May24 Digital Issue of HR Professionals Magazine

Neva Burke Hawes

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April was an exciting month for us! We covered some of the top conferences, bringing you highlights from the 2024 ARSHRM ELLA Conference and the 2024 SHRM-Memphis Legal Conference. We are thrilled to announce our firstever coverage of the 2024 Louisiana SHRM Conference in Lafayette. In the past, conflicts with dates made it impossible to attend, but we were there this year and brought you live coverage on Facebook and LinkedIn! If you missed our live interviews, please "Like" us on Facebook and connect with me on LinkedIn to stay up-to-date on our future events.

It's an honor to present Neva Burke Hawes on our May cover. Neva is the Director of HR for Blue Oval SK, a joint venture between Ford and South Korea, responsible for manufacturing Ford EV trucks across East Kentucky and Tennessee. Don't miss the chance to meet Neva in person as she delivers the keynote speech at our 5th Annual Super visor and Manager Conference at the University of Memphis Holiday Inn May 21. Join us at the conference and learn from one of the industry's most influential HR leaders!

Join us for an exciting month of May! We are thrilled to kick things off with the 15th Annual West Tennessee Human Resources & Employment Law Spring Conference on May 8 at the Union University Carl Grant Event Center in Jackson. This event is in coordination with our friends at the law firm of Rainey, Kizer, Reviere & Bell, P.L.C.

Following this, we will be joining our SHRM friends in Alabama May 13-15 for the 2024 Alabama SHRM Conference at Perdido Bay. Don't forget to meet the 2024 Alabama SHRM State Council on Page 13! Lastly, we hope you will join us for our 5th Annual Supervisor and Manager Conference on May 21 at the University of Memphis Holiday Inn! We will have highlights from these excellent conferences in our June issue, so be sure to pick up a copy. Don’t forget to register for SHRM24 in Chicago June 23-25. Get the link from our back cover!

Attending any of these conferences? Make sure to stop by and say hello! We can't wait to see you there.

May is Mental Health Awareness month, and both SafeHaven Security Group and HRCI have contributed excellent articles on mental health in the workplace. JER HR Group has provided an article on another hot topic, “The 7 Characteristics of Highly Effective Sales Compensation Plans.” DailyPay contributed an article on “Earned Wage Access.” There are many more timely articles in our May issue that you don’t want to miss!

Neva Burke Hawes

Director of HR, Blue Oval SK

Neva Burke recently married and now Neva Burke Hawes is the Senior Director of Human Resources at the BlueOval SK side of the mega site Blue Oval City. At the mega site, employees will build electric batteries to support electrification of the transition from gas powered engines to electric battery powered engines. Neva is responsible for overseeing the creation and execution of all things Human Resources for the site in BlueOval SK site in Glendale, Tennessee and Glendale, Kentucky (site approx. one hour from Louisville, Kentucky). Neva oversees all aspects of human resources management, provides leadership strategies to the executive operating committees, and focuses on building the culture at BlueOval SK as the facilities continue to stand up in West Tennessee and Kentucky.

These sites combined at its peak will have over 6,000 employees and will have a full human resources department to support both Tennessee and Kentucky.

Neva started her career at New United Motors Manufacturing in 1989, a joint venture between Toyota and General Motors. This joint venture has been written in the history books as one of the most successful joint ventures of its kind in American History. At New United Motors she served as a Labor Relations Representative and after 5 years, transferred to Toyota Motor Manufacturing in Georgetown, Kentucky. After serving 2 years at Toyota, she continued her career at Ford Motor Company in Louisville Kentucky – Louisville Assembly Plant as an Employee Relations Specialist. After serving time in Louisville, she was promoted to Human Resources Generalist and moved to Detroit Michigan to work at the Ford Motor Company Headquarters to support the Ford Customer Service Division of Ford. During the time at Ford in Detroit, she worked with the Management Team on the 1999 Union Negotiations Team to service the 9 Parts Depots positioned throughout the United States.

Neva enjoyed her time working at Ford, but towards the end of the 1999 Labor Negotiations, she got a call from a local company, Thomas & Betts Corporation, in Memphis Tennessee which led to return home to West Tennessee.

The opportunity at Thomas & Betts (now owned by ABB) was Human Resources Manager and she continued to excel at her HR career for the next 16 years in various roles, utilizing and sharping her skills in labor negotiations, and becoming a Senior Director of Human Resources after a spinoff of her product line to Trinity Industries in Dallas, Texas. After accomplishing much in her career, she wanted to do more for the community, so she accepted a position at the LeMoyne Owen College, where she served as Executive Director of Human Resources for 18 months. After LeMoyne Owen College, she also worked as the Human Resources Leader for PMC Biogenix Chemical Company where she learned a different kind of business and acted as the Chief Spokesperson for their labor negotiations across the table from the United Steel Workers Union. She led them through a successful labor negotiation yielding their first ever, 4- year labor agreement.

Her most recent role, Vice President of Human Resources, prior to BlueOval SK came with the Edelbrock Group, two iconic brands –Competition Cams and Edelbrock. Neva led the merger of these companies from creating the HR function, moving a headquarter location from California to Olive Branch, MS, and closing plants, and transitioning two cultures into one distinct culture.

Through her roles, she became more adept at labor relations, understanding joint ventures, mergers, and acquisitions, specifically in the manufacturing world. She has immersed herself in many roles throughout her 35 years career and as she states it, “I took a lot of dirty jobs in my career”! Jobs that most people would not want or take the time to learn.

Believing that: “to whom much is given, much is required,” she managed to also give back to the on the community 17 years of leadership development of girls and she is proud of the development and execution of her outreach ministry, the Divas of Olive Branch Dance team, as seen on Lifetime TV show “Bring It” for 6 years of the 17 years that she had the business. With her outreach ministry, she used her leadership skills and dance ability to build a person relationship with girls, leading them ultimately to college and dancing in college. 

IN PARTNERSHIP WITH

5th Annual Supervisor and Manager Conference

Fogelman Women in Leadership Program and University of Memphis Department of Management

Co-Hosts

JUDY BELL, SHRM-CP, PHR, CPBA, CPVA

Judy Bell Consulting

LEEANN BAILES FOSTER

CEO of Team Foster HR Strategy

“Upskilling Your Leadership Competency” at The University of Memphis Holiday Inn

May 21, 2024

7:30 AM to 5:00 PM

Win 7 Nights @ Sandestin Golf and Beach Resort

Miramar Beach, Florida

Value = up to $3,000.00

Contact LeeAnn Foster at leeann@teamfosterhrstrategy.com to schedule.

NEVA BURKE HAWES

Keynote Speakers

“Update on Blue Oval City”

JANIE WARNER, SHRM-SCP VP National HR Practice Leader

CHRISTY SHOWALTER, JD, MBA

Sr. Employee Benefits Compliance Officer

“The 5 Love Languages at Work: Risks and Rewards of Tapping Into Employees’ Motivators”

BRAD FEDERMAN, CEO

PerformancePoint, LLC

“Upside Down World: A Leader’s Role in Times of Uncertainty and Change”

Continental Breakfast and Lunch included Networking Reception at 5 PM

Meet our speakers and get answers to your questions.

CYNTHIA Y. THOMPSON, MBA, SHRM-SCP, SPHR Editor | Publisher

DR. KATHY TUBERVILLE, SHRM-SCP, SPHR

Keynote Speaker

University of Memphis Associate Professor of the Management Department and Director of Fogelman Women in Leadership Programs

DR. DENEEN LESTER, SHRM-CP, PHR

Senior Manager-Executive HR Leader, Salvation Army

Talk Show Host – Let’s Talk HR with Dr. Deneen

DR. DERRIELL SPRINGFIELD, ED.D

Strategic Partnerships Manager, Southeast Region “Engaging Teams Post-COVID”

General Sessions Speakers

TAMMY HENRY VP of Client Success

JULIE HENDERSON Chief Revenue Officer

“Changes in Employment Verifications”

LUCINDA KENNING, MBA, SPHR

Founding Partner

“Future-Proofing Work: Unleashing HR’s Potential”

RODRICK D. HOLMES, ATTORNEY

Reifers Holmes & Peters, LLC “2024 Employment Law Update”

TIM KECK

Senior Consultant “Active Shooter”

TO REGISTER, GO TO

COST: $169. $159 FOR TEAMS OF 3 OR MORE. PRE-REGISTRATION IS REQUIRED

LIMITED SEATING AVAILABLE

Fostering a Skills-Based Talent Management Strategy

By TRACIE SHEPHERD and NANETTE SWARTHOUT

The summer I (Tracie) turned 16 years old, my dad had big plans for me. That was the summer I got my driver’s license and he decided I was going to learn to change a flat tire. It was hot, messy, heavy, stubborn work, and I was amazed to wake up to so many flat tires – on the car, the pickup truck, the riding lawn mower – what were the odds? Despite my teenage attitude, he was determined that by summer’s end, I’d have another life skill tucked under my belt. That’s the word we’re going to wrestle with today – skill.

