Volume 9 : Issue 10
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Does the Civil Rights Act Cover Sexual Orientation and Gender Identity?
ALSHRM
Strategy in the Sand Conference in Orange Beach
Profiles of
Chambers USA Labor and Employment Law Attorneys
Layla Bonis,
SHRM-CP, PHR President of HR Tampa
Realizing the
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Only 67% of employees are satisfied with the benefits they receive from their employers www.HRProfessionalsMagazine.com Editor
Cynthia Y. Thompson, MBA, SHRM-SCP, SPHR Publisher
The Thompson HR Firm, LLC Art Direction
Park Avenue Design Contributing Writers
Liz Alton Austin Baker Bruce E. Buchanan William Carmichael Matt Ginn Stewart Gott Stuart Jackson Susan McCullah Bianca A. Meador Katie O’Neill Harry Osle Kevin Talbot Joseph R. Ward III Board of Advisors
Austin Baker Jonathan C. Hancock Ross Harris Diane M. Heyman, SPHR Terri Murphy Susan Nieman Robert Pipkin Ed Rains Michael R. Ryan, PhD 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. ©2019 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.
Features
4 note from the editor 5 Profile: Layla Bonis, SHRM-CP, PHR, President, HR Tampa 6 2019 Alabama SHRM Strategy in the Sand Agenda 23 Data Facts Acquires SIR 49 Book Look – Stop Talking and Start Influencing
Talent Management
8 PassionHR Consulting 12 3 Ways to Elevate Your Talent Management Strategy with Workforce Data 14 Attracting the Right Talent with Better Rewards 20 Realizing the HR Digital Advantage 22 How to Hire and Engage Remote Workers 31 APS Payroll & HR Solutions
Top Educational Programs for HR Professionals
13 WGU Bachelor’s or Master’s Degree Fully Aligned with SHRM’s HR Curriculum 39 Earn Your Master of Science in Human Resource Management at Roosevelt University 39 Register for Online SHRM Certification Exam Prep Class Beginning October 21
Employee Benefits
16 Be a Holiday Hero! 24 Driving the Future of Benefits 26 Compassion Fatigue: Beyond Burnout 29 Southeast Regional Compensation & Benefits Survey 48 GMEBC Meeting September 50 A Great Place to Work – The SFBLI Experience
Employment Law
10 SCOTUS to Opine on Whether Civil Rights Act Covers Sexual Orientation and Gender Identity 17 Last Chance to Register for 2019 Wimberly Lawson Annual Labor & Employment Law Update Conference in Knoxville November 21-22 18 Reducing Potential Legal Threats in Mergers and Acquisitions 30 Compensability of Travel Time 41 Cross, Gunter, Witherspoon & Gulchus, P. C. Seminars 46 Why Weren’t Managers and Owners of Raided Mississippi Plants Arrested?
Profiles of Chambers USA Top Labor and Employment Law Attorneys
34 Ogletree Deakins 36 Bass Berry & Sims 37 FordHarrison 38 Wright Lindsey Jennings 40 Cross, Gunter, Witherspoon & Gulchus, P. C. 42 Evans | Petree, PC 43 The Kullman Firm 44 Littler
Industry News
9 Register for the WTSHRM 10th Annual Human Resources & Employment Law Fall Conference November 5 in Jackson 10 2019 HR Tampa Conference October 25 28 Highlights from the Excellence Through Leadership Conference August 15-16 32 Highlights from the 35th Annual KYSHRM Conference in Louisville August 28-30 51 Highlights from the SHRM-Atlanta Symposium August 20 November 2019 issue features Employee Benefits Planning and Compliance and Employment Law Updates plus Highlights of the 24th Annual MSSHRM State Conference in Tupelo, TN SHRM Conference & Expo in Chattanooga, the NCSHRM HR Conference in Hickory, and the ARSHRM Employment Law & Legislative Affairs Conference in Little Rock Deadline to reserve space October 15
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a note from the editor
Hello HR Professionals! The SHRM fall conference season is in full swing! We kicked it off in Louisville with the 34th Annual KYSHRM Conference August 28-30. What an exciting conference it was! We have the highlights for you on Page 32 and 33. Please check out our Facebook Live interviews with the keynote speakers and HR thought leaders from the conference. Just "like" our Facebook page in order to receive instant notifications of our live interviews from the conferences as they occur. I invite you to follow me on YouTube also at Cynthia Y. Thompson, MBA, SHRM-SCP, SPHR to view all our videos from the SHRM Conferences. What a great time we had in Atlanta at the Excellence Through Leadership Conference sponsored by Strategic HR Partners! Please see Page 28-29 for our exciting photo layout of the conference. I think you will enjoy our live interviews with the keynote speakers and thought leaders from this conference on Facebook and YouTube. Be sure to check out the SHRM-Atlanta Symposium highlights on Page 51. We will have highlights of the 2019 MSSHRM Conference in Tupelo, the 2019 TN SHRM Conference & Expo in Chattanooga, and the 2019 ARSHRM Employment Law and Legislative Conference in Little Rock in our November issue. We can't wait for the 2019 ALSHRM Strategy in the Sand Conference at the Perdido Bay Resort in Orange Beach on October 11! We are pleased to have Layla Bonis, SHRM-CP, PHR on our October cover. Layla is the President of HR Tampa. We recently welcomed the HR Tampa SHRM Chapter to our distribution footprint. We will have highlights of the conference in our December issue. Watch for your email for notification about our complimentary October webinar sponsored by Data Facts on October 17. This is Part 3 of our three part series on HR Strategy. Learn how mission and values impact HR. Please mark your calendar and plan to join us from 2 PM to 3 PM. If you are not receiving our email notifications about our monthly webinars, please visit our website, www.hrprofessionalsmagazine.com., and subscribe to our digital issue to be added to our email distribution list.
Cynthia Y. Thompson, MBA, SHRM-SCP, SPHR cynthia@hrprosmagazine.com cythomps@twitter
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on the cover
Layla
BONIS
Layla Bonis, SHRM-CP, PHR Layla Bonis, SHRM-CP, PHR, is president of HR Tampa, a SHRM mega chapter serving over 650 professional members and companies across the Tampa Bay area. She also serves as a voting member of the HR Florida State Council. Prior to her current role, Layla served on the HR Tampa board of directors in membership, communications, technology, secretary and treasurer. She is also serving as the conference chair for the HR Tampa Conference & Expo October 25. Layla’s goal is to encourage the business community to recognize HR Tampa as a resource, not only for professional development, but as a network for questions and outreach related to the workforce in Tampa. Layla is the Director of Human Resources and Business Manager of Rev1 Energy. She has been with Rev1 Energy for the past 12 years. Rev1 is a multi-faceted company that includes all 50 states as well as globally, specializing in engineering technology and commissioning services. She oversees all facets of employee related processes, compliance, corporate programs and strategic planning for all domestic and international offices. Rev1 has offices in Florida, Texas, Louisiana, India, Vietnam and the Middle East. Layla is an HR professional with over 20 years of experience in multiple industries. She is certified as a Professional in Human Resources with both the Society of Human Resource Management and the Human Resources Certification Institute. She has post-secondary continuing education certifications in Information Technology and Business Management and Human Resources Administration. Layla is proficient in three languages including English, Spanish and Arabic. ď Ž
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You’re invited to attend the
10th Annual
November 5, 2019 Tuesday 8:00 a.m. to 4:00 p.m. at
Union University Carl Grant Events Center 1050 Union University Dr.
Jackson, TN 38305
Presented by: THE WEST TENNESSEE SOCIETY FOR HUMAN RESOURCE MANAGEMENT In coordination with: THE LAW FIRM OF RAINEY, KIZER, REVIERE & BELL, P.L.C. Join us for an informative day where we will explore how to unlock your inner superhero, including: Grab Your Cape! It’s Time for Disciplinary Actions – Learn how to effectively and legally address employee discipline and conduct investigations. Headquarters is Calling: Employment Law Update – A survey of recent changes to federal and state employment laws. Kaboom! Mediating Employment Disputes – Explore mediation strategies for employers to consider when attempting to resolve employment disputes. It’s a Bird! It’s a Plane! - Employment Case Studies – An interactive discussion of recent employment law cases and the application of relevant concepts and HR strategies. Working as a Team: FMLA Strategies – Do you have sticky FMLA situations that you aren’t sure are being handled correctly? A panel of attorneys and experienced HR professionals will respond to your questions.
Lunch is provided. Explore our impressive showcase of HR-related exhibitors. Great door prizes. Registration Fee:
$100 for WTSHRM Members $125 for non-WTSHRM Members Join WTSHRM for only $25 at: wtshrm.org/join
REGISTER NOW!
WTSHRM.ORG
The registration deadline is Wednesday, October 30, 2019. Register early as seating is limited. You may pay by check or credit card. This program has been approved for 6 recertification credit hours through HRCI and SHRM.
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SCOTUS to Opine on Whether Civil Rights Act Covers Sexual Orientation and Gender Identity By BIANCA A. MEADOR
All eyes will be on the U.S. Supreme Court on October 8, 2019, when it is expected to hear oral argument in three cases raising the issue of whether sexual orientation and gender identity are within the scope of “sex” and thus covered by Title VII of the Civil Rights Act of 1964. The definition of “sex” under Title VII, and whether the term incorporates sexual orientation and/or gender identity, is currently the subject of uncertainty and a vigorous judicial debate. Therefore, the Supreme Court is being asked to include “Gender Identity” as a protected class under Title VII and forbid discrimination on the basis of sexual orientation. The Court has notably declined to hear cases aimed at resolving the meaning of “sex” in Title VII in recent years; however, its grant of certiorari in these three cases signals the Court may now be ready to address these controversial issues. These three cases are some of the biggest facing the justices this term and have monumental impacts on the future in the employment industry.
BOSTICK The Supreme Court has consolidated the first two cases it intends to hear on October 8: Bostock v. Clayton County and Altitude Express v. Zarda. Bostock is out of the Eleventh Circuit, where Gerald Bostock was fired from his job as a welfare service coordinator. Bostock alleges he was terminated from his position after his employer learned he was homosexual and played in Hotlanta Softball, a gay sports league. The employer, on the other hand, claims the termination was due to an internal audit of the program funds he managed. According to his employer, Bostock was ultimately terminated for “conduct unbecoming of its employees.” The district court in Georgia dismissed his lawsuit for failure to state a claim, finding that Bostock’s claim relied on an interpretation of Title VII as prohibiting discrimination on the basis of sexual orientation. Bostock appealed the ruling to the Eleventh Circuit, where the court continued to uphold years of prior rulings by concluding sexual orientation is not a protected class under the Civil Rights Act. The Eleventh Circuit panel pointed out that it could not overrule a prior panel’s holding in the absence of an intervening Supreme Court or Eleventh Circuit en banc decision. The Supreme Court, by deciding to hear Bostock, has indicated it may now intervene and determine whether discrimination against any employee because of sexual orientation constitutes prohibited employment discrimination “because of sex.” 10
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ZARDA The Zarda matter is out of the Second Circuit. Donald Zarda was a homosexual skydiving instructor in 2010 for Altitude Express. Zarda alleges he was terminated from his position after revealing his sexuality to a customer. The female customer informed Altitude Express that Zarda had inappropriately touched her and disclosed his sexual orientation to excuse his behavior. In response to this complaint, Zarda’s boss fired him. Zarda denied touching the client inappropriately and claimed that he was fired solely because of his reference to his sexual orientation. He brought a claim in federal court alleging, among other things, that Altitude Express violated Title VII by terminating him because of his sexual orientation. The district court ruled for Altitude Express, finding that Title VII does not protect against discrimination based on sexual orientation. Zarda appealed to the Second Circuit, which initially ruled for Altitude Express as well. The panel declined Zarda’s request that it reconsider its interpretation of Title VII and overturn previous decades of decision, as only the court sitting en banc can do that. The Second Circuit then agreed to rehear the case, en banc and set new precedent, finding that Title VII’s prohibition on discrimination because of sex necessarily includes discrimination because of sexual orientation. The Second Circuit’s ruling contradicts that of the Eleventh Circuit, thus prompting their consolidation in front of the Supreme Court. The Court will review the Second Circuit’s ruling that Zarda could pursue a Title VII claim against his former employer. These two cases present major questions for employers moving forward. In both cases, the respective employers claim they had valid performance and policy reasons for each employee’s termination. However, each of these terminations came soon after the employer became aware of their employee’s sexual orientation and gender identification, causing each employee to question the reason and timing of their terminations. The Court’s decision in each of these cases has the potential to change the landscape of employment law, as it pertains to employee discrimination, nationwide.
