a game of 401(k) investment option poker, the DOL said we are all-in and Fidelity called. How the river plays out is yet to be determined, but both sides appear to think they have the upper hand. Personally, I’m no gambler. At this point, these stakes are too high for me to even be sitting at that table. But the excitement of it all will continue to hit the headlines and spark interest in fiduciaries and participants alike. Because of this, it’s important to stay educated on movement in this area. Additionally, having a general understanding of the pros and cons is always a safe bet. For now though, as a fiduciary, all bets are off in adding crypto to your investment lineup.

You would think this guidance and warning would be enough to dissuade all fiduciaries and providers from even thinking about offering crypto. You would think…so it was a huge surprise to see the 800-pound gorilla in the recordkeeping world, Fidelity, make an announcement that they will offer Bitcoin as an available investment on their platform.

Jim Trujillo, CFP®, PPC®

Financial Advisor JimTrujillo@argi.net www.ARGI.net

HOW COMPETITIVE IS YOUR COMPANY'S RETIREMENT PLAN? Benchmarking can help you evaluate if your retirement plan’s services and fees are competitive with other plans, and help ensure you are attracting and retaining top talent. Make sure your plan is headed in the right direction with a free benchmark. Scan the QR code to get started! 866.568.9719 | WWW.ARGI.NET

Respective services provided by ARGI Investment Services, LLC, a Registered Investment Adviser, ARGI CPAs and Advisors, PLLC, ARGI Business Services, LLC, and Advisor Insurance Solutions, LLC. All are affiliates of ARGI Financial Group LLC. Trust services provided by ARGI Trust, a division of Advocacy Trust LLC.

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1 ELLA Conference Co-chairs (L-R) Patti Airoldi and Glenda Caton 2 Andy Jackson with Gallagher, Presenting Sponsor 3 (L-R) Tim Orellano, ARSHRM Professional Development Director; Randy Zook, 2022 Friend of the HR Profession recipient, President and CEO of the Arkansas State Chamber of Commerce and the Associated Industries of Arkansas; Donna Merriweather, ARSHRM State Council Director 4 (L-R) Victoria Lipnic, former commissioner of the EEOC, Eric M. Dunleavy, Ph.D., Vice President of the Employment and Litigation Services Division at DCI Consulting Group 5 & 6 Cara Butler and Nate Read with Mitchell Williams Law Fiirm 7 Employment Law Jeopardy Panel — Hot Legal Topics (L-R) Cindy Kolb is with Cross, Gunter, Witherspoon & Galchus; Alec is with Steel Wright Gray, PLLC; Michael Moore is with Friday, Eldredge & Clark; and Daveante Jones is with Wright Lindsey Jennings. 8 2022 ARSHRM ELLA Committee 9 Sam Roberts, Senior Counsel at Walmart, Inc., spoke on “How to Lobby.” 10 Andrew Malahowski, J.D., Area SVP, Compliance, at Gallagher’s Benefits & HR Consulting 11 H. Wayne Young, Partner at Friday, Eldredge & Clark, LLP, presented a COVID-19 Legal Update. 12 Bill Cash with the EEOC presented “Pay Equity Best Practices,” and Glenda Caton, ARSHRM ELLA Co-Chair 13 Janie Warner, VP/HR Practice Leader with McGriff 38

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How do we emerge successfully from the Great Resignation?

We Build Resilient Teams.

Don’t miss your chance to prepare for the challenges of tomorrow with SHRM’s newest senior leadership program By PEDEN GRAY, JENNIFER KEISTER, LIZ LACEY, and DAVID LIVINGSTON

The Great Resignation isn’t slowing down. In fact, evidence suggests that every departure spurs remaining employees to increasingly consider a change. How do we respond to this trend? How do we build teams that absorb stress, recover critical functionality, and thrive in new circumstances? Most organizations have offered more compensation as the solution: 85% gave pay increases in 2021, and 92% plan to give pay increases in 2022. It’s not working. Over roughly the same period, resignations have remained constant at 3-4 million per month. While many employees admit compensation is a prominent component of their employment considerations, it is not the whole story. The pandemic has exacerbated extant fragilities. Nearly 2/3 of workers say that the pandemic caused them to reflect on their purpose in life; a purpose at least in part derived from their employment. Those driven to actively seek new jobs cite similarly non-pecuniary interests in improved work/life balance, a career change, and advancement opportunities. The Great Resignation is at a scale that reflects the impact of a convergence of factors, and those factors have undeniably shifted the landscape and expectations of work. The millions of participants in the Great Resignation have cast their vote for change and even by SHRM’s latest count nearly 41% of employees are still actively seeking a new job. The hunger for something to change persists because we have not addressed the root

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of the trend – we have not built teams that engage employees and that are resilient to the levels of change and stress we have demanded they consistently navigate. The pandemic experience was the “final straw” in a failed approach. We are working from an antiquated approach to teaming. The modern team requires resilience as a part of its DNA and we’re here to explore how you can enhance your teams to be resistant to and resilient in the presence of larger environmental pressures like – but not exclusive to - the Great Resignation. The building blocks of resilient teams—stability, connection, and agility— offer leaders a blueprint for success.