According to merriam-webster.com, skill is defined as “the ability to use one’s knowledge effectively and readily in execution or performance; a learned power of doing something competently,” whereas upskilling focuses on the acquisition of “more advanced skills.” It’s interesting, and perhaps a little ironic, that for all the buzz about AI, organizational leaders have a renewed focus on their people – helping employees “build critical skills and competencies,” and leaders readily admit “need for critical skills has never been greater” (Build the Workforce You Need Post-COVID-19 (gartner.com)).

What caused such emphasis on and need for skills? Human resource management has undergone massive shifts in the last two decades. Such upheaval has been driven by numerous factors including global economic shifts, evolving customer demands, and technological advancements. The most recent compounding factors were economic recession (2007-2009) and the COVID-19 pandemic (20202023), which sparked urgent employee upskilling and reskilling, which, in turn, only fueled the approach toward a skills-based talentmanagement strategy.

Although training can fill some gaps, organizations are discovering that they can’t wait until someone is hired to acquire or develop necessary skills and competencies. This is one reason why numerous businesses are building strategic partnerships with higher ed institutions like Western Governors University to influence what skills and competencies are taught in certificate and degree programs.

In many industries, a skills approach to hiring, and subsequently learning and development, is about priority, or at the very least, emphasis. Traditional hiring prioritizes candidates’ degrees, certifications, references, experiential pathways, similar job titles, etc. Skillsbased hiring does not disregard those elements but rather prioritizes or emphasizes candidates’ enacted knowledge – their capabilities or skills, or what they can do with what they know

A 2023 Gloat article contrasts traditional versus skills-based hiring and unpacks at least three differences:

1. Decision factors – While hiring managers using traditional methods might make job-offer decisions based on experience or a preferred degree, those using skills-based practices allow the candidate’s skills to drive decision-making. While other factors may be secondary considerations, the ultimate deciding factor is skills.

2. Processes – Skills-based hiring requires that requisite skills are identified for each role or similar roles, and then as the selection process unfolds, candidates’ skillsets are evaluated to determine the best fit. Candidate scores on job-knowledge tests or skills assessments are highly weighted.

3. Internal and external candidates – Although externally recruited talent can offer fresh perspective and should remain an option, a skillsbased focus primarily considers internal talent. Those already inside the organizational family are likely to have strong multidimensional fit; in other words, they already align with the culture, have bought into the mission, live by the core values, understand work processes, and have acquired skills that make them valuable assets to leverage somewhere in the organization.

Now that we’ve talked about what skills-first hiring is, why should organizations bother with it? Is it really any better than traditional hiring models? If skills-first hiring is indeed better, then organizational leaders should expect to reap some benefits. Below are some strong possibilities suggested by future-of-work specialist Nicole Schreiber-Shearer:

1. Greater agility – Skills-driven organizations can advantageously shift more nimbly when change comes because continuous skill acquisition and refinement mean the workforce remains poised and ready.

2. Minimize silos and enhance productivity – Have you ever been in a turf war at work, disregarded a customer need because it was somebody else’s responsibility, or failed to get updated on information critical to your responsibilities? If so, these are some characteristics of work silos and productivity zappers. A skills-first approach is a mindset that automatically shares talent, competencies and insight across the organization. A skilled workforce moves fluidly, and collaboration of cross-functional teams is the natural practice.

3. Improved diversity, inclusion and employee engagement – A skillsbased approach focuses hiring efforts on what matters. It reduces the potential for bias and illegal discrimination since managers are less likely to be aware of, preoccupied with or swayed by factors unrelated to a job. Since candidates’ skills alone are the main driver of hiring decisions, representation from minority groups will likely increase. Logically, organizations want to fully capitalize on their employees’ skills for competitive advantage, and an inclusive work environment makes that possible. Engaged employees are grown over time by managers and leaders who create an environment where their people do what they’re good at doing! A skills-driven environment fosters engagement – rather than wielding a job description to arbitrarily limit employee potential, employees are encouraged to seek out opportunities across the organization in which to leverage their potential.

HR leaders eager to craft a talent-management strategy that employs a skills-based focus should start with the critical step of gaining an accurate and thorough grasp of what skills employees already have, need now, will need in the future, and where the gaps are.

Reconfigure the entire selection process so that skills are elevated above other considerations –greater than references, degrees or job titles – and then thoroughly evaluate candidate skillsets with valid and reliable assessments. It’s also imperative to invest in a talentmanagement system (TMS) suitable for your organization, industry, needs and budget, one that provides access to real-time workforce and internal skills data. Another key step is to build comprehensive as well as micro-training and development plans that drive aggressive and transferable skills growth for all employees.

Tracie Shepherd, Ph.D., SPHR, SHRM-SCP

Senior Faculty, School of Business Western Governors University tracie.shepherd@wgu.edu

Nanette Swarthout, MBA, SPHR, SHRM-SCP

Senior Faculty, School of Business Western Governors University nanette.swarthout@wgu.edu

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Welcome to Alabama SHRM’s

Welcome to Alabama SHRM’s

Welcome to Alabama SHRM’s

2024 Annual State Conference and Perdido Beach!

2024 Annual State Conference and Perdido Beach!

2024 Annual State Conference and Perdido Beach!

If this is your first Cme to aDend this conference, we extend a warm welcome to you and hope it is everything you expect. If you are a repeat aDendee, welcome back! I don’t have to tell you how valuable this conference is for gaining knowledge, networking, great food, and the beach!!

If this is your first Cme to aDend this conference, we extend a warm welcome to you and hope it is everything you expect. If you are a repeat aDendee, welcome back! I don’t have to tell you how valuable this conference is for gaining knowledge, networking, great food, and the beach!!

Be sure to visit our vendor booths there are some first-class exhibitors with some valuable and innovaCve tools that might be just what you’re looking for to make your job easier and your company stronger.

Be sure to visit our vendor booths there are some first-class exhibitors with some valuable and innovaCve tools that might be just what you’re looking for to make your job easier and your company stronger.

We have some outstanding speakers who will be speaking on a variety of topics such as mediaCon, benefits enrollment strategies, company culture, recruiCng, employee appreciaCon, HR metrics, employee engagement, and the hoDest topic that we’re all talking about: arCficial intelligence!

We have some outstanding speakers who will be speaking on a variety of topics such as mediaCon, benefits enrollment strategies, company culture, recruiCng, employee appreciaCon, HR metrics, employee engagement, and the hoDest topic that we’re all talking about: arCficial intelligence!

Please say thank you to the Conference CommiDee who has worked endlessly and Crelessly to make this event a sensaCon.

Please say thank you to the Conference CommiDee who has worked endlessly and Crelessly to make this event a sensaCon.

Please let us know if there is anything we can do to make your conference experience absolutely awesome. You will receive a survey asking for your opinion on the conference. Please respond; we can only get beDer if we hear from you!

Please let us know if there is anything we can do to make your conference experience absolutely awesome. You will receive a survey asking for your opinion on the conference. Please respond; we can only get beDer if we hear from you!

This is my last year as Director and I want to sincerely thank you for making it a memorable and magical term. I have personally and professionally grown and made lifelong friends along the way. My hope is that Alabama SHRM has grown as well.

This is my last year as Director and I want to sincerely thank you for making it a memorable and magical term. I have personally and professionally grown and made lifelong friends along the way. My hope is that Alabama SHRM has grown as well.

Enjoy the conference!

Enjoy the conference!