R.G & G.R. HARRIS FUNERAL HOMES The third case before the Court is R.G. & G.R. Harris Funeral Homes v. Equal Employment Opportunity Commission. Harris Funeral Homes come from the Sixth Circuit and involves the termination of a
transgender employee. The Supreme Court will determine whether Title VII prohibits discrimination against transgender persons based on their status as transgender or sex stereotyping. Aimee Stephens, the former funeral director for Harris Funeral Homes, was terminated after she informed her employer that she was transgender. For most of her employment at the Funeral Home, Stephens lived and presented as a man and ultimately made the decision to inform her employer and coworkers of her gender identity. Stephens was terminated two weeks after she informed her devoutly Christian owner that she was transgender. The Equal Employment Opportunity Commission (“EEOC”) brought a lawsuit on behalf of Stephens, against the funeral home, alleging that it had violated Title VII by terminating Stephen’s employment on the basis of her transgender or transitioning status and her refusal to conform to sex-based stereotypes. The district court granted summary judgment to her employer. The Sixth Circuit reversed the lower court’s ruling, holding that the funeral home’s termination of Stephens based on her transgender status constituted sex discrimination in violation of Title VII. Harris Funeral Homes now challenges the Sixth Circuit’s determination that Title VII prohibits discrimination on the basis of “gender identity” under Title VII.
behalf of Aimee Stephens, has taken the position that sex discrimination under federal law prohibits an employer from treating an applicant or employee unfavorably because of that person’s gender identity, including transgender status and sexual orientation. The U.S. Department of Justice (“DOJ”), on the other hand, filed an amicus curiae brief in the Harris Funeral Homes case arguing that sexual orientation and/or gender identity are not protected classes under “sex” as covered by Title VII. In its brief, the DOJ notes that Congress did not include transgender people and gender identity when Title VII of the 1964 Civil Rights Act was originally passed, and Congress has not passed any law that would add gender identity to the statute. While many state and local governments prohibit discrimination based on sexual orientation and gender non-conformity, others have not afforded any protection to members of the LGBTQ community regarding workplace discrimination. Thus, the Supreme Court’s decision may dramatically impact the future of employment law. Decisions in each of these cases will be expected no later than June 2020.
DIFFERING OPINIONS Not only do these cases present a divide among the circuits, but they portray a clear difference of opinion between various governmental agencies. The EEOC, who filed the Harris Funeral Homes lawsuit on
Bianca A. Meador, Attorney Martenson Hasbrouck & Simon LLP bmeador@martensonlaw.com www.martensonlaw.com
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3 Ways to Elevate Your Talent Management Strategy with Workforce Data By LIZ ALTON
By focusing on new approaches to retention — powered by workforce data — organizations can develop effective, customized solutions to their talent needs. In today's competitive recruiting landscape, having an effective talent management strategy is more critical than ever. Unemployment is at a 50-year low. While that's good for individuals in the workplace, HR professionals are having difficulty recruiting qualified applicants, with skills shortages a significant issue. Leading businesses are finding innovative strategies to retain talent and close the skills gap. To learn more about the latest trends in talent management strategy, we spoke with ADP Human Capital Management (HCM) Consultant Rob Namba in advance of his SHRM talk, "Elevating the Talent Experience." Here's a closer look at three key trends HR leaders should consider to elevate their talent experience and increase workforce retention. 1. W orkforce Data Informs Shifting Retention Strategies Competition for talent is fierce, and organizations are increasingly shifting their retention strategies to meet their workforce needs. HR leaders are leveraging insights from cloud-based workforce analytics to better understand what's driving their talent retention and invest in high-impact areas as they shift from industrial approaches to agile ones. Analytics allow HR leaders to understand the specific drivers influencing their employees to join, remain or leave the organization — rather than relying on more general assumptions. "Using data analytics to understand the drivers and talent is a must-have for every company today to stay competitive," says Namba.
HR leaders to develop competitive compensation, benefits and recognition programs. The result is retention strategies that are customized to the group's workforce and informed by pertinent, timely data from all levels of the organization. 2. Differentiate the Talent Experience with an Onboarding Strategy As businesses find new ways to compete for talent, onboarding strategies are in the spotlight as the starting point for effective retention. Successful onboarding is critical because it helps new hires establish relationships and gain a thorough understanding of an organization's culture. An important component of effective onboarding is modeling success — and providing examples of leadership that embody organizational values such as transparency. "According to the ADP Research Institute's Global Study of Engagement, there are two important contributors to successful onboarding: assigning the new hire a buddy or mentor to provide guidance and support, and they have to understand the goals of the company," says Namba. Organizational culture can be the key difference when employees are choosing between their current employer and an equivalent opportunity at another company with slightly higher compensation. "What makes me choose between those two? It's going to be the culture. It's going to be the work environment and the relationships with my peers and my direct manager that makes the difference," says Namba.
Having real-time access to multiple data points across a large organization can reveal unexpected insights that allow businesses to take meaningful action. As Namba highlights, "Having brilliant data helps HR make brilliant decisions. Take turnover for example: If I have an anomaly in a large organization, how would I identify the reason? Where is the bleed? Who am I losing? Is there something different about that team? Is it because the manager has too many direct reports compared to others? Or is there a management aspect that we need to look at from a training and development side of things? Imagine having that in one brilliant dashboard."
Investing in these areas from the beginning of the employee relationship is an important step in building a solid foundation for retention. The best human capital management technology supports a strong onboarding strategy, from ensuring each step is managed to streamlining the feedback loops that help workers get up to speed. In many cases, firms are finding ways to more effectively use the tools they have as part of their retention process, capturing the value of technology without adding to the bottom line.
Frontline managers and their HR counterparts can use real-time insights to guide decision making. Up-to-date internal data, coupled with industry benchmarks, allows frontline managers to create a better workplace while empowering
By focusing on the onboarding strategy as a cornerstone of your larger retention initiatives, it's easy to see the value. Taking the time to help workers truly master their role is about more than just enabling them to contribute quickly.
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It also sets the tone for the whole employee experience, while modeling the culture, leadership and values you hope they'll emulate. 3. Transform Your Talent Strategy from a Judging Model to Activation In many organizations, the talent management strategy has traditionally focused on annual performance reviews and evaluating how workers stack up against their peers. The result can be an environment where workers feel judged rather than recognized for their contributions or supported to do their best work. Namba suggests looking at Dr. Brené Brown's work on vulnerability as a catalyst for creativity, change and innovation may be a critical starting point to reshape the conversation. "It's important to consider how we're creating an environment where people can be more vulnerable. Dr. Brown says there are three components to vulnerability: uncertainty, risk and emotional exposure," notes Namba. "When employees are safe to do focused work in their strengths and are rapidly recognized by their leader, their talent becomes activated. That's what really taps into creativity, and that's what taps into employees being more engaged, staying longer and loving their jobs. Employees still need accountability and targeted development plans to close skill gaps, but activation truly comes from managers creating an environment of trust." Implementing these changes involves shifting the way organizations are pivoting toward more team-based models rather than cascading-based HR organizations. In these structures, the role of managers is key, with a focus on soft skills. "How does a manager respond in the right way to the risk employees put out there when they put themselves up for evaluation? How do they create room for failure? Or how do they learn those things?" asks Namba. As organizations find ways to meet their workforce's needs in today's competitive landscape, the talent management strategy plays a central role. Retention and helping talent develop the technical and soft skills needed to thrive are important. From investing in the right HCM technology to underpin every employee experience (onboarding to employee reviews), to making sure your managers have the soft skills needed to thrive, taking an agile approach to talent retention can help set the long-term foundation for success. This story originally published on SPARK (adp.com/spark), a blog designed for you and your people by ADP®.
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Attracting the right talent with better rewards designed for a better employee experience Attracting top talent and enhancing organizational wellbeing are interconnected — advancing one goal moves the other forward. That’s because a well-earned reputation for a great workplace culture, anchored by competitive compensation and benefits, draws job candidates who strengthen wellbeing. They’re motivated by their environment to perform at their best. By taking a holistic approach to employees’ physical, emotional, career and financial wellbeing, employers can make the most of compensation and benefits. An integrated focus on these interrelated needs helps attract a multigenerational workforce at the right cost structure. And when this happens, the odds favor an exceptional employee experience that drives higher engagement and better business results.
The keys to successfully attracting talent An intentional approach to recruiting that’s well thought out and mapped in advance leads to better outcomes. Part of this proactive effort should take place outside the talent marketplace — with a focus on the quality of the employee experience inside the organization. That’s why the keys to attracting the right talent include not only clearly defining the employee role and candidate profile, but also offering transparent and balanced rewards as well as creating a strong reputation for workplace culture.
By KEVIN TALBOT
Clearly defined candidate profile Success in attracting talent correlates with having a firm grasp of the qualifications needed — from both the employer and candidate points of view. Employers should understand how generational differences may influence the importance of certain workplace cultural characteristics and benefits, and keep them in mind during the recruiting, vetting and hiring processes. For instance, a solid reputation for career path support and corporate social responsibility (CSR) often appeals strongly to workers in the earlier stages of their careers. Yet only 14% of employers have a clearly stated CSR policy.¹ Organizational levels can also inform and alter the approach to recruiting and hiring talent. A focus on job security and work fulfillment is important for attracting leaders and other employees with established careers, as well as ensuring they’re a good fit. For entry-level candidates, training and development tend to be high priorities, and an inviting and energizing organizational culture ranks somewhere on the list for just about everyone.
Transparent and balanced rewards Frequent and consistent reviews of pay structure can expose imbalances and gaps across job levels, revealing possible needs or opportunities to make adjustments. Comprehensive changes may not be realistic, but intelligence that provides a comprehensive take on the current reality guides prudent decisions. Incremental adjustments to rewards help set employers on the right course for offering more competitive pay, benefits and other rewards — aligned more closely with employee values. A total rewards statement can be a powerful tool for communicating the full value of the employer-employee compact to individual employees. It should include monetary and non-monetary rewards that support career, financial, physical and emotional wellbeing.
Strong reputation for workplace culture
Clearly defined employee role Finding and hiring candidates who are a good fit for a position starts with clearly defining and documenting roles, responsibilities, goals, accountability expectations, progress metrics and rewards — right from the outset. Transparent communication on how business and performance management decisions are made also inspires trust up front. The scope of available personal and professional development should be clearly outlined within the role, and include regular reviews and updates. Managers who converse openly and individually with team members about development, performance and rewards will be more attuned to these employees’ needs and priorities. At the same time, they’ll gain instructive insights on supporting each person’s career wellbeing. Besides these immediate benefits, there’s often an opportunity to identify shared perspectives and common preferences among employees, which helps them hone role descriptions for a better match with future candidates. 14
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High engagement and low turnover are indicators of employee pride and a great organizational culture. Likewise, an employee’s engagement level is a measure of how they perceive the overall quality of their workplace opportunities and experiences. While most job candidates have no direct frame of reference for engagement potential, secondhand information is everywhere. Connections to people, facts and opinions are easily and widely available across a broad conglomerate of social networks and relationship platforms. Employees readily share — and candidates eagerly seek — insights into workplace culture. According to a 2017 survey, the number-one reason candidates chose one job over another was company culture (23%), followed by career progression (22%) and benefits (19%).² A reputation for a strong culture clearly counts in attracting as well as retaining top talent. Yet in another recent survey, just over half of employers said they have a highly engaged workforce, and 30% reported a turnover rate of 15% or more.¹ These findings underscore the importance of investing in policies and programs that provide a
better employee work experience, especially in a highly competitive labor market.
There’s also evidence that HR management and healthcare cost control results are linked to providing employees with interesting and challenging work. More than twice as many employers that excel in both of these areas (58%) made an effort to provide gratifying work, compared with their peers (24%).³ These employers are also likelier to reinforce engagement by supporting employees’ career growth, including establishing processes to help managers communicate clear performance goals, give constructive feedback and address development needs. And more often, they recognize contributions by communicating to employees how their work performance positively impacts the organization’s strategy, mission, vision and values — at a rate that’s 30 percentage points higher.³
Employers can also make inroads into an improved workplace culture by conducting an engagement survey. Checking in with employees periodically about their perceptions and experiences gives them a voice in decisions that affect them, and shows respect for their changing wants and needs. In addition, regular employee feedback provides an avenue for competitive benchmarking, and maintaining a steady flow of insights to enrich organizational wellbeing.