STABILITY The foundational element of a resilient team is stability. Resilient teams are clear on who they are, what they do, and why they do it. Such teams provide this meaning to members and reinforce it regularly in recognition of the fact that individual employee experience inevitably ebbs and flows, especially in a larger market environment like the one we’re currently navigating. In times of stress and crisis, identity within our teams and a line of sight to our value can become blurred and even distorted. Wise leaders recognize this existential risk and proactively reinforce a team’s common purpose to cultivate ongoing engagement and guide decision-making. Individuals have and retain their sense of purpose when it is clearly and consistently reflected in the content of their days. Beyond an inspiring vision and compelling mission articulated on a regular cadence, providing stability means that leaders must also reveal the inner workings of their decision-making, making it clear to the team how the common purpose informed their actions. This not only imbues trust, but it also preserves common purpose as the team’s North Star. Communication is central to building stability, and leaders must focus on both language and approach as key drivers. For example, when evaluating decisionmaking with teams, encouragement, support, and coaching will breed confi-

dence and openness. Second-guessing and “this is how I would have done that differently” interventions will erode or eliminate gains leaders would have made in building resilient teams.

CONNECTION Even the best of us have moments of disengagement. Individuals that are a part of resilient teams overcome those moments through the strength of the group— leaning and relying upon their teammates. To harness that strength, successful teams must be tightly connected both functionally and emotionally. The ecosystem of a team must be able to recognize its makeup and have systems and processes that enable information and resources to rapidly flow to the point of need. Connection thrives when teams have the necessary information to make good decisions in a timely manner. Resilient teams navigate today’s information overload, recognizing what information is truly important (and what is not), and establishing systems and processes that convey that information to those who need it, and when they need it. These teams also establish norms to provide that information with relevant context—to then transform that information into useful, actionable knowledge.

AGILITY Resilient teams promote a bias for action, proactively shaping the environment and positioning themselves to effectively respond. These teams are grounded in realism: they know that they will inevitably make mistakes, but these mistakes can produce powerful insights if they are leveraged effectively. The key is to mitigate the negative impact of the mistakes, share vital lessons learned, and then pivot the team appropriately to stay ahead of the competition. Resilient teams can function as a cohesive unit because, even in the most chaotic situations, they have clear expectations and a shared understanding of what needs to be done. By operating off the same playbook, the team can act in a coordinated fashion even in dynamic situations. Resilient teams operate by a set of simple rules (a playbook) that make decision-making quicker, easier, and more consistent. Simple rules are powerful weapons to combat the complexity that threatens to overwhelm individuals and teams. Two particularly important types of simple rules that are regularly employed by resilient teams are boundary rules and prioritizing rules. Boundary rules limit the number of options someone has based on pre-determined criteria. One such boundary rule is employed by climbers on Mount Everest. The rule is clear – if you aren’t at the summit by 2:00 p.m., you must return to camp. This is not an official rule or law, but it serves as a useful guideline to stop overly ambitious climbers from getting caught out and exposed on the mountain after the sun goes down. Prioritizing rules, on the other hand, clearly convey the order of importance when there is a time or resource constraint. They ensure the most important actions are taken in priority order. During the hellacious fire that consumed the Notre Dame cathedral in 2019, the local fire chief quickly employed a prioritizing rule to coordinate and align his firefighters. He simply said, “People first. Art second. Furniture third. Structure last.” This simple guideline enabled his team to make quick decisions in the midst of the fiery chaos. In times of upheaval and uncertainty, a culture of resilience is even more attractive. Skilled talent is drawn to high-performing teams that have meaningful work and function with a high baseline of trust and transparency. General Stan McChrystal (Ret.), CEO of McChrystal Group knows first-hand the importance of building resilient teams: “Without question, the Great Resignation and more unforeseen disruptions, unexpected issues, and unprecedented challenges will greet us. Some teams will fail. Other teams will hunker down and merely survive. But some teams will take the necessary steps to engineer true resilience-- absorbing the hits, redirecting the force to bounce higher in the end--and ultimately come out on top.”

While sharing the right information is vital for building connection, it’s just as important to focus on the frequency of your messages. Every team has an operating rhythm – the habitual cadence in which the team meets, shares information, and disperses to get work done – but most of these rhythms happen by accident. Resilient teams actively fight this pull toward passive adherence. They keep a pulse on their operating rhythm and routinely finetune the cadence to match the speed of the environment.

McChrystal Group and SHRM are proud to partner to launch the Inspiring Resilient Teams program in a 4-week live online program, beginning October 24 To find out more, click here.

Peden Gray works in talent acquisition and development at McChrystal Group. Jennifer Keister is a senior principal at McChrystal Group. Liz Lacey is SHRM’s director of education programs. David Livingston is the managing partner at McChrystal Group Academy.

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Monday, May 2

Wednesday, May 4 Highlights from 2022 ALSHRM Conference & Expo

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Talent Acquisition & Retention

Sheraton Birmingham Hotel, May 2- 4

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June 2022 HR Professionals Magazine

Articles inside

Rolling the Dice on Crypto in Retirement Plans

SHRM Gold Standard for Professionals Development

Highlights from the 25th Annual Mississippi Human Resource Conference &

Athens State University Online HR Management Degrees

SHRM Inclusion 2022

Get Your Copy of RESET by Johnny C. Taylor, Jr.

New from HRCI Introducing the Human Resource Standards Institute

Baby Boomers at Work May Ease Labor Shortages

HR’s Role When Lives are at Stake

Manager in the Middle

6th Installment of RESET by SHRM President and CEO, Johnny C. Taylor, Jr.

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