ALSHRM State Director

ALSHRM State Director

Yvonne Thomas, SHRM-CP DIRECTOR Chief Human Resources Officer SEA Wire & Cable yvonne.thomas@sea-wire.com

Mike Polis

IMMEDIATE PAST DIRECTOR VP, Human Resources Morris Group International mpolis@morrisgroup.co

Andrea Lewis DIRECTOR-ELECT President and Senior Consultant Human Capital Services (HCS) andrea@humancapitalservicesllc.com

Joshua Bracken BUSINESS MANAGER HR Business Partner Mazda North America jbracken@mazdausa.com

Paula Watkins, SPHR, SHRM-SCP STATE COUNCIL ADVISOR Technical Professionals Group VP Southeastern Operations paula_SPHR@yahoo.com

Caitlin Sampson, SHRM-SCP, PHR SECRETARY HR Manager TriVector Services Inc. caitlin.sampson@trivector.us

Marisa Dault DISTRICT DIRECTOR ADVISOR Westside Terrace & Rehab First Human Resources Director m.dault@yahoo.com

In what comes as no surprise to anyone, inflation continues to tick up with the Consumer Price Index (CPI) having risen 3.5% in March and 5.7% over the prior year. That comes on the heels of news that nearly half of Americans consider themselves “broke,” according to a MarketWatch guide.

American workers are facing unprecedented challenges to make ends meet. The ability to pay bills on time and avoid dreaded late fees is becoming a seemingly insurmountable hurdle, especially for millions of American hourly workers. The debt trap is real for so many and sadly, inescapable. According to a recent quarterly report on household debt and credit from the Fed, total household debt grew by $212 billion, rising to $17.5 trillion in the fourth quarter of 2023.

So where can workers turn for help?

A recent study by Transamerica Institute cited in a recent issue of Harvard Business Review notes that 77% of workers view financial wellness programs as an important benefit yet only 28% of employers offer them. For employers that are continuously challenged in retaining their top talent, offering meaningful, relevant financial wellness benefits that can have an immediate positive impact, can be a game-changer.

A study from Willis Tower Watson shows that 78% of employees said they’re more likely to stay with an employer because of their benefits program. So with high inflation and a fluctuating economy, a benefit that can help workers pay bills on time can be a win-win for both employer and employee.

One such benefit that has proven to be beneficial to both employer and employee is earned wage access (EWA). Offered by America’s forward-thinking employers, earned EWA provides employees with the choice and control over their pay and increased flexibility to manage their finances. With EWA, employees can access their earned wages before a scheduled payday, allowing them to take care of bills, save, spend, and invest on their own schedule.

EARNED WAGE ACCESS: A Win-Win for Employees and Employers Alike

By EDWARD ZAVAL and SHAY KUSHMAN

In fact, according to research from Arizent commissioned by DailyPay, nearly 7 in 10 users who previously paid late fees do this less often or stopped completely since they started using DailyPay. At the same time, 93% of employers say DailyPay, which comes at no cost to employers, provides a valuable addition to their suite of benefits. With DailyPay, employees have no-fee and lol-fee options to access their pay instantly or on the next business day.

Teleperformance, the leading global digital business services company serving many of the world’s best brands, saw a need for financial flexibility for their employees and financial literacy education. They also saw the value in leveraging EWA technology to get a leg up on the competition in delivering top talent.

Providing employees with access to their earned pay from day one, without having to wait for a scheduled payday, is empowering. For Teleperformance, the results were striking – having implemented DailyPay’s earned wage access solution in April 2021, over 69.8% of Teleperformance’s U.S.-based employees have enrolled in the financial wellness benefit, enabling pay transparency and flexibility.

The time is now to arm employees with the tools they need during uncertain economic times so they can avoid falling into the endless cycle of debt. One such tool can be as simple as leveraging innovations in payment technology to get money into employees’ hands when they need it most. Bills can be paid on time, debts can be settled, and your employees can avoid more expensive financial solutions to make ends meet.

Edward Zaval, Chief Customer Officer edward.zaval@dailypay.com www.dailypay.com

Shay Kushman, Vice President, Human Resources, and Teleperformance shay.kayman@dailypay.com

www.dailypay.com

Hard work pays off on the daily.

Get access to your pay when you want it.

Moments of the Heart

By DR. WILLIAM R. CARMICHAEL

INTRODUCTION

Not since Man’s Search for Meaning by Viktor Frankl, have I encountered a more positive and impactful testament. Moments of the Heart: Four Relationships Everyone Should Have to Live Wholeheartedly, by Dorice Horenstein begins with her thought of making her sister smile and feel good about the future when she was diagnosed with stage 3 breast cancer in 2014. As she was fighting for her life in Israel, Horenstein wondered how to cheer her up living 10,000 miles away in Portland, Oregon. Horenstein decided to post positive Facebook video messages every Saturday night, all connected to Jewish thought based on her education and profession. Fast-forward several years and these experiences have been transformed so that others can grow and develop in their knowledge, and spirituality, and improve their relationship with others.

WHAT IS THE BOOK ABOUT?

Moments of the Heart is a thought-provoking and insightful book that takes readers into the world of Jewish thinking and experiences that have been accumulated over a long period and under all kinds of situations. Though based on Jewish values and insights, the book throws light on the universal human problems that everyone faces in life. This book is all about the heart; collective hearts and individual hearts, and the role of the heart in how life is viewed and how relationships are built. Please understand that as a Christian, I was at first nervous about providing any type of literary review but I felt challenged at the same time. What I found though, is a work of inspiration that will motivate readers of any faith. An encouragement to delve into their selves and strengthen their key relationships. To examine their deep and complex feelings.

To say that Moments of the Heart is a profoundly inspiring work is an understatement. Here, the author encourages readers to become the best version of themselves. To open their minds to the right thoughts and actions. The strategies and techniques Horenstein delivers are also a good way for readers to find their personal “Lev” or Heart Moment in all aspects of their lives. For example, after each chapter’s entry, simple yet subtle questions are placed before the reader to elicit thoughtful consideration.

WHERE ARE YOU GOING?

The above header raises an interesting question yet provides a perfect example of someone’s “Lev Moment.” In Chapter/Chamber Two: Where Are You Going?, the author asks “What is a conscience?” Simply, “it is that inner voice or feeling telling us the direction of where we want to go, i.e., the difference between right and wrong.” What at first appears remarkably simple, is surprisingly complex given the Hebrew vernacular. The intent, however, is one all readers will immediately understand and be able to apply.

Throughout, Horenstein weaves delicate Hebrew prose into life lessons and for one who does not understand Hebrew, this was initially frightening. But not for long. Here, the author’s intent was easily recognized and welcomed. So too are the concepts, that apply to everyone, as are the personal anecdotes and stories the author shares which make it interesting and engaging for readers. Approachable and inviting to both secular readers and all walks of faith who wish to cultivate a deeper ethical awareness and spiritual connection, Moments of the Heart serves to encourage everyone to live fully and wholeheartedly―heart, mind, and soul.

STRUCTURE AND LAYOUT

At 170+ pages in length, readers will find it comparable to a favorite daily devotional. Moments of the Heart consists of four chapters that represent the four chambers of the heart as well as the four different types of relationships that everyone experiences.

CHAMBER TITLE & RELATIONSHIP QUESTIONS FOR CONSIDERATION

One Relationship to Self

Two Relationships with Others

Three Relationship with God

Four Relationship with Israel and Jewish Life Events

How do we take care of ourselves? How do we guard our spirit so we remain kind and grateful?

How do you cultivate these relationships? Do we let technology interfere?

Do you believe there is a source of energy/influence/goodness that is beyond human interaction?

Have you visited Israel? How does it feel to see and hear anti-Semitic behaviors or actions?

The first chamber represents the relationship with self, the second chamber represents the relationship with others, the third chamber with God, and the fourth represents the events that define a person, like marriage, the birth of children, graduation, and other important events of life. Each chamber contains several entries introducing topics that stem from Jewish thought and practice that inspire readers to live their best lives, utilizing Hebrew knowledge, wisdom, and wordplay to dig deep, explore, and bring light to a concept.

CLOSING THOUGHTS

“This book is a beautiful balance between simplicity, wisdom, clarity, and joy. It touches the reader’s heart with humor and dare I say, love,” as the author’s Rabbi attests. Aspects of mystical Judaism along with inviting questions provide moments of reflection that slowly take the reader on a journey inward. What readers will find is a very personal journey they take with the author as well as the self-reflection that comes with it.

I opened this review with a brief comparison to Man’s Search for Meaning by Viktor Frankl. Not as an assessment of content but rather about the potential of the human spirit. Where Frankl’s tenet as a Nazi concentration camp survivor asserted that each person is a unique and irreplaceable human being whose existence is characterized by freedom of choice, personal responsibility, and a human spirit. In Moments of the Heart: Four Relationships Everyone Should Have to Live Wholeheartedly, Horenstein’s dramatic prose strikes a similar chord.