The value of retooling total rewards as a total experience There’s no denying that compensation and benefits are two critical sides of the equation for attracting employees, but the value of those wages and benefits can rise or fall within the context of the overall work experience. Truly well-rounded rewards are packaged with strong leaders who understand the importance of effective communications, clearly defined employee roles and goals, ongoing support for career development, and deliberate performance management. Lower employee replacement costs and increased productivity are the return on investing early in attracting the right talent — and succeeding. And when these new employees become engaged, selfmotivated internal brand champions, they elevate the competitive power of their employer’s external reputation.
Kevin Talbot National Managing Director, Compensation & Rewards Consulting
Kevin leads a consulting group dedicated exclusively to compensation, benefits and governance. His expertise ranges from evaluating total compensation programs and designing performance-based incentive plans, to developing global compensation philosophies and educating trustees and executives on the latest regulatory issues and industry trends. ¹ Arthur J. Gallagher & Co., “2018 Benefits Strategy & Benchmarking Survey,” November 2018 ² Society for Human Resource Management, “Candidates Choose Jobs Because of Company Culture,” February 2017 ³ Arthur J. Gallagher & Co., “Best-in-Class Benchmarking Analysis for Large Employers,” April 2019 Consulting and insurance brokerage services to be provided by Gallagher Benefit Services, Inc. and/or its affiliate Gallagher Benefit Services (Canada) Group Inc. Gallagher Benefit Services, Inc. is a licensed insurance agency that does business in California as “Gallagher Benefit Services of California Insurance Services” and in Massachusetts as “Gallagher Benefit Insurance Services.” Neither Arthur J. Gallagher & Co., nor its affiliates provide accounting, legal or tax advice. This is just one of 19 articles from Gallagher’s 2019 Organizational Wellbeing & Talent Insights. To download the full report, visit ajg.com/ owti-2019. © 2019 Arthur J. Gallagher & Co. | 27335C
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Be a Holiday Hero Give Employees an Epic Holiday Gift Each year, as the holidays begin to roll around many Human Resource Managers are given a fun but difficult task of finding a perfect employee holiday gift that will please every employee. Whether you are shopping for a small business or a large corporation it is important to find a gift that first, fits the budget. But as important, is finding a holiday gift that conveys sincere appreciation for an employee’s hard work. For many years the gift of an actual turkey was a popular nostalgic corporate gift. What better gift to convey a sincere thank you for a job well done and who doesn’t enjoy gathering around the table for a family feast! But as trains, planes and home office became the norm, giving out a frozen turkey became very difficult and more and more expensive. 31 ago years, Holiday Gift Check Program came up with a solution that provided the gift of a Thanksgiving turkey or holiday ham but in a convenient, low cost and easy to deliver Holiday Gift Check. A gift that truly delivers a special holiday meal, brings on the holidays and leaves your employees with cherished family memories. A gift that all employees will treasure! This season serve up a holiday gift that all employees and customers will enjoy. First, choose the exact gift denomination from $5-$50, flexible to fit any budget. The gift check includes a special greeting and is customized with your company’s name. To make it extra special, there is an option to personalize with each employee’s name. Personalizing can also help with distribution and gift tracking. Additionally, to assist
with taxing concerns, an optional restriction can be added. Choose from not redeemable for cash, alcohol or tobacco, or add all three restrictions for no fee. After season, there is no cost for leftover turkeys, simply return the ‘leftover’ Holiday Gift Checks for a guaranteed full face-value refund. All employees will treasure a gift that delivers a fun and flexible holiday meal. Employees easily redeem the Holiday Gift Check for a turkey, ham, or festive grocery gifts to make any gathering an extra special celebration. Recipients will enjoy redeeming the entire gift amount at virtually any grocery store nationwide or exclusively at over 400 Honey Baked Ham stores. The Holiday Gift Check is very flexible allowing employees to choose any family favorite brand of turkey, ham, groceries or tasty side dishes. The Holiday Gift Check is also often enjoyed by customers or patrons as a fun promotional giveaway or incentive. Giving employee holiday gifts has a long-term benefit well into the New Year. Finding the right holiday gift can truly benefit the company. Employee gifts may have a cost but recognizing and appreciating hard work can be very beneficial to the bottom line! There are numerous studies that show employees would stay at their company longer if they felt more appreciated. Many employees also admit they would be motivated to work harder if their company showed more appreciation for their work. Therefore, a small gift of appreciation can go along way!
Still not a believer?
What have other companies shared about giving an epic holiday gift. “ Using the Holiday Gift Check program has become a tradition for us and our employees. It is simple, convenient and the staff is very friendly and willing to offer assistance. THANK YOU for providing such reliable service. Your service definitely helps us accomplish our holiday to-do list.” ~ Vicki (4-year customer)
“ Holiday Gift Check Program is the perfect solution to my company’s needs during the holiday season. We are able to order gift checks and have them delivered directly to our customers. I have never encountered any issues and have always been impressed with the customer service provided by Holiday Gift Check Program. They are a great asset to any company that relies on quick, friendly service you can count on.”
“ We have used this service for many years and the customer service is impeccable. Everyone is always so pleasant and willing to take time for questions. Our employees love getting these certificates to use. It is a fast and convenient way to show employees that you appreciate them.” ~ Cathy (8-year customer)
~ Dia (10-year customer)
ORDER ONLINE AND SAVE NOW WITH SEASONAL PROMOTIONS! For questions or seasonal savings inquires call Holiday Gift Check Program’s customer service at (630) 986-5081. To order or for more information please visit www.giftcheckprogram.com and use your superpowers to make it a holiday tradition this year and for years to come! 16
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REGISTER NOW! for the Wimberly Lawson
2019 ANNUAL LABOR & EMPLOYMENT LAW UPDATE CONFERENCE November 21 - 22, 2019 Sevierville Convention Center Wilderness at the Smokies, Sevierville TN “Just 30 minutes from downtown Knoxville!”
CONFERENCE TOPICS INCLUDE: Marijuana, CBD Oil, and Drug Testing; LGBTQ+, Religious Liberty, and Title VII; DOL Update - Including Overtime Calculations and Joint Employers; Navigating Complicated Disability Issues and the ADA; 2019 EEOC Update – Panel Discussion with EEOC and THRC Officials; “You’re Fired!” - The Right Way and the Wrong Way; The Rise of Gen-Z in the Workplace; Employment Contracts, Severance Agreements, and Class Action Waivers, Including Non-Compete and ADEA; The Incivility of Civilization and Conflict Resolution; FMLA and Leave Laws; Tips & Traps in Recruiting and Retention; Social Media in the Workplace; Nancy Drew…or Inspector Gadget? Conducting Effective Internal Investigations; The Deceptively Dangerous Fair Credit Reporting Act – Including Background Checks, etc.; FLSA: Wage & Hour Nightmare Scenarios; Immigration, E-Verify and I-9; Cyber-Security … AND MORE! Accreditations: * 8.0 Recertification credit hours for HRCI (PHR, SPHR and GPHR) and SHRM (PDCs) will be requested * 8.0 Attorney CLE credit hours for TN, GA, VA and KY will be requested
Comments from last year: “Always informative, great presentations!” “Topics are spot-on for the workplace today!” “Presenters are knowledgeable and fun!” “This Conference is one of my favorites!”
For more information, or to register: Please email Bernice Houle at bhoule@wimberlylawson.com or visit us online at www.wimberlylawson.com
Knoxville / Cookeville / Nashville / Morristown / Chattanooga www.wimberlylawson.com
Reducing Potential Legal Threats in Mergers and Acquisitions BY STUART JACKSON
It is no surprise that mergers and acquisitions are a complicated business. There is a lot of work that must be done in a small window of time in order to finalize a transaction. When two companies merge, the main focus is generally on the economic aspects of the deal. However, mergers and acquisitions go beyond assessing the financials and property assets of the companies. Effectively integrating the workforces of both organizations is one of the main factors in the deal’s long-term success. According to Vortylon, a merger and acquisition advisor specializing in company integration, less than half of mergers and acquisitions survive more than three years. If a buyer wants the transaction to survive and the new business to thrive, it is necessary to develop an overall integration strategy that starts well before the transaction occurs and continues well after the transaction is finalized. Part of that strategy is understanding the key workforce-related issues that can arise.
Potential Legal Threats Companies are becoming more focused on potential employment liabilities during mergers and acquisitions. This focus is due in part to the on-going rise in wage and hour claims and class actions as well as sometimes varying state employment laws. It is important to learn if there are any employee lawsuits pending against the target company and whether the target company has any practices that potentially violate federal or state employment laws. Some of the main labor and employment issues that have the potential to expose a buyer to liability are misclassification of employees for compensation purposes, unpaid overtime or other wage and hour-based issues, and issues surrounding employee benefits. If employees of the target company are represented by a union, the buyer must also understand its potential obligations under existing contracts. Including certain provisions in the transaction agreement can help shield the acquiring company from liability. Representations and warranties by the seller about any legal violations or litigation and an indemnification clause will help make clear who is liable for any potential claims that occurred before the transaction. A deep dive into the employment practices of the seller is also necessary before finalizing the deal, and quickly integrating the seller’s employees into the new organization will also help mitigate against any flaws in the seller company’s past practices. 18
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Redundancies in the Workforce One of the most difficult aspects of mergers and acquisitions is facing the possibility of employee layoffs. When two companies merge, there are often redundancies in the workforce, and it is necessary to determine who will be kept on, reassigned or laid off. Establishing a formal process to determine which employees are let go can help shield a company from liability. Arbitrary or entirely subjective decisions will expose a company to claims of bias, whether they be based on age, gender, race or some other protected category. Ideally, workforce decisions should be made by using factors that are as objective as possible, such as seniority, experience or past job performance. Claims of bias are not the only danger when considering reductions in force. The Worker Adjustment and Retraining Notification Act (WARN Act) or similar state laws may be triggered if a large number of positions are eliminated. The WARN Act requires an employer to give a certain amount of notice to laid-off employees and certain government officials or agencies before the actual day the layoffs occur. Most state laws vary on what number of layoffs trigger the notice requirement and how much notice the employees must be given; therefore, it is crucial to check the laws of the state where positions will be eliminated in order to ensure that any responsibilities are complied with.
Merging Policies and Operations Another aspect of integration that affects employees is determining which operations and policies to adopt. After a transaction, the buyer may decide to completely discard the seller’s policies in favor of its own, or continue to use some of the seller’s policies. Human resources staff can help shed light on things like performance expectations, how problems within each organization are handled and the management style of each company. Once it is decided which policies will stay and go, it is necessary to update the HR-related documents, such as the employee handbook and employment agreements, and communicate the changes to all employees. A buyer must also think about whether it will continue to offer any of the seller’s existing employee benefits. The seller’s benefit plan may have an impact on the financial value of the transaction and may have tax consequences for the buyer as well. Beyond the economic considerations, certain benefits may be key to retaining employee talent and
preserving morale. Additionally, the buyer must decide how it will handle accrued but unused benefits from the seller’s plan, such as vacation or PTO hours. All of these considerations should occur before a transaction is finalized, including how the changes will be communicated to employees.
Culture Cultural differences are bound to arise when two organizations combine. The two companies will have their own cultures and norms and a significant challenge is determining how to help everyone adjust. It is never a bad idea to discuss the desired culture from the beginning and implement practices that reinforce that culture as soon as possible. Analyzing whether the companies can successfully integrate also requires a look at the culture of each company. Involving the HR department from the beginning can help leaders determine whether the companies are a good match. A business can understand the characteristics of a target company by considering its leadership approach, decision-making practices, company values and communication style.
Communication should be planned ahead of time. It may help to establish a central location to announce merger updates, receive questions and provide answers. An intranet page or blog are two helpful ways to widely disseminate information. Training managers and encouraging them to frequently check in with their teams is also helpful in combating confusion or inaccurate information. Whatever the method, it is crucial that information is provided in a reliable and consistent manner.
***** Completing a merger or acquisition is no easy job; however, there is a lot of work left to be done once the deal is finalized. Workforce issues are one of the main factors that determine whether a transaction will survive. Identifying potential issues from the outset and establishing a comprehensive integration plan will help ensure that a merger or acquisition enjoys long-term success and that the two (or more) organizations effectively assimilate into one company. Editorial assistance provided by summer associate Shelby Howlett.
Communication Communication is a final key to any successful integration. Even the best plans can fall apart if they are not effectively communicated. Mergers and acquisitions can cause worry and anxiety for many employees. Active and consistent communication can boost morale among the workforce and also help facilitate a genuine cohesion between the companies’ workforces.
Stuart Jackson, Partner Wright Lindsey Jennings sjackson@wlj.com www.wlj.com
Shelby Howlett, Summer Associate Wright Lindsey Jennings showlett@wlj.com www.wlj.com
We use our best tools to make your job run smoothly and efficiently. FordHarrison is a labor & employment defense law firm with 28 offices, including three affiliate firms, and is the sole member of the global employment law firm alliance, Ius Laboris. Guided by the FH Promise, FordHarrison delivers the highest quality legal service and communication to our clients. www.fordharrison.com
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Realizing the
HR Digital Advantage
The digital era has raised the performance bar for HR organizations. Today's HR organization must strive not just for world-class performance as traditionally measured, but rather, digital world-class performance. Putting the HR stakeholder at the center of the service delivery model guides the overall digital, agile and data-driven enterprise culture. This shift in perspective allows best practices, both proven and emerging, to drive the momentum from the outer ring of six interconnected service delivery capabilities....and human capital. World-class HR organizations are those that achieve top-quartile performance in both efficiency and effectiveness across an array of weighted metrics in The Hackett Group’s comprehensive HR benchmark. Digital world class is The Hackett Group’s estimate of the additional benefit that world-class HR organizations can derive from full technology enablement of execution of HR work and optimization of the HR technology landscape.
The Hackett Group Digital HR Service Delivery Model
Service design
Human capital
With widespread talent shortages and retention difficulties, the concept of employee experience is being widely embraced as a key to attracting and keeping high caliber talent. HR organizations now recognize the importance of a good employee experience and their role in ensuring it. While many HR organizations primarily view employee experience through the lens of their interactions with HR (and mainly its technology infrastructure), top performers are almost three times more likely to incorporate touchpoints across the entire enterprise in their employee experience strategies.
World-class HR organizations employ a different mix of staff than the average HR organization, with more professionals and fewer managers. This holds true for each major HR process category – planning and strategy, employee lifecycle and transactional/administrative. This suggests the presence of staff with the ability to do more advanced work.
Analytics and information management World-class HR organizations are concerned not just with their own performance but with how they can enable the success of the enterprise. For example, they use talent analytics to translate business strategy into its future implications for managing talent, apply analytics to illuminate and eliminate obstacles in the road ahead. This data is also used by the business to prioritize and fund improvements aimed at attraction and retention of talent to fill critical roles. Organization and governance Many HR organizations devote excessive amounts of attention and resources to transactional activities, to the detriment of analytics, measurement and working with organization leaders on devising talent strategies that bolster business results.
Technology The convergence of cloud-based infrastructure and applications, virtual business and technology networks, and smart automation is creating exciting new opportunities for HR organizations, enabling them to apply digital technologies to transform service delivery. Electronically enabled processes reduce errors and make information easier to access without the need for assistance by HR staff. Increasingly, digital technology is becoming the platform for a whole new class of services, such as virtual assistants to answer employee queries or artificial intelligence that nudges managers to reach out to prized employees before they become flight risks. 20
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By HARRY OSLE
To reduce time spent on routine work, HR must make its structure and processes more efficient and effective. A formal service delivery model clarifies roles and responsibilities and matches the capabilities, cost and location of resources (e.g., global business service unit, center of excellence, corporate) with the type of work performed. Service partnering World-class HR organizations utilize the capabilities of external service providers to greater effect than typical HR groups. For example, while they allocate nearly the same percentage of their budget to outsourcing, they spend less to manage those relationships. More important, they can leverage third-party relationships to reduce overall process costs and internal staff levels (or staff up quickly in response to changes in demand).
The higher overall quality of world-class HR staff is evidenced by greater numbers who have effective strategic thinking and analysis skills, goals aligned to company strategy and outstanding leadership abilities. The qualitative attributes of staff are a key contributing factor to why world-class HR organizations are so effective.
Jumpstarting and Accelerating HR Digital Transformation There are many steps that HR organizations can take to improve their performance and value, whether in the beginning or later stages of transformation. The Hackett Group’s experience working with thousands of organizations underscores the measurable cost and productivity benefits of taking these steps: HR organizations just beginning their digital transformation •M easure baseline efficiency, effectiveness and customer experience: Benchmark HR to provide a foundation for assessing performance, evaluating capabilities and identifying improvement opportunities. •U se a portfolio approach to documenting HR projects: Evaluate initiatives based on their alignment with business and HR objectives, and their strategic and operational impact. •A ssess staffing levels and skills mix: Make sure the number and capabilities of staff correspond with documented stakeholder needs. •R educe complexity: Simplify, standardize and streamline programs and processes for greater consistency and performance. •D eploy technology to improve process quality and cycle time: Digital technologies such as cloud-based systems and RPA can be applied to upgrade transactional and administrative performance.
•A dopt a digital service delivery model that aligns task complexity with available technology and skills: Align people and skills based on business priorities, value and cost considerations.
HR organizations that are well down the road toward digital transformation •R eview KPIs and take action where improvement is needed: Metrics should gauge what drives performance and how successful HR is at meeting its strategic goals. Work with business leaders to develop initiatives aimed at improving these performance barometers. •P ut customers at the center of service design: Design service delivery for different workforce segments and levels of management. Apply methods such as focus groups, design committees, user personas, customer journey mapping and iterative prototyping. •U se digital technology to increase productivity and improve the customer experience: Provide information and tools that increase the productivity of HR staff and the overall workforce. Use a “mobile first” principle to enforce simplicity of
design. Accelerate the deployment of smart automation such as chatbots to handle routine inquiries and transactions. •B uild analytics capabilities: To develop better insights and decisions, assign dedicated analytics resources within HR. Establish data management governance and processes to provide consistent, usable and meaningful data for analytics. •D evelop HR’s digital skills: Redesign HR roles and career paths to incorporate digital skills requirements: technical (e.g. analytics and modeling), behavioral (e.g., agility and change orientation) and business (e.g., data savviness). Train HR staff, especially those in business partner roles, to solve problems using data and to package analytical findings into business-relevant stories and recommendations. • I ncrease HR’s business acumen: Recruit from other parts of the company and HR/ business hybrid talent pools. Assign staff to cross-functional teams to learn about the operations of different parts of the organization. •B uild capabilities that can improve business performance, such as leadership, innovation and agility: For example,
implement initiatives aimed at developing innovation skills companywide, such as creativity among the general workforce and innovation-nurturing among managers. Regardless of where they are in their transformations, those HR organizations reaping the most benefits of digital technology have a clear vision how digital technology enables their HR strategy and operating model and a detailed roadmap of the steps needed to successfully implement the change.
Harry Osle, Principal in Charge Global Human Resources Practice Leader The Hackett Group
Mr. Osle has more than 20 years of experience in human resources and transformation. At The Hackett Group, he advises clients on leveraging HR best practices, organizational alignment, optimization and automation, project management and needs analysis. He is an expert in HR strategy development, service delivery model design, benchmarking, and HCM selection and implementation.
Making the leap from benchmarking to continuous improvement can deliver powerful benefits to your HR and payroll processes. Our revolutionary Quantum LeapTM platform digitizes your world-class journey, allowing you to: Accumulate data with automated workflow Identify performance gaps quickly Track improvement and benefit realization Provide executive visibility on initiative progress Access our proprietary metrics in personalized dashboards Automate benchmark updates
Begin your journey to world class. Call us today to learn more about how Quantum Leap can accelerate your HR and payroll improvement initiatives: 1 866 614 6902 or directly at +1 770 225 3600. Or visit us at: www.thehackettgroup.com/quantumleap
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How to Hire and Engage Remote Workers for Culture Fit According to a 2019 study, 66% of companies allow remote workers, with 16% of companies being totally remote.
By STEWART GOTT
Traditional hiring has gone the way of the landline in many ways, and one of them is geographical. Where are the best employees for your open positions? Chances are good they don’t live in your zip code. Team members who live outside your company’s city, state, or even country are becoming more prevalent and accepted in organizations of all sizes. According to a 2019 study, 66% of companies allow remote workers, with 16% of companies being totally remote. How can an organization be sure to recruit, onboard, and retain these workers while not losing productivity or damaging their company’s culture? Here are 7 tips.
Before Hiring: Hiring remote employees poses unique challenges. Not only must the person be qualified and possess the skills to do the work, they must also be able to function well away from the office. Thoughtfully define your company culture. A strong culture is important for every employee, not just remote workers. However, finding telecommuting employees that thrive and contribute to your company’s success takes work on the front end. Lay out your organization’s culture and let it be seen throughout the hiring process. That way, if a person doesn’t feel like they would be a fit, you won’t end up extending an offer to them only to have them leave a few months down the road. Be transparent in the job description and interview. Thoroughly explain the responsibilities of the remote position, including how often they will work remotely and be in the office. Now is the time to showcase the company culture and core values. Let them see into a normal day of working for the company and how they can fit into it, even in a remote setting. By making both the job itself and the company culture highly visible from the beginning, you gain the advantage of attracting the right people to the position. Look for qualities that are useful for remote employees. Hard skills that are required to perform the job requirements are necessary, but the soft ones that create remote employee 22
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success are critical, too. Ask penetrating questions about their attitudes toward working remotely and why they think their personalities fit such a set up. In addition, dive into how they manage their time, their level of self-motivation, and their communication skills. Request examples of a time they successfully worked independently and how they made it work with a co-worker who didn’t communicate effectively. These insights are essential to gauging whether the candidate would be a good fit for a position within your organization. Use background screening tools. While screening your job applicants for every open position is integral to the safety and productivity of the workplace, it becomes even more so with remote employees. First off, your company may be supplying them with expensive equipment, and you need to make sure they are responsible and trustworthy. Second, if you are hiring out of state or country, you may not be able to meet them in person during the interview process. Background checks can give you a more wellrounded view of their overall competency and reliability. The background checks that are helpful for remote employee hiring are criminal record searches in the counties they have lived, worked, or studied within the past 7 years, as well as employment and education verifications. If they are international, an international screening is smart. Assessment testing is another powerful tool to uncover the applicant’s attitudes and behaviors toward honesty and integrity. Finally, social media screening and drug testing may identify problematic behaviors that would be risky for your company to take on.
After Hiring: Once a person has been hired for a remote position, there are 3 significant ways to maximize their chances of success at your company. Conduct consistent, high-value meetings. Remote employees should feel like they’re part of the team, even if they aren’t sitting in the office down the hall. Managers need to conduct consistent team meetings where each person discusses their ongoing projects,
schedules, and problems. Other team members can give feedback and input, which builds team morale and strengthens relationships. Video conferencing is a powerful way to connect during these meetings. Speaking of video… Employ universal tools. Embracing technology is one of the best ways to make remote teams successful and keep them in sync. Implement an instant messaging platform where everyone can share ideas and keep each other updated. Add a video conference system where they can actually see each other every day, instead of just emailing or talking on the phone. Managers should encourage interaction between all team members as frequently as possible. Log some face time. As advanced as today’s workplace is, nothing replaces good ole face-to-face interaction completely. That’s why organizations need to leave room in the budget to bring remote teams together at least once a quarter. These meetings are great times to review successes, pick apart failures, and set plans in place to ramp up progress and efficiency. It’s also a prime time to bond over common goals. Add in some down time for team building and growing rapport with each other. These in-person meetings will carry remote employees into the next few months feeling connected and more fully embedded into the company culture. If your team members are across the state, country, or ocean from you, there are still ways for them to be part of the company’s culture. The first step is choosing the right people for remote work. Then, by taking the time to create high-value video and periodic in-person meetings, encouraging communication, and building rapport, your remote team can function as a single, cohesive unit that is just as, or more, successful as in-office teams.