WHO WILL BENEFIT MOST FROM THIS BOOK?

Human Resource Professionals, Corporate Trainers, Management & Executives

About the author: Dorice Horenstein was born and raised in Israel and moved to Portland after serving in the Israel Defense Forces (IDF). She worked in education for more than 30 years, teaching more than 1,000 students in private and class settings. She received her Bachelor’s degree in English Literature with a certificate in Linguistics from Portland State University.

William Carmichael, Ed.D., CPTM Consultant wcarmichael@gmail

https://www.linkedin.com/in/wcarmchl/

The 7 Characteristics of Highly Effective Sales Compensation Plans

By CLIFFORD C. SANDSMARK

What makes a sales compensation plan different from other compensation strategies? What characteristics attract and retain sales talent, reward salespeople for winning and keeping customers, and control the cost of sales?

A Sales Compensation Plan is a special compensation structure designed to reward the sales professional for acquiring new customers, as well as retaining and growing current business. The plan is aligned with the organization’s strategic goals and its ‘go to market strategy’ to deliver products and services. These plans have a greater amount of variable pay or ‘pay at risk’ where higher pay is achievable for sales excellence when goals and quotas are exceeded.

Why Do You Need a Sales Compensation Plan?

Sales compensation strategies communicate to the sales rep where to focus their efforts to grow and maintain their book of business in alignment with the business plan. It is a comprehensive guide on how the sales rep can make money if they meet or exceed their goals. Reps need to view the plan as realistic, attainable, and will recognize and reward individuals whose results go beyond expectations.

How Do Sales Compensation Plans Work?

Sales compensation plans have a portion of pay at risk for Target Total Cash Compensation (TTCC). Good sales professionals have a high tolerance for risk and pay variations. They expect to meet their quotas, thus earning their TTCC. If the plan is well designed with the right mix of base pay, commissions, and bonuses, they recognize (and enjoy) the potential for a high income and accompanying rewards for above average performance.

These seven characteristics have risen to the top as key ingredients of an effective sales compensation plan designed to build sales and achieve organizational goals.

1. It is aligned with the Business Plan.

Sales Compensation is the Enabler of the Business Plan. The compensation plan is the caboose, not the engine. Good management should drive sales success, and the compensation plan should provide support in driving the right sales behaviors. Sales compensation should never be used in place of good management practices. Compensation issues are often symptoms of other problems, and it is the easiest, most tangible thing to look at if sales are not reaching their goals. Frequent challenge questions include: Do we have the right job designs? Do we have the right people? Is the compensation plan driving the right behaviors? Are the quotas obtainable, too easy, or too hard?

2.

It is simple to understand.

The mechanics of your Sales Comp Plan should fit on the back of a business card, or follow the ‘Elevator Speech’ method, meaning you should be able to describe your plan to another person while taking a short elevator ride. To

keep your sales rep focused on obtaining results, you should have no more than three measures that are totally influenced by the sales rep. This keeps the rep aligned on the primary elements that need to be obtained with the sale and to meet organizational goals. For example, a rep should not be measured on profitability if they have no control over the pricing and margin. If you have over three measures, it becomes a ‘vending machine’ plan, and the rep will choose those measures they can easily sell and ignore those that are most important for the organization.

3. Each distinct sales role has its own plan.

Sales reps who obtain new customers (‘Hunters’), and those who retain and grow current customers (‘Farmers’), should have different plans. Incentive Mix, the ratio of base pay and incentive, is used to reflect the degree of influence the sales rep has over the customer to make the buy decision. Closing a sale with a new customer requires more persuasion than upselling a current customer. Here the ‘Hunter’ role usually receives a 50/50 mix of Salary/Incentive that has the potential for more pay on the upside. A ‘Farmer’ who is responsible for retaining and cross selling current customers will have a mix of 70/30. This reflects a lower degree of influence for the sale thus a lower upside potential.

4. Quotas and goals are realistic and obtainable.

Quotas are a monthly or quarterly sales target, typically for revenue dollars or product volume. To set a realistic quota, look at the sales rep’s current and historical performance. What percentage of your reps hit their quota consistently? Less than 60 percent means the quota is too high – or too hard to obtain. On the other side, 100 percent quota attainment suggests your quota could be too easy. Try to identify the intersection where ambition meets the achievable. Fair and realistic quotas will drive business success and your keep reps motivated. Unfair and/or unrealistic quotas result in defeat and negativity, which feeds sales rep turnover.

5. Top performers are rewarded.

In addition to meeting quota, there should be an additional reward, or a higher upside, for those that exceed their goals. You should expect 60 to 75% of your sales reps to meet quotas. The top 10% who exceed their quotas should receive top pay. These are known as 2X or 3X plans – where the rep can make two to three times their Target Incentive –reps who exceed their quota and are in the 90th percentile in sales revenue.

6. It is clear how incentives are calculated and paid.

The sales rep should clearly understand the mechanics of the plan and how they can make money. A common tool is the ‘sales calculator’ which allows reps to see quickly and easily what their pay would be from their sales activity. Sales plan documentation should also clearly state at what point the commission is considered ‘earned’ and paid. This often varies from state to state. To stay in compliance, it is critical to track state regulations for the place of operation, especially when it comes to terminated sales reps and payout of earned incentives.

7. The plan is monitored and adjusted as the market changes.

Sales plan results and quotas should be monitored throughout the plan year. Should you amend the plan in the middle of a plan year? Best practice is “No Tweaking Allowed” on the current plan. If your plan is not working as designed, a complete strategic overhaul may be in order.

Designing an effective Sales Compensation Plan can make the difference between high retention rates and unhealthy turnover for sales reps, and has a direct, measurable impact on achieving organizational goals. Are these seven characteristics in your Sales Compensation Plan design?

EXECUTIVE COMPENSATION

STAFF COMPENSATION

PUBLIC SECTOR COMPENSATION

SALES COMPENSATION

Cliff Sandsmark

Sales

COMPENSATION PLAN DESIGN

CUSTOM COMPENSATION SURVEYS

INCENTIVE PLAN DESIGN PAY EQUITY ANALYSIS

JER HR Group’s compensation plans are powered by CompBldr® , an integrated, comprehensive job description creator, market pricing and compensation analysis tool that helps you get your pay right. CompBldr® is part of our Trainery™ HCM SaaS Solutions.

JobBldr™ is available as a standalone module to help companies easily create and manage job descriptions. Access 11,000+ customizable job descriptions, utilize side by side views to analyze comparable jobs, pay equity, and competencies. Confidently create and manage job descriptions in compliance with regulations and compensation analysis requirements.

Workplace Priorities: Mental Health Matters

By AMY SCHABACKER DUFRANE

As HR professionals, all of us aspire to create cultures of caring. Similarly, most employees are keen to do meaningful work that blends values, mission and opportunities. When workers are being asked to bring their “whole self” to work, employers need to be prepared to provide guidance and support for challenging issues – such as mental health – overflow into the workplace. Mental health matters to all of us, and whether directly or indirectly, few are exempt from its impact.

May is Mental Health Awareness Month. While I applaud this spotlight, what I want to call our dear readers’ attention to is Mental Health Action Day. May 16 has been set aside to shift from awareness to action. Powered by a growing coalition of more than 2,000 nonprofits, brands, government agencies and influential leaders from more than 32 countries, its purpose is to show how we can improve our mental health.

Before activating action programs, awareness deserves another look. According to the Centers for Disease Control and Prevention, nearly one in five U.S. adults aged 18 or older have reported symptoms of stress. Feeling overwhelmed and anxious can manifest physically as well, including heart disease, respiratory illness and other disorders. The costs for treating people with both mental health disorders and other physical conditions are two to three times higher than for those without co-occurring illnesses.

Poor mental health negatively impacts individuals, families, communities, and work. Job performance and productivity, employee engagement, and daily functioning diminish. Cognitive performance can be reduced by as much as 35 percent and other health risks can increase as negative coping tactics such as smoking, obesity or substance abuse proliferate. Even more extreme scenarios compromise workplace safety and suicide.