Stewart Gott National Account Executive sgott@datafacts.com www.datafacts.com
Data Facts Acquires Strategic Information Resources & Background Decision By SUSAN MCCULLAH
Data Facts, a nationwide provider of mortgage lending solutions and national and international background screening solutions, proudly announces their acquisition of Strategic Information Resources (SIR) and its affiliate companies Background Decision, Diversified Appraisal Services, and All In Compliance. The acquisition provides Data Facts with a range of complementary and adjacent lending and background screening solutions. Julie Wink, Data Facts’ President, says it was an easy decision to keep the SIR offices open. “Although operating as one company, both Data Facts and SIR clients can rely on the same personal working relationships they’ve enjoyed over the years, communicate with the same people, and depend on the same quality of work that is never off-shored outside the U.S.” SIR’s CEO, Lee Howlett, President Maureen Devine, and Managing Partner Bill Shea will work closely with Data Facts’ management team to ensure a smooth transition. Data Facts will retain SIR’s office in Holyoke MA and their Diversified Appraisal Services locations in York ME and Raymond NH. Lee Howlett explains how SIR made the decision. “The combination of SIR and Data Facts charts a new course for outstanding client service and innovative product development. Our many loyal clients will benefit from new efficiencies and even greater support for their organizational goals.” Maureen Devine weighs in. “I’ve worked with Daphne and Julie for many years on all aspects of this business. I trust them both. Culturally, I believe we are similar- we care about the customer, the people, and the health of the business. I’m confident this will be a perfect union.” Data Facts’ founder and CEO, Daphne Large, happily remarks. “We celebrate a new milestone today as the Data Facts family formally welcomes our highly regarded peer, SIR. Aligning with a firm that complements our approach provides an unparalleled depth of services to exceed client needs and expectations. Their team impresses me, with some of their team offering 20, 30, even 40 years of valuable industry experience. Every SIR and Data Facts employee, under the Data Facts umbrella, will be integral in pushing the boundaries of innovation and creating opportunities to increase client efficiencies.” John McTighe, Data Facts’ Executive Vice-President for the Background Screening division, adds “the connection of our two companies is a classic example of how 1 + 1 really can equal 3. The combination of our two teams will deliver a higher level of service and flexibility for our customers, a louder voice to influence legislative and regulatory activities, and an expansion of our product offerings. Everybody wins!” Bill Shea sums it up. “Data Facts, combined with SIR, is an enterprise capable of adapting to industry changes and expanding customer needs with the vision to bring new products and services to market. What competitor will have more talent, more drive, and inspire more trust than this newly merged entity? No one.” Data Facts and SIR will operate under the Data Facts, Inc. umbrella and remain privately held.
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Driving The Future of Benefits By AUSTIN BAKER
As employees are bringing more of themselves to work, they are expecting more from their employers. They see their employers as responsible for supporting their overall well-being inside and outside of work. In fact, 80% of employers say that benefits play an important role in building and sustaining workplace culture; however, only 67% of employees are actually satisfied with the benefits they receive through their employer. Improved employee benefits are so important, in a study by MetLife, they were rated as the 3rd highest request on employees’ lists — behind salary and a positive work environment — of what they need to navigate their work-life worlds and succeed at work today. The majority of Americans rely on company-provided healthcare benefits to get the coverages they need. Unfortunately, too many businesses fail to offer employee benefits packages that truly speak to their employees. Despite the complicated and confusing benefits landscape of today, new trends in 2019 show employee benefits are shifting to adapt more and more to true employee needs and convenience.
‘‘ 67% …only
of employees are
actually satisfied with the benefits they receive through their employer.”
Supplemental Insurance Voluntary benefits, while supplemental to core benefits like health insurance, are a way to address the unique needs of employees and allow employees to personalize their rewards. Voluntary benefits are appealing to employees because they offer a nice flexibility to their compensation package. As employers are discovering that benefits are not a one-size-fits-all package, voluntary benefits provide a cadre of solutions that can be built for the employee base. Attractive benefits can make the difference between whether a prospective employee accepts a job offer or not. In 2019, employees are demanding more from their benefits packages and the addition of voluntary benefits will be used as a factor in recruitment. Supplemental insurance is much less expensive and is an easy way to offer additional value and coverage over standard core offerings.
Emotional Health Access to behavioral health services has improved tremendously in 2019 and will only continue to rise for the rest of the year. We will see more partnerships between traditional medical and behavioral health carriers on smaller, targeted point solutions such as telehealth counseling, and strategies to combat out-of-network utilization and costs. Underscoring this will be an increase in the number of organizations that step forward with their leadership front and center to commit to improving the conversation around and services for behavioral health. Most recently Starbucks implemented mental health perks into their benefits offerings. It is an employee assistance program, which provides short-term counseling to all U.S. employees, and will be further enhanced with input from employees and mental health experts. 24
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Beginning in the second quarter, Starbucks store managers will begin training inspired by Mental Health First Aid, a program that teaches laymen how to help someone with a mental illness. For a range of emotional, behavioral and mental health issues, employers will address the challenge through onsite and virtual counseling, network expansion where feasible, and the integration of employee assistance programs & mental health benefits. Telemedicine and Virtual Care 2019 is a pivotal year in the adoption of virtual health care as consumers and employers become more comfortable with health care delivered via digital technology. The push for telemedicine has been growing year by year. Telemedicine gives you access to healthcare providers in just a few clicks. Instead of needing to book an appointment with a provider in your local area, you can connect with one virtually through a smart device or your computer. “Nine out of ten large businesses offer some type of virtual health care,” says Dan Trencher, senior vice president of product and corporate strategy, Teledoc Health. “We’re seeing that virtual health care is not a separate and isolated way to access health care; it’s increasingly an element in making access to care convenient to consumers.” Studies have shown that telemedicine and virtual care increases access to behavioral health, improves how specialists are increasingly using telehealth to interact with patients, and improves access and consumer satisfaction with employee health care options. Fifty six percent of companies today already offer some form of telemedicine services to employees, and this number is expected to be close to 100% by 2020.
Digitization of Benefits The rise of the millennial workforce has encouraged employers to seek new ways to communicate with and educate employees. Benefits are a key component of a recruitment and retention strategy, but delivery in a paper format with tedious requirements and hassles can create a negative experience with employees and candidates. Outside of work, employees conduct many of their activities through their phones. As a result, they expect the same ease-to-navigate smartphone applications and electronic interfaces to manage their employer-sponsored benefits plans. Employees respond best to tools that allow visual stimulation, easy comparison and real-time access to information from anywhere. These technology solutions are to be all on a consolidated platform where they can find everything related to their employer in one app. The simplicity and availability of insurance cards, employee handbooks, plan information, etc., are what employees need to best engage them with their company offered benefits. Outsourcing Healthcare Last but not least, many businesses are simply passing the baton to vendors to manage their benefits and enrollments. Outsourcing has become commonplace when it comes to benefits administration. According to the most recent Guardian Workplace Benefits Study, more than 80 percent of employers said they used an external vendor to manage at least one benefits task in 2017, an increase of almost 20 percent in only three years. Nearly 40 percent of companies cited outsourcing as a top benefits administration strategy. Outsourcing saves on overall enrollment costs, reduces the work of HR with benefits, shields against liability, boosts the efficiency and participation in preferred plans, and removes the administrative tasks to give your company the flexibility to grow. The benefits enrollers these firms provide allow your employees to make educated decisions regarding their benefits, increase participation in core and supplemental plans, and enhance the overall employee experience with company funded benefits plans.
Austin Baker, President HRO-Partners
Austin Baker is the President of HRO Partners, a human resources consulting and benefit administration and enrollment firm as well as a National Enrollment Partner Member representing the largest boutique, full service insurance and enrollment firms in the country. A veteran of more than 16 years in the human resources and insurance & benefits industry, Baker is responsible for managing a multifaceted human resources consulting company with public workforce programs and services focused on companies in the southeastern United States. Austin is a frequent speaker on a variety of leadership and benefit topics representing thought leadership and innovative practices in the HR industry. For more information, call Baker at 1-866-822-0123, visit www.hro-partners.com or connect with the company at www.facebook.com/ hropartners, www.linkedin.com/in/jaustinbaker or twitter.com/jaustinbaker. hro-partners.com company/hro-partners
hropartners @hropartners
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Compassion Fatigue: Beyond Burnout When we think about burnout in the workplace—the mental, emotional, and physical exhaustion caused by prolonged stress—what comes to mind? Overactive calendars, piles of emails, deadlines, meetings, and long hours? While these can certainly lead to burnout, for people in caregiver roles, such as health care and social workers, the strains of the job can go far beyond typical burnout. Known as “compassion fatigue”, this condition is the result of caring for sick or traumatized people over long periods of time. Along with the symptoms of burnout, people also experience emotional withdrawal and depletion. This can lead to not only decreased productivity and employee morale, but can also cause the people who are most well versed in providing care to neglect their own needs. It can be easy to confuse burnout and compassion fatigue, and they can co-exist. While both conditions can present with intense physical and mental fatigue, isolation, and a loss of a sense of accomplishment, people suffering from compassion fatigue might also seem to change from their core self. They are susceptible to feelings of overwhelm and loss of hope in the world and their belief systems, problems with controlling their emotions or having changes in their emotional state, changes in their sleep or eating patterns, disconnection, and feelings of self-loathing. Unlike burnout which tends to build up over time, these symptoms can develop suddenly and with less predictability. Caregivers are also less likely to ask for help from others, and feel that their needs come last. In 2008, the Unites States Army Institute of Surgical Research at Fort Sam Houston launched their “Care for the Caregiver” program, designed to assist people who were providing care to wounded service members. This program was designed specifically for compassion fatigue, after it was observed that these caregivers were exhibiting signs of post-traumatic stress, but without having experienced first-hand trauma. According to the Military Families Network in collaboration with Brian Bride Ph.D., addressing compassion fatigue is approach of “A-B-C’s”: awareness of the signs and symptoms, balance of emotional and physical health, and connection with community, family, and life purpose. Compassion fatigue certainly is more likely to impact people working in health and social service professions, but can also impact people who are providing care for family members. It 26
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is becoming more common to have employee who are part of the “sandwich generation” of workers; they are caring for ailing parents as well as their own children. People with high levels of empathy are also at risk, as increased access to constant information about traumatic or violent events on a daily basis can lead to secondary trauma. The different behaviors and changes resulting from compassion fatigue can impact physical and emotional health, productivity, work life, and relationships. Becoming irritable or having emotional outbursts can occur, along with disconnecting from colleagues and patients. Deteriorating self-care and unhealthy coping habits (such as binge eating, overspending, smoking, and substance use) can all contribute to decreased quality of life and increasing medical costs. Properly addressing compassion fatigue requires on-going awareness, engagement and recognizing it as a potential occupational health risk. People experiencing the symptoms might feel confused and isolated, and the onset can be so insidious that they don’t understand why they are feeling the way that they do. Providing education, increasing awareness, and assisting employees in accessing resources can prove to be a valuable strategy for total employee well-being and improving workplace culture. Because caregivers provide an invaluable service to communities, investing in their care and well-being has many positive effects on both individuals and organizations as a whole.
Signs and Symptoms Physical • Insomnia • Feeling ill or in pain often • Decreased self-care (hygiene, appearance, fitness) Mental and emotional • Apathy • Feeling hopeless • Feelings of numbness and isolation
By KATIE O’NEILL
Encouraging awareness: • Administer the Professional Quality of Life Questionnaire (PROQOL), developed specifically to measure compassion fatigue (available in 17 different languages at www. proqol.org) • Provide signage, lunch and learns, and email campaigns to educate employees on resources available (resources available from www.proqol.org and employee assistance programs) • Recognize that all industries can be afflicted with compassion fatigue, as many employees are caring for children and aging family members Environment • Review policies, mission statement, and company values to ensure they are conducive to employees practicing self-care and achieving adequate work/life balance • Provide comprehensive well-being programs for activity, stress management, and healthful eating • Organize company events and clubs for hiking/ walking, yoga, gardening, and other activities that promote stress relief and reflection • Make the healthy choice the easier choice by encouraging healthy cafeteria/vending options, breaks for physical activity, and tobacco free workplaces • Provide a quiet area for employees to have a mental “time out”
Consider the addition of the following benefits: • Digital, telephonic, and on-site emotional resilience programs and programs specialized in compassion fatigue • Services to make day-to-day life easier (back-up child care and elder care services, subsidies for healthy meal delivery programs) • PTO day for self-care
• Violent thoughts • Substance abuse • Difficulty regulating emotions • Impairments in judgement and cognitive abilities • Struggles with beliefs, feelings of security, trust, and intimacy
Katie O’Neill, B.S., D.C. Vice President, Clinical Wellness McGriff Insurance Services Katie.O’Neill@McGriffinsurance.com
Benefits expertise to help manage costs, mitigate risk and engage employees. Strong Carrier Partnerships Innovative Solutions Financial Analytics and Underwriting Valuation Services
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You have our word on it. To learn more, visit McGriffInsurance.com and select Employee Benefits, or call 1-877-682-8510.
Š2019, McGriff Insurance Services, Inc. All rights reserved.
Highlights from Excellence Through Leadership Conference The Crowne Plaza Hotel & Conference Center Atlanta SW Peachtree City, Georgia August 15-16 2019
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1 Charles Little, SHRM-SCP, SPHR, CEO of Strategic HR Partners, welcomed attendees to the conference. He also presented “HR Metrics that HR Leaders Use in Successful Companies.” 2 “Why Should Someone be Led by You?” was Margaret Morford’s topic on Thursday. SHE is CEO of The HR Edge, Inc. She also presented “Management Courage: Having the Heart of Lion” on Friday. 3 Dr. Kimberly Hutton, MD, Chief Medical Officer for CareATC, discussed “Leading Wellness and Cost Containment through On-Site Health Clinics.”
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4 “Amazing Face Reading: Creating an Immediate Connection,” was presented by Mac Fulfer, JD and author.5 Greg Hare, Managing Partner, Ogletree Deakins Atlanta, spoke on “What You Don’t Know Can Hurt You. What’s New in Labor and Employment Law.” 6 Madelyn Brown, Executive Director of Organizational Development and Training at Strategic HR Partners, presented “Your Weakest Link: Training Managers and Supervisors.” 7 “A Proactive Approach to Worker’s Compensation,” was Nathan C. Levy’s topic. He is a partner with Levy, Sibley, Foreman & Speir, LLC.
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8 Patrick DeCoster, AVP Cyber & Professional Liability with Chubb discussed “How Cyber Security will Affect Your Business.” 9 The Strategic HR Partners Team (L-R) Madelyn Brown, Charles Little, and Carol Ward.
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Save the date! The Excellence Through Leadership Conference will be May 7 -8, 2020 at the Crowne Plaza Hotel & Conference Center. Watch our website for updates! www.strategichrpartners.com
Southeast Regional Compensation and Benefits Survey We need your assistance to launch a Southeast Regional Compensation and Benefits Survey! This data will help benchmark your organization against others so that you can design a competitive compensation and benefits strategy to help you retain your best talent. This survey will provide current and relevant data across a variety of critical functions, industries, and organizations in our geographical region.
Why participate in a Compensation & Benefits Survey? • Assess your current compensation plan against others in your region, industry, or by title/skill • Create a competitive compensation program – retain top talent, reduce turnover, increase engagement • Reward high performers – increase motivation and satisfaction • Provide real value to top decision makers using real data – gain credibility, be promotion-ready!
The survey will be used for economic development in all participating states. Here’s the link to access the survey: http://www.strategichrpartners.com/productsservices/pinpoint-survey/
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Compensability of Overnight Travel Time By JOSEPH R. WARD III
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he Fair Labor Standards Act (FLSA) has many nuances that can create legal pitfalls for employers who, through no fault of their own, are unfamiliar with each and every one of its intricate
requirements. One such area is the compensability of a non-exempt employee’s time spent traveling to a location that requires an overnight stay away from his or her home. As a general matter, the FLSA requires employers to pay non-exempt employees for their time spent working. While the FLSA does not explicitly define what constitutes “work,” the Portal-to-Portal Act provides that employers do not need to compensate employees for traveling to and from the actual place of work performance and the employee’s home, and FLSA regulations reiterate that normal travel from home to work is not compensable work time. Thus, these standards make clear that compensable work time generally does not include time spent commuting to or from work.
However, compensation for a non-exempt employee’s travel time that requires an overnight stay is subject to a different FLSA regulation that provides an employee’s time spent driving to a location that keeps the employee away from home overnight is compensable when it cuts across the employee's workday or the employee's regular working hours on nonworking days. The Regulation provides as follows: Travel that keeps an employee away from home overnight is travel away from home. Travel away from home is clearly worktime when it cuts across the employee's workday. The employee is simply substituting travel for other duties. The time is not only hours worked on regular working days during normal working hours but also during the corresponding hours on nonworking days. Thus, if an employee regularly works from 9 a.m. to 5 p.m. from Monday through Friday the travel time during these hours is worktime on Saturday and Sunday as well as on the other days. Regular meal period time is not counted. As an enforcement policy the Divisions will not consider as worktime that time spent in travel away from home outside of regular working hours as a passenger on an airplane, train, boat, bus, or automobile. 29 C.F.R. § 785.39.
Travel away from home is clearly worktime when it cuts across the employee's workday. The employee is simply substituting travel for other duties.
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Imagine that Pete, an hourly employee who regularly works 9 a.m. to 5 p.m., Monday through Friday, leaves work on Friday afternoon at 2 p.m. and drives three hours away from his home community to the location of a training seminar to be held the following day from 9 a.m. to 4 p.m. Immediately following the training seminar, Pete drives the three hours back to his home. Under this scenario, Pete must be compensated for the three hours he spent driving on Friday afternoon and for the one hour he spent driving between 4 p.m. and 5 p.m. on Saturday (whether the time spent at the training seminar is compensable is an issue for another day and the issue is subject to different regulations
focused on not only whether the training was during Pete’s normal hours, but also whether it was job-related, voluntary, and if other work is performed concurrently). What’s more, if Pete had worked a full week leading up to the training seminar, that hour from 4 p.m. to 5 p.m. driving on Saturday would constitute overtime and, therefore, it must be paid at time and one half. While the basic principle is fairly comprehensible, whether travel time should be compensated becomes less clear when the travel time between an employee’s home and the job site is arguably drivable immediately before and after the employee’s shift. For example, it seems objectively reasonable for an employee to drive one hour each way to and from work and less realistic when the travel time is two or more hours each way. In other words, there is room for interpretation as to the threshold amount of time needed to travel away from home to consider it “overnight” travel. The issue becomes even murkier when the non-exempt employee regularly works on jobsites away from their home community for long durations and voluntarily travels to and from his home on his days off rather than staying at the project location. So, if our hypothetical employee Pete is assigned to a worksite three hours away from his home and he travels back and forth on the weekends, there is a possibility that the voluntary travel time would be considered compensable if it occurred during normal work hours. Thus, the employer would be responsible for paying Pete for any hours that he traveled between 9 a.m. and 5 p.m. despite the fact that such travel time was voluntarily undertaken by Pete with no ostensible benefit to his employer.
In determining the issue of whether voluntary overnight travel is compensable, courts analyze whether the employer offered to pay the employee’s living expenses while at remote work sites on nonworking days and whether the employee was aware of that option. If such an option exists and was made known to the employee, then the travel time spent driving to and from remote work sites could only be classified as “voluntary” and, therefore, non-compensable. If, however, the employer did not offer a per diem or stipend to its employees for nonworking days, or if such a policy existed but was never made known to employees, the employee may be entitled to compensation for the “required” travel time home. In practical terms, employers should consider the most effective and efficient means of tracking their employees’ overnight travel time (a practice that in and of itself may present logistical issues) and develop policies that cover such situations including, for example, setting a lower rate of pay for overnight travel time. Of course, any such policies must also comply with minimum wage laws as well as any applicable state laws related to the sufficiency of notice that must be provided to employees prior to changing their rate of compensation.
Joseph R. Ward III, Attorney The Kullman Firm Denver jrw@kullmanlaw.com www.kullmanlaw.com
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TS H G LI H IG H
presented by
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HR Professional Development Credits!
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Meagan Johnson 3:45 p.m. | Wed., Aug. 28 6
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Eric Ellis 8:45 a.m. | Thu., Aug. 29
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Meredith Oliver 12 p.m. | Fri., Aug. 30
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Reducing Implicit Bias Through Reframe: The Power of Vulnerability Zap the Gap: Generational 1 Katie Adams, PHR, Executive Director of KYSHRM, welcomed 2 2019 KYSHRM State 2019Performance KYSHRM Conference Volunteers Effective attendees. Performance Calibration toCouncil Unlock 3Peak Differences Reexamined
4 Malka Kopell, Civic Engagement Consultant and Co-Founder of Civity, led a pre-conference workshop on “Supporting Connection and Conversation Across Difference.” 5 (L-R) Dr. Brad Shuck, Professor of Human Resources at the University of Louisville; and Mark Handley, Training Solutions Director - “The Navigator,” discussed “The Impact of Human Resources on Employee Engagement.” 6 Meredith Oliver with Meredith Communications was the closing keynote speaker. Her topic was “Reframe: The Power of Vulnerability to Unlock Peak Performance.” 7 The ARGI Team. Jeanne Fisher (second from the left) spoke on “Student Loan Repayment Program – The Hottest Benefit Today.”
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8 (L-R) Jay Inman, LaToi Mayo, and Michael Hornback; attorneys with Littler Lexington were speakers at the conference. 9 KYSHRM leaders manned the SHRM Book Nook to raise money for the SHRM Foundation. 10 Brad Federman, CEO of PerformancePoint LLC, led a pre-conference workshop on “The Future Transformation of HR and Organizations.” 11 Eric Ellis, Integrity Development Corporation, was a keynote speaker. He presented “Reducing Implicit Bias Through Effective Performance Calibration.” 12 Carrie Van Daele led a pre-conference workshop on “How to Recognize and Cultivate Next Leaders.” 13 Mack Munro, Boss Builders, presented “How to Develop and Implement.” 14 (L-R) Lyle Hanna, Hanna Resource Group, Amanda Huddleston, Recipient of the 2019 Lyle Hanna Award; and Tiffany Cardwell, 2018 Recipient of the Lyle Hanna Award. 15 Meagan Johnson, a keynote speaker who spoke on “Zap the Generational Differ16 ences Reexamined.” 16 The ADP Team
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Top Labor and Employment Law Attorneys LISTED IN CHAMBERS USA
HR Professionals Magazine congratulates our top labor and employment law attorneys from Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, and Tennessee listed in the 2019 Chambers and Partners Guide. For details about Chambers and Partners research, please visit their website, www.chambersandpartners.com. This list is not exclusive and represents the firms who responded to our inquiry.
Ogletree Deakins Ogletree Deakins is one of the largest labor and employment law firms representing management in all types of employment-related legal matters. Premier client service, as outlined in the firm’s Client Pledge, is one of the firm’s top priorities and a cornerstone of its core values. U.S. News – Best Lawyers® “Best Law Firms” has named Ogletree Deakins a “Law Firm of the Year” for seven consecutive years. In 2019, the publication named Ogletree Deakins its “Law Firm of the Year” in the Litigation - Labor & Employment Law category. Ogletree Deakins has more than 850 attorneys located in 53 offices across the United States and in Europe, Canada, and Mexico. The firm represents a diverse range of clients, from small businesses to Fortune 50 companies. Birmingham, Alabama James C. Pennington is the Managing Shareholder and a founding member of the Birmingham Office of Ogletree Deakins. For more than two decades, he has represented employers in a wide range of labor and employment law matters, including administrative agency charges, federal and state court litigation, union campaigns and collective bargaining. He helps employers avoid workplace disputes by providing management training and developing defensive documentation such as effective employee handbooks, dispute avoidance and resolution policies, and drug and alcohol testing policies and procedures. He is known for helping employers navigate through the intersections of disabilities and leave laws. Atlanta, Georgia Margaret H. Campbell is a shareholder in the Atlanta office and has practiced employment, litigation, and labor law at Ogletree since 1981. An all-around labor and employment lawyer, Meg is particularly recognized for her experience in complex class and collective action litigation, whistleblower investigations and litigation including Sarbanes-Oxley and Dodd-Frank cases, appellate practice, and restrictive covenant law. She has litigated single plaintiff, multi-plaintiff, and class and collective action jury and non-jury cases in federal and state courts around the country. Craig Cleland defends employers in litigation—including class and collective actions—and counsels them in risk management and compliance. He is the former Chair and Co-Chair of the Firm’s Class Action Practice Group. He is also an Adjunct Professor of Law at Georgia State University College of Law, where he teaches Complex Litigation. He has been recognized as a BTI Client Service All-Star twice—one of a small number of employment lawyers in the U.S. who “combine exceptional legal expertise with practical advice, business savvy and creative, effective solutions.” 34
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Homer L. Deakins, Jr. was Managing Shareholder of Ogletree from 1985-2000. He has extensive experience in all aspects of labor relations law and has handled some of the largest and most highly publicized union elections in the United States on behalf of employers. This includes representing management in two major union elections in foreign-owned automobile assembly plants in the United States, where the company won those elections by large margins. He also has created and participated in highly sophisticated labor relations training programs for management personnel and has a wealth of experience in guiding employers through challenging labor-related issues.