On an individual level, there are leave options covered by FMLA and sometimes chronic mental health conditions necessitate inpatient treatment, therapy or care giving that make it difficult to balance work and life. Reasonable accommodation – modifications to the person’s job – whether making assistive technology available or accommodating scheduling changes – can also ensure employees receive the support they need. A company’s Employee Assistance Programs (EAP) might offer confidential services; however, usage tends to be low. Clearly, more needs to be done and it starts with fostering the mental health and wellbeing of all employees.

On an organizational level, reducing stigma and promoting a mentalhealth friendly workplace can benefit everyone. HR’s role is not to diagnose; our objective is to help employees learn skills and get the support they need to improve their mental health. Providing educational guides, stress management workshops, and access to screenings, treatments and services are a few strategies that can be implemented in the workplace.

Recently, HRCI’s Alchemizing HR webinar series featured presenters on this topic from the Health Action Alliance (HAA). HAA is the country’s largest network of business leaders tackling the top and emerging risks to workforce health. I found their ideas for Mental Health Action Day particularly intriguing, easy to implement, and quite innovative. The overall goal is to offer learning, connection and opportunities in a manner that doesn’t create an undue burden on the workforce. Among their recommendations are:

• Create platforms or Slack channels where employees can connect beyond work to share interests, hobbies and personal milestones.

• Implement regular town hall meetings and provide opportunities for employees to voice their ideas and concerns.

• Offer Employee Resource Groups dedicated to supporting workers in need.

• Proactively break the silence by incentivizing the sharing of success

My decades in HR lead me to offer a few more actions that HR professionals can implement. Start by reviewing your employee benefit plans and make sure that aren’t creating barriers to behavioral health services. Provide managers with adequate conflict resolution training so as not to create friction inadvertently. Communicate the value of well-being frequently and correlate it with positive outcomes. Be gentle and respectful of those in need and make sure they have access to support services.

Employers play a vital role in the lives of their workers. HR professionals are the stewards of this responsibility and recognize the importance of positive, productive employee experiences. While May is Mental Health Awareness Month, every day needs to be Mental Health Action Day.

and

— HR Standards Institute,

is responsible for driving and disrupting the conversations about building high-performing, strategic HR teams. An engaging thought leader at the intersection of talent strategy and continuous learning, Dr. Dufrane is an award-winning leader and celebrated keynote speaker on the human side of successful business strategy in the 21st century.

Amy Schabacker Dufrane, Ed.D., SPHR, CAE, is CEO of HRCI® — HR Certification Institute, and is the founder

CEO of HRSI

where she

Key Features of an Effective Employee Mobile App

Companies considering deploying an employee mobile app to improve their company culture, communication and employee engagement should look for solutions that:

Function as the launching pad or “one-stop-shop” for all company resources

Act as the omni-channel source of all company news

Promote employee recognition, appreciation, and wellness

Deliver automated and targeted communications

Provide analytics

Function as the launching pad or “one-stop-shop” for all company resources such as payroll, ben admin and learning management systems; 401(k), FSA/ HSA and benefit carrier portals; and other programs such as telemedicine and disease management solutions. This reduces the number of apps employees must remember to use, and increases utilization of your company app. According to a 2021 study by Sapient Insights Group, the number of HR solutions the average organization uses is more than 16 1 .

Act as the omni-channel source of all company news. Workforce composition continues to shift towards generations accustomed to receiving communications on their phones via text, social media, and push notifications rather than email. According to data from Statista, 70% of Gen Zers regularly consume news via social media2. As a result, it is critical that the mobile app selected includes interactive features such as social media styled messaging boards to improve utilization. Choosing a solution that is omni-channel (computer, tablet, mobile phone, etc) is essential in making your app effective as the primary source of communication, regardless of employee demographics.

Promote employee recognition, appreciation, and wellness. According to a survey by StudyFinds, 63% of workers feel unappreciated, 46% have left a job because they felt unappreciated, and 65% admit they’d work harder if they felt appreciated on a daily basis3. Therefore, incorporating employee recognition and appreciation into your employee app is a critical aspect of improving employee morale and productivity. Additionally, apps with features such as wellness and healthy eating challenges provide ways to improve employee engagement and company culture.

Deliver automated and targeted communications. The ability to send messages to specific groups of employees helps prevent app fatigue and improves read rates. Automated messages that celebrate life events such as birthdays and anniversaries improve employee retention. According to a survey by Workhuman, 43% of employees are more likely to be highly engaged if their organization celebrates life events 4

Provide analytics. This feature is crucial in gauging the effectiveness of your communication strategy and facilitates the ability to make strategic adjustments.

Kisha Moliere

Vice President & National Practice Leader

Benefits Administration Technology McGriff

1 Human Resource Executive: HR tech Number of the Week: HR Systems overload https:// hrexecutive.com/hr-tech-number-of-the-week-hr-systems-overload/#:~:text=According%20 to%20a%20survey%20from,now%20deploys%2016.24%20HR%20solutions.&text=According%20to%20Sapient’s%202020%2D2021,and%208.85%20the%20year%20before

2 Frequency of using social media a source of news in the United States as of August 2022, by generation https://www.statista.com/statistics/1124159/us-generational-social-media-news/

3 Study Finds: Survey: 59% of people have NEVER had a boss who ‘truly appreciates’ their work https://studyfinds.org/workers-feel-underappreciated-by-boss/

4 WorkHuman:The Evolution of Work: FINDINGS FROM THE WORKHUMAN IQ SPRING 2023 INTERNATIONAL SURVEY REPORT https://assets.ctfassets.net/ hff6luki1ys4/5WE1Fbx3cU4Rg96CbIdqcw/3ec5c7e90e31b9f80af1ce6819884635/ the-evolution-of-work-report-the-value-of-an-employee-first-culture-emea.pdf

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By optimizing benefit plan selection, design, management, and employee engagement, McGriff MORE Insights can help turn your benefits program into a real differentiator that aligns with your organization’s culture and business objectives. Visit McGriff.com to learn more.

Cooper v. Dolgencorp, LLC: The Importance of Accurate Job Descriptions

By MATTHEW R. COURTNER

ost employers have written job descriptions. It is often easy for an employer to create a job description, sit it in a file, and only pull it out when needed during the hiring process. But employers should regularly audit job descriptions to ensure the job description is accurate and complete. The recent case of Cooper v. Dolgencorp, LLC, et al., 93 F.4th 360 (6th Cir. 2024), illustrates the importance of having up-to-date and accurate job descriptions.

In that case, Cameron Cooper (“Cooper”) had been diagnosed with Tourette Syndrome, which caused him to have involuntary muscle movement and sounds known as “tics.” One rare tic that Cooper had was coprolalia, which caused Cooper to involuntarily use profane language and make racial slurs.

In 2016, Coca-Cola Consolidated, Inc. (“CCCI”) hired Cooper as a delivery merchandiser. Although it knew about Cooper’s diagnosis and resulting tics when it hired him, CCCI apparently did not know the full extent of Cooper’s tics. According to CCCI, it had observed Cooper making a “whooping sound” and having “some head movements,” but his condition worsened throughout his employment. In contrast, Cooper claimed that his condition had “always” manifested by him using profanity and racial slurs, and thus, his condition did not change during his employment. However, Cooper admitted that “anxiety, stress, and anger” increased the occurrence of his tics.

As a delivery merchandiser, Cooper delivered orders to CCCI’s customers in northeast Tennessee. CCCI’s job description stated that delivery merchandisers “were responsible for delivering, merchandising, [and] maintaining company standards at customer locations.” According to the job description, this position included “filling shelves and coolers, stocking displays, rotating products, and removing out-of-date and damaged products.” The position required customer interaction. The job description specifically noted that the employee must “foster relationship[s] with account personnel and provide superior customer service to all accounts serviced.” And the job description noted “excellent customer service skills” as a required skill for the job.

In the fall of 2016, CCCI became aware of customer complaints about Cooper’s use of inappropriate and offensive language. According CCCI’s manager who handled customer Complaints, CCCI received “numerous and ongoing complaints” about Cooper’s use of inappropriate and offensive language while working at customers’ stores.

In September 2017, a manager of a Dollar General store submitted a formal complaint about Cooper’s offensive language. The manager reported observing Cooper “frequently and freely” use a racial slur when he was delivering CCCI’s products. Cooper had stated the offensive racial slur in the presence of Dollar General’s employees and customers. As a result, the manager had to remove Cooper from the presence of the employees and customers and then apologized to them.