Nashville, Tennessee Keith Frazier represents management in the area of labor and employment law, with an emphasis on employment litigation, including collective actions under the FLSA and the ADEA. Frazier has been counsel in over 20 jury trials, and he has experience trying collective actions in federal court before a jury and in an arbitration setting. He has also handled over 40 arbitrations arising under collective bargaining agreements. In 2005, Keith was elected to the Firm’s Board of Directors and served until 2011. He also served a three year term on the Firm’s Board from 2014 until 2017.
New Orleans, Louisiana
Raleigh, North Carolina
Monique Gougisha Doucette joined Ogletree Deakins in 2009 and is a shareholder. She practices primarily in the area of employment litigation and represents management in claims arising under various federal and state employment laws. Monique has significant experience litigating employment matters in a variety of business sectors such as construction, energy, banking and hospitality. She also has expertise in workplace misconduct and sexual harassment issues. Monique regularly conducts customized workplace respect and anti-harassment training for employers.
Gretchen W. Ewalt serves as Of Counsel for the firm and is an advocate for employers. She counsels management on employee discipline and discharge decisions. She defends employers against allegations of race, age, gender, sexual harassment, national origin, and disability claims pending in state and federal courts. She also assists employers in preparing affirmative action plans and in complying with affirmative action regulations. Gretchen has successfully represented clients before various governmental agencies, such as the Equal Employment Opportunity Commission and the North Carolina and U.S. Departments of Labor, including the Office of Federal Contract Compliance Program.
Mark Mallery is the Founding Shareholder of the firm’s office in New Orleans, where he has practiced labor and employment law for over thirty years. Mark has acted as lead counsel on complex disputes, including Sarbanes-Oxley whistleblower claims; pattern and practice and class based claims; collective actions under the FLSA; and class-based discrimination claims. Mark has also litigated a variety of “intellectual property” issues. On the traditional labor side, Mark has represented management in union organizing campaigns, collective bargaining, work stoppages and unfair labor practice charges. Chris Moore is the Office Managing Shareholder of the firm’s New Orleans office and is an advocate for employers. He has successfully defended federal and state law claims of race, sex, religious, age and disability discrimination; breach of contract, wrongful termination, retaliation, defamation, harassment, infliction of emotional distress, misrepresentation, interference with contract, whistleblower, employee benefits and abuse of right claims; state and federal wage claims; family and medical leave claims; unfair labor practices; and labor arbitrations. Chris has also represented management in union organizing campaigns, labor disputes and the defense of unfair labor practice charges.
Tampa, Florida Peter W. Zinober is shareholder and labor & employment lawyer concentrating his practice on the defense of employment discrimination cases in state and federal court, both jury and non-jury, as well as wage and hour, disability discrimination, Sarbanes-Oxley, Dodd-Frank, and other whistleblower defense, age and all other types of employment litigation. Pete also focuses on “traditional” labor management relations law, including the representation of employers in connection with unfair labor practice and representation case proceedings before the National Labor Relations Board, labor and non-union arbitrations, collective bargaining and counseling.
Thomas A. Farr is a Shareholder who concentrates on workplace safety, employment litigation and advice, and constitutional law. He is listed in The Best Lawyers in America and is A-V rated by the Martindale-Hubbell Law Directory. Mr. Farr is listed in the 2002-2015 editions of Business North Carolina’s Legal Elite. In 2007 and 2008, Super Lawyers named Mr. Farr as one of the top 100 lawyers in North Carolina. Mr. Farr was also selected as one of the leading employment lawyers in North Carolina by Chambers USA, America’s Leading Business Lawyers 2004-present editions.
C. Matthew Keen is Managing Shareholder of Ogletree Deakins and has practiced labor and employment law in the Raleigh office of Ogletree Deakins since 1987. His practice has included employment litigation in state and federal courts, representing clients before the National Labor Relations Board and advising clients on equal employment opportunity and wage and hour issues. He has successfully litigated cases to defense verdicts in employment discrimination cases. He has also litigated matters involving ERISA, non-competition and trade secrets, workplace injuries and other contract and tort claims. He has successfully represented clients in dozens of labor and employment arbitrations.
Robert A. Sar is Office Managing Shareholder of the firm’s Raleigh office. Bob assists employers in all areas of labor and employment law, including discrimination, harassment, retaliation, whistle-blowers, wage and hour, class and collective actions, non-competition and non-disclosure covenants, leaves of absence, employment agreements and policies, union labor matters, and workplace safety. He represents diverse industries including higher education, retail, financial, healthcare, pharmaceutical, professional services, hospitality, manufacturing, sales, software and technology. Bob has extensive experience litigating employment matters in state and federal courts.
Phillip J. Strach is a trial lawyer who regularly represents management in labor/employment law and related matters. A significant area of Phil’s representation of employers and management includes advising clients on covenants not to compete and litigating claims involving restrictive covenants, trade secrets, and other business-related litigation. Phil also regularly defends management and employers in employment discrimination cases and counsels management on how to prevent or reduce the risk of these lawsuits.
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Bass, Berry & Sims At Bass, Berry & Sims, positive human relationships and interactions drive business success. Our Labor and Employment team works with public and private companies across a variety of industries, ranging from Fortune 500 companies to small locally owned businesses. As experienced litigators, the team defends employment cases and works with employers to avoid litigation on the frontend through day-to-day counseling and HR training. Our attorneys are regularly involved in matters involving discrimination, retaliation, wrongful discharge, non-competes, FMLA, wage and hour, defamation, employee misclassification and a myriad of other traditional labor issues.
Tim Garrett of Bass, Berry & Sims helps employers solve complex issues related to all aspects of labor and employment law, providing in depth counseling and developing creative solutions to underlying business issues. He is an experienced trial lawyer, defending employers of all sizes in employment litigation claims across the country. His work has ranged from defending a major university during a significant wage and hour collective action involving thousands of employees to the successful defense of a major healthcare provider in a gender discrimination/ retaliation case. In addition, Tim has served as nationwide labor and employment counsel for the largest nonprofit dialysis company in the U.S. Tim has been recognized by Mid-South Super Lawyers for the past ten years, along with Best Lawyers in America® and Chambers USA for many consecutive years. This recognition paired with his experience has earned him a national reputation for counseling employers through the maze of complex employee issues.
Bob Horton, Chair of Bass, Berry & Sims’ Labor & Employment Practice Group, represents management in all areas of labor and employment law. Bob's practice consists primarily of counseling clients regarding employment issues and defending companies against all manner of employment claims throughout the U.S. Bob has substantial jury trial experience and has obtained defense verdicts in discrimination and retaliation lawsuits across the country. With a robust non-compete practice, Bob has assisted employers in drafting non-compete agreements on a state by state basis, enforcing non-compete agreements by way of obtaining injunctive relief, and defending the company and new employees against claims of breach of non-compete agreements with prior employers. Bob assists numerous public companies and executives in the negotiation of employment agreements, as well as executive departures and subsequent issues that arise from equity grants in various forms.
GO CONFIDENTLY. Bass, Berry & Sims listens and responds with creative yet practical counsel. We stay on pace with the complex and rapidly evolving employment landscape, connecting your dynamic human resources needs to proactive strategies. Relationships, reliability, and respect – at the center of our Labor & Employment and Employee Benefits practices.
Stay up-to-date on the latest in HR Law. Visit our blog at bassberryhrlawtalk.com.
Centered to deliver. bassberry.com
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FordHarrison FordHarrison is a labor & employment firm with nearly 200 attorneys in 28 offices, including three affiliate firms. The firm has built a national legal practice as one of the nation's leading defense firms with an exclusive focus on labor law, employment law, litigation, business immigration, employee benefits and executive compensation. Through its global practice group and membership in the global employment law firm alliance, Ius Laboris, FordHarrison provides clients that have multinational operations with a broad range of services related to labor and employment law in over 50 countries throughout the world. FordHarrison is committed to our FH Promise, a set of principles that guides our firm in the delivery of legal services and client communications. For more information on FordHarrison, visit fordharrison.com. Tennessee Louis Britt, Regional Managing Partner of FordHarrison’s Memphis, Nashville, and Dallas offices, concentrates his practice on employment litigation and advice, representing private and public employers in a broad range of employment matters. He handles employment discrimination and harassment cases (Title VII, ADA, ADEA, and FMLA), wage/hour matters, enforcement and defense of restrictive covenants contained in employment agreements, and employmentrelated torts. He is experienced in complex and class action litigation, and has tried cases in state and federal courts across the country. Louis has extensive experience in public sector representation in both litigation and collective bargaining. He received his JD from Tulane University Law School. He is also listed in The Best Lawyers in America. Herb Gerson chairs FordHarrison’s Global Legal Services Practice Group and focuses his practice on managing all areas related to traditional labor and employment issues both local and international. He devotes much of his practice to counseling clients on avoiding employment discrimination claims and developing a positive work environment. Herb is a graduate of Leadership Memphis and a member of the Advisory Board to the Memphis Area Chamber of Commerce. He serves on the Executive Committee of Ius Laboris and chairs the American Oversight Committee. Herb was named an Eminent Practitioner by Chambers USA and is also listed in The Best Lawyers in America. He earned his JD from Emory University School of Law.
John Monroe has represented employers in the litigation and arbitration of virtually every type of claim that may arise out of the employment relationship. These claims include employment discrimination and harassment, breach of contract, unfair competition, misappropriation of trade secrets, claims arising under state and federal wage and hour laws and family medical leave laws, employment/ business torts, claims involving minority shareholder rights and business “divorces.” He is a member of the firm's Executive Committee and serves as the managing partner of the firm's Atlanta office. John earned his JD from the University of North Carolina School of Law. He is also listed in The Best Lawyers in America. Rick Warren handles all aspects of labor and employment law, including traditional labor law, employment litigation, wage and hour matters and workplace safety and serves as the co-chair of the firm’s Restaurant Practice Group. He litigates cases before federal and state courts and administrative agencies throughout the country. He defends both individual and class action cases and has substantial jury trial experience. Rick also handles numerous mediations and arbitrations. He devotes a significant part of his practice to preventive law and advising clients how to avoid/resolve labor and employment disputes and litigation. He earned his JD from the University of Georgia School of Law. He is a fellow of the College of Labor and Employment Lawyers and is also listed in The Best Lawyers in America.
Florida Allen McKenna, FordHarrison’s Managing Partner, oversees the firm's strategy and operations for all of its offices. Al is a traditional labor lawyer with extensive experience advising clients on the legal issues related to union campaigns, collective bargaining, arbitrations, and hearings and trials before the National Labor Relations Board. Al is also an experienced trial lawyer, having tried employment related cases in state and federal courts. He represents a broad array of employers in a variety of industries all across America, but focuses his practice on representing hospitals and long term care facilities. He earned his JD from Ohio Northern University College of Law.
Georgia Patricia Griffith concentrates her practice on employment litigation, including individual and class action discrimination and harassment cases, employment contracts, wage/hour claims, and other employment-related actions. She tries cases in federal and state courts and before administrative agencies and arbitrators. She has substantial jury and class certification experience. She is adept at mediating disputes, reducing the likelihood of protracted litigation, and serves as an arbitrator for the State Bar of Georgia. Patricia earned her JD from the University of Georgia School of Law. She is also listed in The Best Lawyers in America.
Aaron Zandy serves as the Office Managing Partner for FordHarrison's Orlando office and represents employers and management in all areas of traditional labor and employment law. Aaron is an experienced trial lawyer, having tried a variety of discrimination, harassment, and retaliation claims under federal and state law. He also has extensive traditional labor law experience, including collective bargaining, legal issues relating to union campaigns, and labor arbitrations. As a certified Senior Professional in Human Resources (SPHR), Aaron provides around-the-clock, proactive, and common sense counseling and guidance to employers on every aspect of the employer-employee relationship. He earned his JD from Ohio Northern University College of Law.