Around the time of this complaint, CCCI’s director and HR official met with Cooper to discuss the progression of his tics. During that meeting, the director and HR official observed Cooper use racial slurs and profanity. Cooper then submitted a request for leave under the Family Medical Leave Act (“FMLA”). CCCI approved FMLA leave. While on FMLA leave, Cooper met with a new medical provider, met with a counselor, and received different medication. Cooper’s tics seemed to decrease, and Cooper returned to work.

In February 2018, Cooper had another incident at a Dollar General store in which he used offensive racial slurs. A co-worker was with Cooper during this incident. The co-worker reported that the Dollar General manager refused to work with Cooper during the delivery because of Cooper’s use of racial slurs. Although the co-worker explained Cooper’s condition to the manager, the manager said that Cooper’s language still upset her and that she did not want Cooper returning to her store alone. In response, CCCI modified Cooper’s route to allow him to service Dollar General stores with a co-worker.

After this incident, Cooper took a brief leave of absence during which he requested an accommodation of working in tandem with another driver while he took care of his “situation.” Before CCCI responded to Cooper’s requested accommodation, in August 2018, Cooper’s doctor released him to return to work with the restriction that he “be present with another driver.” Consequently, CCCI returned Cooper to work as a driver helper position, which had “very minimal” customer interaction since the delivery driver would handle the customer. However, the driver helper position was a seasonal position and, thus, not a permanent solution.

In October 2019, another customer made a complaint against Cooper. Although the complaint was unrelated to Cooper’s

condition, during its investigation, CCCI discovered that Cooper’s condition was “once again out of control,” as he was “repeating the ‘N-word’ over and over through his daily route and in the presence of customers.” CCCI then gave Cooper a choice of taking another leave of absence or transferring to a vacant warehouse position that involved no customer interaction. Cooper instead asked CCCI to place him on a delivery route that would not involve customer interaction. According to CCCI, there were no open non-customer routes. As such, in December 2019, Cooper took the warehouse position.

Cooper worked the warehouse position until April 2020 when he resigned to take another job as a delivery driver. Cooper then filed a lawsuit against CCCI asserting failure to accommodate under the Americans with Disabilities Act (“ADA”). The district court granted CCCI’s summary judgment motion, dismissing Cooper’s claim because Cooper could not perform the essential job function of providing “excellent customer service.” Cooper appealed to the Sixth Circuit.

In its analysis, and of importance here, the Sixth Circuit considered whether “excellent customer service” was an essential function of Cooper’s delivery merchandiser position. As the Sixth Circuit observed, the ADA directs that the “employer’s judgment” should be considered when determining essential job functions. 42 U.S.C. 12111(8) (2024). And an employer’s written job description constitutes “evidence of the essential functions of the job.” Id Consequently, the Sixth Circuit reviewed CCCI’s written job description. CCCI’s job description specifically stated “excellent customer service” as a required skill for Cooper’s position. Cooper did not dispute that excellent customer service was an essential function. Consequently, the Sixth Circuit concluded that “excellent customer service” was an essential function of

One of the takeaways from the Cooper case is that detailed and accurate written job descriptions are essential. Although it is often easier not to review and update job descriptions once prepared, this case illustrates the importance of having current and accurate job descriptions. In Cooper, the simple job requirement of “excellent customer service,” a skill that could easily have been overlooked since it could be seen as ubiquitous, helped establish it as an essential function of the Cooper’s job. Having this job requirement on its written job description helped CCCI persuade the district court and Sixth Circuit that Cooper could not perform the essential functions of his job, and thus, defeat Cooper’s ADA claim.

Employers should set a schedule to examine and update job descriptions on a regular basis. In doing so, employers should review the job description with the employees who are currently performing the job to ensure that the job description accurately states the job duties and skill requirements. Having detailed and accurate written job descriptions may help you defeat an ADA claim in the future just as in the Cooper case!

Matthew R. Courtner, Attorney at Law mcourtner@raineykizer.com

Rainey Kizer Reviere & Bell PLC

THE STRENGTH OF EXPERIENCE

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

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

To learn how we can assist your organization, please contact us at 731.423.2414.

HIGHLIGHTS FROM

4

5

1 Holley Little, 2024 Director of ARSHRM, welcomes attendees to ELLA 2024 in Little Rock. 2 Rickie Smith, Chair of 2024 ARSHRM ELLA Conference 3 (L-R) Justin Spencer and Dewey Hopkins with McGriff.

Stuart Jackson, attorney with Wright Lindsey Jennings, is the recipient of the 2024 Russell Gunter Legislative Advocacy Award presented by Tara Mauk Arthur, ARSHRM Communications and Awards Director.

Nick Polk and Erik Mitchell with TPC Payroll 6 Tim Orellano, PHR, Governmental Affairs Director, presents the ARSHRM Friend of the HR Profession Award to William Cash, Director of the EEOC Little Rock office. 7 Attendees enjoyed the 2024 ARSHRM ELLA Conference, which sold out.

Butler and Abtin Mehdizadegan led a mock EEOC internal investigation.

Claire Rhodes with Arkansas Blue Cross Blue Shield. 10 Andrew Malahowski with Gallagher, presenting sponsor, spoke on employee benefits.

lators led a general session.

Jones,

Jasmine Richardson with Friday Eldredge Clark, Tara Mauk Arthur with SFLIC, and Calvin Colbert with Challenger, Gray & Christmas, Inc.

Three Cornerstones of Secure Mental Health Related to Violent Behavior

By RYAN RANA, PHD.

“Is she sleeping?” “Is he isolating?” In one of my early work experiences at a psychiatric hospital, these are the questions our renowned psychiatrist would always ask our therapy team regarding a patient who was having great difficulty. These questions would be asked of us regardless of the exact symptomology the patient was exhibiting. A helpful third question would have been, “Where are they on their grief and trauma processing work?”

There are many divergent and competing views of how to understand human behavior, “mental health,” and how it applies to violence. This small discussion won’t solve those ultimately unsolvable debates. At times, though, we may be at risk of overthinking things and missing some foundational and obvious mental health aspects that are right in front of us. The three foundations discussed in this article are sleep disturbance, co-regulating relational connections, and grief/trauma.

Illegal violence is always a mental health issue and likely has an association with all three of these foundations (among others). While there are hundreds of theories of what goes wrong in mental health (particularly to create violence), ironically it could be argued that it is a lack of safety itself that cyclically creates such a lack of safety. At the brain’s most basic and highest prioritized level is one’s own safety and survival instincts. Unsafe people feel unsafe. Threats to safety can include threats of survival, physical injury, threats to emotional security, threats to one’s sense of worth and belonging, relational threats, etc. When one or all of these are threatened, the body utilizes neurological, “upregulation.” This “upregulation” is the body gathering as much energy as possible for tasks like fight, flight, fix, freeze, fawn, or fold. Sadly, and ironically, perpetrators of violence are almost always stuck in their own, “upregulated,” fight phase of experience. This is noticeable in statements to the police and phrases seen in statement analysis where the source of the violence often lists self as actually the victim in justifying a violent act. While to the observer, such a claim seems ridiculous and disturbing (and it

is), from a mental health lens it makes a space to better understand the pathway one takes toward violence which may inform protectors on how to identify and impede the harmful results.

Sleep and Mental Health

An often unseen contributor to violence, and any other damaging behavior, is significant sleep disturbance. Put simply, the body must turn itself off and reset itself physically and hormonally to have any semblance of mental health stability. Perpetrators (and generally people having significant manifestations of mental health problems) often have very significant patterns of sleep disturbance. Like the chicken or the egg debate, significant sleep disturbance is both a result of and a cause of being stuck in a “upregulated,” state. While obvious, it is important to note that from a hormonal, psychological, and even a survival level, humans can’t survive, thrive, or even think/act like themselves without order in life, including adequate sleep. Studying sleep opens a huge treasure trove of understanding human behavior – more than can be addressed in this article. We know human circadian rhythms go a long way in understanding how the body experiences cortisol (stress hormone), testosterone, adrenaline, and even human growth hormone. While certainly, most people who have sleep disturbance issues do not commit violence, people who do typically have pervasive life chaos and sleep disturbance is often present; therefore, sleep disturbance may be considered a key factor to consider when evaluating someone’s propensity toward or away from violence. Evaluators should make an effort to find out what patterns exist in this area.

The Lone Wolf and Co-Regulation

Co-regulation is the place where mental health problems heal. Mammals are meant to live, thrive, and recover from threat/pain in their “herd.” Human, mammalian brain structure most wants to survive, and does so, by connecting in effective dependence with others (as opposed to ineffective, anxious, or “co-dependent” ways of being). Put simply, co-regulation is the practice of one sharing a vulnerable or painful experience from within self and then receiving a response from a caring

other. Dennis Proffitt’s research at the University of Virginia found that the human brain uses six times more blood glucose to face a challenge alone than when done with another. In investigations following a mass shooting type of incident, it is often reported that the perpetrator was a “lone wolf.” From a mental health standpoint, this is an incredibly obvious statement in that only lonely people do such things. At the risk of exaggerating the point, you will likely never hear of a human who lives in a co-regulating relationship(s) conducting violent forms of cruelty; such cruelty requires a lost, broken person who lacks the ability to regulate self and who has limited (if ever) experience of co-regulation with others. When evaluating someone’s potential likelihood of violent threat, a lens into his/her current level and history of isolation should be considered.

Grief and Trauma

Most violent offenders were once the victims of someone else’s violence or, at a minimum, suffered exposure to violence. Like a personal computer, much of human behavior operates from memory. That is, all people have experienced events (now memories) involving loss or hurt and these experiences often drastically impact how people experience and behave toward others. As discussed in hundreds of research articles and the famous book, The Body Keeps the Score (van der Kolk, 2014), human trauma history lives on within the body. This is partly because the survival-focused portion of the brain, called the limbic system, is to some degree, continually in the process of preparing for reoccurrence and therefore continually adapting to those memories. When such processing of trauma memories in a therapeutic environment is moving

forward (becoming more organized granular and clear, healthily grieving, etc.) humans can grow and become stronger (eustress) having survived and learned from such painful experiences. However (and much more commonly practiced), when humans enter patterns of continually avoiding these memories altogether in order to not feel the pain within them, the body often develops maladaptive behavioral patterns (distress). This unfortunately lays the foundation for a host of many mental health problems, and in unfortunate cases, often repeats the trauma in simply a different location which may involve violence. Engaging and healthily grieving one’s story of hurt and loss is considered a cornerstone of mental health for all people and significantly decreases the likelihood of participating in illegal violence.

While there is much more to the mental health of violence, these three foundational aspects of life are important to understand the sources of and potentially predict violent behavior. At SafeHaven Security Group, the experts teach many other effective early warning systems that allow you to recognize and prevent acts of violence. You can call or email for a free assessment or to learn more about the training programs.

PhD. Consulting Psychologist, SafeHaven Security Group

Ryan Rana,

Employee Leave for Voting

Employee Leave for Voting

Employee Leave for Voting

As election time approaches, employers can prepare for employees to request time of f to vote. Although federal law does not require employers to provide employees with time of f for voting, legal obligations may vary by localit y

As election time approaches, employers can prepare for employees to request time of f to vote. Although federal law does not require employers to provide employees with time of f for voting, legal obligations may vary by localit y

As election time approaches, employers can prepare for employees to request time of f to vote. Although federal law does not require employers to provide employees with time of f for voting, legal obligations may vary by localit y

As of Oct. 16, 2023, 29 states and the District of Columbia required employers to provide time of f for employees to vote in general elections.

As of Oct. 16, 2023, 29 states and the District of Columbia required employers to provide time of f for employees to vote in general elections.

As of Oct. 16, 2023, 29 states and the District of Columbia required employers to provide time of f for employees to vote in general elections.

Locations that mandate providing time of f for voting (paid or unpaid)

Locations that mandate providing time of f for voting (paid or unpaid)

Locations that mandate providing time of f for voting (paid or unpaid)

Locations that don ’t mandate providing any time of f to vote

Locations that don ’t mandate providing any time of f to vote

Locations that don ’t mandate providing any time of f to vote

Alabama

Alaska

Arizona

Arkansas California

Colorado Connecticut

District of Columbia

Georgia

Illinois

Alabama Alaska Arizona Arkansas California Colorado Connecticut District of Columbia Georgia Illinois Iowa Kansas Kentucky Mar yland

Iowa

Kansas

Kentucky

Mar yland

Massachuset ts

Minnesota

Minnesota

Missouri

Missouri

Nebraska

Nebraska

Nevada

Nevada

New Mexico

New

New York

Ohio

Oklahoma

Massachuset ts Minnesota Missouri Nebraska Nevada New Mexico New York Ohio Oklahoma South Dakota Tennessee Texas Utah West Virginia Wyoming Wisconsin

South Dakota

Voting Resources:

Wyoming

Wisconsin

Delaware Florida Hawaii Idaho Indiana Louisiana Maine Michigan Mississippi Montana New Hampshire New Jersey Nor th Carolina Nor th Dakota Oregon Pennsylvania Rhode Island South Carolina Vermont Virginia Washington

Pennsylvania

Rhode Island

Specific requirements may var y by state , but many of these voting leave laws address the following:

• If employee leave must be paid

• If there is a notice requirement for employers

Specific requirements may var y by state , but many of these voting leave laws address the following:

Specific requirements may var y by state , but many of these voting leave laws address the following:

• If employers can designate the hours during which employees may be absent to vote

• If employee leave must be paid

• If employee leave must be paid

• If there is a notice requirement for employers

• If there is a notice requirement for employers

Voting and Elections in the United States Find answers to common questions about voting in the United States. U.S. Election Assistance Commission

https://www.usa.gov/voting-and-elections

• If employers can designate the hours during which employees may be absent to vote

• If employers can designate the hours during which employees may be absent to vote

https://www.eac.gov/

Employers should familiarize themselves with voting leave laws that apply to them and be prepared to comply with state and local requirements.

JUNE 6, 2024

JUNE 6, 2024

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Civility in the Workplace – HR’s Role

By BRENDAN M. WALSH

“The topic of political discussions in the workplace would actually be about freedom of speech in the workplace; the difference between government employees and private employees.”

It is an all too familiar occurrence for employers and managers to find themselves in scenarios where the topics of employee discussion are less-than-peaceful, or at the very least, far from universally agreed upon. These contentious topics include politics, faith, drama, the company itself, each other, etc. When these arise, they have various effects on work performance, employee morale, and the overall environment of the workplace.

Those in positions of leadership, management, and human resources, often find themselves in a perplexing position, left to determine whether to attempt to subdue discussion that is not the biproduct of unanimity, or to allow the discussions to continue, to allow the free expression of their employees. This leaves employers with necessary questions about how to maintain civility – and productivity – in the workplace. When these questions arise, the First Amendment will undoubtedly come into play.

The First Amendment states as follows: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peacefully to assemble, and to petition the Government for a redress of grievances.”

The determination of whether employees’ speech is protected under the First Amendment depends on whether the employee is a private employee or a government employee. In fact, the First Amendment does not apply at all to the former category. The First Amendment operates only to protect individuals from their Federal Government, not from actions against them by the private sector. Nongovernmental employers are private actors for purposes of the First Amendment, so their employees are afforded no protections by the First Amendment regarding their speech. Those employees would have to look elsewhere for protection, such as those afforded under the National Labor Relations Act regarding terms and conditions of employment, etc.

That is the extent of protection under the First Amendment for private employees – essentially, zero. This is due to the fact, again, that the First Amendment applies only to restrict the power of the government, not private actors.

Governmental employers and employees face an entirely different set of expectations and standards. In that situation, limited protections are afforded to employees under the First Amendment. The United States Supreme Court in Pickering v. Board of Education opined that the law must be applied to “arrive at a balance between the interests of the [employee], as a citizen, in commenting upon matters of public

concern and the interests of the State, as an employer, in promoting the efficiency of the public services it performs through its employees.”

At the most basic level, if an employee is speaking (1) as a private citizen (not in their professional role); (2) about a matter of public concern; and (3) the speech does not interfere with the job, or harm the company, the speech is generally protected.

HR professionals should look closely at what the facts of the issue are. Is the employee speaking as an individual, or in the scope of their employment? For example, if the government employes a media representative for all their major announcements and events, and that employee chooses to make remarks that the employer does not agree with, there is no First Amendment protection afforded. Because the employee is operating within their scope of employment, instead of as a private citizen, the interests of the employer outweigh the rights of the employee in that situation.

The next determination would be whether the speech is of “public concern.” If the speech is not of public concern – socially, politically, etc. – then it may not be protected. Under Connick v. Myers it was held that the issue of public concern must be balanced, and the “[employer’s] burden in justifying a particular discharge varies depending upon the nature of the employee’s expression” and its importance to the public. For HR professionals, this means that the content of the employee speech needs to be analyzed. Is the speech about something that is of public concern politically, socially, or otherwise? How much of a public concern is it at this time? The more the speech is related to public concern, the more protection it will be afforded.

Now, it should be noted that whether the employee intends to inform the public or attempts to do so is of no consequence. A comment made about an issue of public concern, regardless of whether the employee intends to inform the public, might still be protected when weighed against the interests of the employer.

Finally, employers need to determine whether the speech disrupts or interferes with the ability of the employee to do their job, or the ability for the employer to engage in effective, productive, efficient business. The reason for this is that in any dispute regarding First Amendment protection for government employees, the interests of – and the burden on – the employer, will undoubtedly be an issue. So, if an employer decides to limit speech, or discipline or terminate for speech, and a suit ensues, the employer will want to show that it had legitimate interests in limiting the speech. For HR professionals, this means determining how much this speech is harming the company, if at all. If it is not

damaging the reputation of the company, is not interfering with the productivity of the company, and is not causing serious issues among employees that impact their performance, then HR/employers should probably allow the speech.

That being said, if the company is suffering damage to its reputation, a decrease in productivity, and/or disruption among employees, they would likely have a convincing argument for taking actions to limit speech. Each different scenario must be considered.

Having considered all of this, HR professionals should first determine which category their employer/employees fall into, and always keep in mind the legitimate interests of the employer and employees. Managers must ask: is this a governmental place of business, with governmental employees, or is this the private sector, with private actors? If this is the private sector, then employees are afforded no protections under the First Amendment of the United States Constitution (but there may be employee morale or other considerations). On the contrary, if the employees are governmental employees, then the above factors must be considered.

Assuming the employees are governmental employees, HR professionals and managers should begin analyzing the above factors. Who is making the statement? Are they speaking in their official capacity, or as a private citizen? What are they speaking about? Is it a matter of public concern? How big of a matter of public concern is it? Are they disrupting day-to-day activities? Are they causing turmoil among themselves and other employees? Is the reputation of the business suffering? Is the productivity of the business suffering? These are all questions that should be asked before action is taken to limit speech

in the workplace or terminate/reprimand employees. Remember, employees that trust their employers, and feel free and safe at work, are usually better employees – but this does not mean that employers should allow an abuse of their good graces.

So, I will leave you with this: If the employer is in the private sector, its employees have no First Amendment right to free speech, and employers can limit/restrict speech, or terminate, it as they see fit (notwithstanding other laws, again, such as NLRA or whistleblowing protection). Employers would benefit from addressing this issue in the employee handbook. Be careful to avoid the danger of breaking other laws and/or opening the company up to retaliatory discharge claims. If the employer is a governmental employer, however, then the employees have a slightly limited right to free speech, and the preceding issues should be considered and applied to the specific case at hand.

Political and social topics of discussion will not cease to be a part of the workplace, and it would be naïve to assume that all employees will ever agree on every aspect of the volatile political world. Given this, HR professionals and managers should become familiar with the rights of the employees in their particular workplace in order to make informed, professional decisions when the time comes.

Brendan M. Walsh, Attorney at Law bwalsh@wimberlylawson.com

Wimberly Lawson Wright Daves & Jones PLLC www.wimberlylawson.com

HIGHLIGHTS

Stephanie Nakimuli Davis-Primer, attorney with Jeff Weintraub, attorney with Fisher Phillips, discussed Tanya Thompson, attorney with Littler, joined Jeff Weintraub in discussing “Traditional Labor and Recent

Cindy Ettingolf with Ettingoff Law Services, Kathy Tuberville, Chair of 2024 TNSHRM Conference, and Angie Davis, Kim Hodges, attorney with Ogletree Deakins;

Angie Davis, attorney with Baker Donelson; Jennifer Hagerman, attorney with Burch, Porter, & Johnson; and Dean Shauger, attorney with Baker

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How to Combat Hiring Fatigue While Filling Summer Positions

As the temperature rises, the pressure on HR professionals to fill summer positions does, too. This annual cycle poses challenges that can lead to hiring fatigue. Left unaddressed, “tiring hiring” can negatively affect recruitment quality and ultimately impact the organization’s summer operations.

Fortunately, proactively laying out a plan can combat this fatigue. Here are some quick tips for seasoned HR professionals to help manage the summer hiring season with ease and efficiency.

Embrace Technology

Nothing is more exhausting than clunky, manual processes that invite human errors. Leverage hiring technology such as:

• From posting job ads to managing candidate communications to organizing onboarding material, Applicant tracking systems (ATS) can streamline the recruitment process.

• Video interviewing software can save time, allowing for preliminary screenings without the need for candidates to travel.

• Background and drug screening technology can cut hiring time by days. For example, Data Facts’ Employment Pro instantly verifies employment and identity. Motor vehicle searches instantly return driving records. An on-site oral swab testing returns results in minutes, helping avoid long wait times that can happen with off-site testing.

Develop a Strategic Recruitment Plan

A strategic recruitment plan tailored for the summer hiring season can significantly reduce fatigue by providing a clear roadmap for success. Begin with the end in mind. Identify the number of positions, the timeline for hiring, and the skills and qualifications required. Also consider what worked (and what didn’t) last year. Use these insights to refine your approach. Engage hiring managers early in the process to clarify expectations and responsibilities to make the recruiting effort more targeted and efficient.

Leverage Social Media and Employer Branding

Your organization’s online presence is your billboard to the world, including potential summer hires. Used wisely, social media platforms are powerful recruitment channels that can garner lucrative results.

Showcase your company culture, highlight employee testimonials, and advertise summer positions.

Engaging content that showcases your organization’s involvement in community events, commitment to sustainability, or innovative projects can set you apart. Remember, people are drawn to stories and missions, not just job descriptions. By investing in your employer branding and leveraging social media, you widen and deepen your job candidate pool.

Consistently Cultivate a Talent Pool

A proactive approach to recruitment involves cultivating a talent pool long before the summer hiring season begins. Engage with potential candidates through social media, career fairs, and networking events. Establishing relationships with educational institutions can also provide a steady stream of candidates. This “all-year-long” strategy can significantly reduce the time and effort required to fill summer positions, as you will have a ready-made list of potential candidates to draw from.

Offer Competitive Packages

Don’t try to skimp on seasonal employee compensation packages or you’ll struggle to find the talent you need to fill your open roles. In the competitive summer job market, offering an attractive compensation package is crucial. Keep in mind this goes beyond what you’re paying per hour. Consider flexible working hours, remote work options, and opportunities for professional development. These benefits can make your organization stand out, attract top talent, and reduce the time spent on recruitment.

Streamline the Interview Process

An overly complicated or drawn-out interview process can cause unnecessary fatigue for both HR professionals and candidates. Streamline this process.

• Invest in mobile-friendly additions to your application process. If you and your applicants can communicate and sign documents via mobile device, it will cut down wait time (and fatigue) on both sides.

• Limit the number of interviews, and whenever possible, consolidate interviews into a single day.

• Utilize panel interviews to reduce repetition and time spent on individual meetings.

• Ensure that each stage of the interview process adds value and is necessary for decision-making.

Engage Your Current Workforce

Nobody knows better what it’s like to work at your organization than your current team. Implementing a referral program can motivate employees to recommend acquaintances, family members, neighbors, or former co-workers for summer positions. This approach reduces the effort required to source candidates and increases the likelihood of a cultural fit. Setting up an employee referral program can also enhance team dynamics and improve retention rates.

Prioritize Your Candidate Experience

A user-friendly, common-sense candidate experience can have a profound impact on your recruitment process. A positive experience enhances your employer brand, attracts more candidates, and reduces the need for extensive searches. Ensure clear communication throughout the process, provide swift feedback, and maintain a human touch despite using technology. A smooth, respectful recruitment process can leave a lasting positive impression, even on those not selected, who may consider your organization for future opportunities.

Filling Summer Positions Doesn’t Have to be an Exhausting Task

HR professionals shouldn’t dread summer hiring because they know they’re going to end up drained and dispirited. By embracing technology, engaging your current employees, thinking strategically, and focusing on the candidate experience, you can combat hiring fatigue and enhance the efficiency and effectiveness of your recruitment efforts. Ensure that your organization is well-prepared to thrive during the summer months by gearing up for the next hiring season.

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