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Wright, Lindsey & Jennings LLP Wright Lindsey Jennings’ Labor and Employment team has management-oriented practices addressing all aspects of the employee/ employer relationship. The team has extensive experience litigating and arbitrating employment and civil rights claims, in addition to state law claims. Our attorneys defend clients in multi-plaintiff, collective action and class action lawsuits, as well as Department of Labor and EEOC investigations. WLJ’s team provides advice and counsel to clients regarding a variety of day-to-day matters and represents clients in labor arbitrations, union elections and contract negotiations. We offer proactive and preventive resources for HR professionals, including employee and manager training, e-newsletters, employment law luncheons and webinars, and website articles.
John D. Davis concentrates his Little Rock-based practice in the areas of labor and employment law and workers’ compensation. He spends a considerable amount of his time advising clients in connection with a variety of employment-related matters, including terminations, severance agreements, wage and hour issues, union avoidance, union negotiations, arbitrations, personnel policies and compliance with federal, state and local employment laws. Davis has received an AV® Preeminent™ 5.0 out of 5 Peer Review Rating through Martindale-Hubbell, and is listed among The Best Lawyers in America©, Chambers USA and Mid-South Super Lawyers.
Jane A. Kim’s practice centers on defending employers in state and federal court litigation involving claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Family and Medical Leave Act and the Age Discrimination in Employment Act. Kim also advises and provides training to employers on compliance with civil rights law. Kim is recognized by Chambers USA as a “Leader in Their Field,” has been listed in Mid-South Super Lawyers since 2013 and was named to The Best Lawyers in America© in 2019. Kim chairs Wright Lindsey Jennings’ Committee on Associates and was named to Arkansas Business’ “40 Under 40” list of business leaders in 2018.
Stuart Jackson advises employers on compliance with civil rights laws and developing personnel policies (including medical marijuana policies), employment agreements and covenants not to compete. As of late, he has been focused on helping businesses prepare for medical marijuana and defending wage and hour collective/class actions. Jackson defends employers in federal and state court litigation and appeals involving claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Family and Medical Leave Act and the Arkansas Civil Rights Act. Jackson is listed among The Best Lawyers in America©, Chambers USA “Leaders in Their Field” and Mid-South Super Lawyers, and has an AV® Preeminent™ Peer Review Rating through Martindale-Hubbell.
Lee J. Muldrow has been engaged in general litigation and workers’ compensation defense in Little Rock for more than thirty years. His litigation practice primarily involves a wide variety of insurance defense cases, including copyright, trademark and trade dress litigation. His workers’ compensation practice entails representing employers, self-insured companies and insurance carriers. Muldrow is listed in The Best Lawyers in America© in the areas of “Worker’s Compensation Law” and “Health Law,” Chambers USA and Mid-South Super Lawyers. He has also received an AV® Preeminent™ 5.0 out of 5 Peer Review Rating through Martindale-Hubbell.
Michelle Kaemmerling has been practicing with Wright Lindsey Jennings since relocating to her hometown of Little Rock in 2001. Her practice focuses on employment investigations and litigation, including class actions and collective actions. Kaemmerling regularly provides advice and training regarding employment law compliance. In addition to her employment practice, Kaemmerling leads WLJ e-Discovery Solutions, the firm’s electronic discovery division. She also serves in firm management as leader of the Labor & Employment team. Kaemmerling has been recognized by The Best Lawyers in America©, Mid-South Super Lawyers and as a “Leader in the Field” by Chambers USA.
Troy Price has earned a reputation as one of Arkansas’ most experienced and highly regarded appellate lawyers. Price has handled more than 50 appeals in state and federal courts and has presented oral arguments more than 15 times in appeals before the Arkansas Supreme Court and Court of Appeals, the Eighth Circuit Court of Appeals and the Eleventh Circuit Court of Appeals. He is also admitted to practice before the Supreme Court of the United States. In addition to focusing on ERISA and other employee benefits litigation in his practice, Price is also recognized as an authority in First Amendment law. Price is listed among The Best Lawyers in America©, Chambers USA “Leaders in Their Field” and Mid-South Super Lawyers.
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Cross, Gunter, Witherspoon & Galchus, P.C. Chambers USA has named Cross, Gunter, Witherspoon & Galchus, P.C. (CGWG) a leading Labor and Employment law firm in the state of Arkansas with a "Band 1" ranking for the fourteenth consecutive year. CGWG’s team of attorneys provides innovative and unique solutions for today’s fast-paced and evolving legal environment. We are a female majority owned law firm and we have been repeatedly recognized for our family friendly and work life balance initiatives. Respect for employees and an emphasis on work-life balance are hallmarks of our business and we use our experience to help clients meet their diversity goals and mandates.
Missy McJunkins Duke practices in the areas of labor and employment law, education law, and school district litigation. Ms. Duke was appointed by former Arkansas Governor Mike Beebe as Special Associate Justice of the Arkansas Supreme Court and as a member of the Arkansas Advisory Committee to the United States Commission on Civil Rights. The Arkansas Supreme Court appointed her to the Arkansas State Board of Law Examiners and the CLE Board. Ms. Duke is active in the community, currently serving on multiple boards in Little Rock. She was named an Arkansas Business 40 Under 40 in 2011 and is also listed in Mid-South Super Lawyers, Chambers USA and Best Lawyers in America.
J. Bruce Cross practices in the areas of labor and employment defense law. Mr. Cross served as Chairman of the National Legislative Committee of the Associated Builders and Contractors of America. He is a recipient of the 2017 Albert Nelson Marquis Lifetime Achievement Award and is one of the Who’s Who Legal’s Top 100 Labor and Employment Lawyers, the only one in Arkansas. Mr. Cross is listed among the top lawyers in the nation by Mid-South Super Lawyers, Chambers USA, and Best Lawyers in America, and was named to the Mid-South Super Lawyers Top 50 list of attorneys in Arkansas. He is also a Fellow in the College of Labor and Employment Lawyers.
Carolyn B. Witherspoon practices in the areas of labor and employment defense, transportation law and government law. Ms. Witherspoon is a member of the prestigious Union Internationale des Avocats, an international society of legal professionals recognized before the United Nations; and also serves as an arbitrator for the Court of Arbitration or Sport. Ms. Witherspoon is a 2005 recipient of the Charles L. Carpenter Memorial Award from the Arkansas Bar Association and is listed among the top lawyers in the nation by Mid-South Super Lawyers, Chambers USA, and Best Lawyers in America, and was named to the Mid-South Super Lawyers Top 50 list of attorneys in Arkansas. She is a Fellow in the College of Labor and Employment Lawyers. Carolyn is also a member of the Arkansas Women’s Hall of Fame.
Amber Wilson Bagley is a Director in the firm of Cross, Gunter, Witherspoon & Galchus, P.C., practicing in the areas of Employment Law, Commercial Litigation, Health Care Law, and Municipal Law. Chambers USA and Best Lawyers in America have included her in their lists of honorees, and Soirée Magazine has selected her as one of the “Best Lawyers in Little Rock.” Amber is active in her community, serving as a member of the Rotary Club of Little Rock, sustainer member of the Junior League of Little Rock, and a member at Immanuel Baptist Church.
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Evans Petree PC The attorneys in the labor and employment group have extensive experience in representing clients in all types of employmentrelated disputes. We advise both organizations and individuals in understanding their rights under evolving federal, state, and local employment laws. Evans Petree PC was founded over 100 years ago and is a full-service law firm composed of 44 attorneys. The firm represents a diverse local, national and international clientele. We offer counsel in a wide variety of practice areas including corporate, private equity/transactional, real estate, banking, construction, litigation, employment law, private client, tax planning, wills and estates, health care, family law and employee benefits. Michael R. Marshall is the co-leader of the Labor and Employment Law Practice Group and uses his experience in other arenas to reach solutions and resolutions to his clients’ disputes. When no resolution is possible, Mike is a zealous advocate in the courtroom. He has extensive experience in litigating and resolving employment matters and other business-related disputes. He has received an AV rating from Martindale-Hubbell, was recently selected by his peers for inclusion in The Best Lawyers in America 2020 in the fields of Litigation-Labor and Employment and Employment Law-Management for the third year, and been selected to the Mid-South Super Lawyers list every year since 2015.
More than experience. More than advocacy.
MORE THAN L AW.
W. Kerby Bowling serves as co-leader of the Labor and Employment Law Practice Group. He worked at Kellogg as a unionized laborer before campaigning against organized labor. He assists clients in remaining non-union and avoiding employment litigation. Mr. Bowling is AV rated by MartindaleHubbell and has been selected for inclusion in The Best Lawyers in America 2020 for Administrative/Regulatory Law and Labor Law-Management for the eighth year and as a Power Player in Employment Law from Inside Memphis Business for the sixth year. He is also on the Board of the National Foundation for Transplants. Charles W. ‘Chip’ Cavagnaro, Jr. represents management in state and federal courts in all aspects of labor and employment law, as well as before numerous government agencies. His clientele ranges from small companies to multinational corporations. By using his experience in the courtroom and before administrative agencies, he has been able to formulate policies and practices that address the challenges faced by employers through claims of discrimination or unfair treatment. He can effectively advise the firm’s clientele on reducing the risk of employment litigation. He was recently selected by his peers for inclusion in The Best Lawyers in America 2020 in the area of Labor and Employment Litigation for the fifth year. L. Clayton Culpepper III serves as counsel for a number of businesses and aggressively advocates for his clients. He has litigated cases from Tennessee to California, in federal and state courts, in front of both juries and judges. Clay represents and counsels clients in both business/commercial litigation as well as significant personal injury. He has been selected to the Mid-South Super Lawyers list since 2013 and has been selected by his peers for inclusion in The Best Lawyers in America since 2016. He is also a member of the 2012 Memphis Business Journal’s Top 40 Under 40 Class. 42
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E VA N S P E T R E E . C O M
The Kullman Firm The Kullman Firm has exclusively represented management in labor and employment matters since 1946, including matters relating to Title VII, the ADA, ADEA, FMLA, FLSA, OSHA, ERISA, COBRA, OFCCP, NLRA, WARN and other federal and state employment laws. The Firm represents clients in a wide range of industries, which provides it with a sound understanding of the general business practices of a vast array companies. With this experience, the Firm is able to provide proactive legal advice to help clients achieve their business goals while complying with applicable law.
Ernest R. Malone, Jr. – Mr. Malone has represented management exclusively for over 40 years in labor and employment law matters. He advises management in the employment dimensions of strategic planning, the development and administration of employment practices, policies, mergers, acquisitions, and divestitures, compliance with employment and antidiscrimination laws, as well union organizing and NLRB elections. He is an experienced trial lawyer, and regularly represents employers in labor negotiations and arbitrations. Mr. Malone was recently recognized by Best Lawyers in America® for having been selected by his peers as the "Lawyer of the Year" in the 2019 Edition for his work in Labor Law - Management in New Orleans. He has also has been recognized by Super Lawyers® and Chambers USA for many consecutive years, and by Best Lawyers in America® for his work in Employment Law (Management) and Labor Law (Management.)
Samuel Zurik, III is experienced in representing employers in a wide range of employment matters. He concentrates his practice in defending employers in employment litigation and arbitration of employment claims, including all categories of alleged discrimination and harassment, Fair Labor Standards Act/wage-hour litigation, wrongful termination, whistleblower, and breach of contract. Mr. Zurik has acted as lead counsel on complex disputes, including Sarbanes-Oxley whistleblower claims before the Office of Administrative Law Judges; collective actions under the Fair Labor Standards Act; and class-based discrimination claims and pattern and practice claims prosecuted by the Equal Employment Opportunity Commission. Mr. Zurik has defended claims in 49 states.
Howard S. Linzy has been lead counsel in a large number and variety of NLRB representation and decertification elections, union organizing drives, and contract negotiations for companies in units ranging from a few employees to several thousand employees. He is an experienced trainer of managers and supervisors in the fundamentals of employee relations and in providing advice on compliance with employment discrimination laws, Wage and Hour regulations, matters before the NLRB, and the employment aspects of mergers, acquisitions, and sales.
Taylor B. Smith - Mr. Smith has 50 years of experience in the practice of law. He is a Fellow of the American College of Trial Lawyers and is listed in The Best Lawyers in America®. He also has been identified as a Mid-South Super Lawyer by Mid-South Magazine, and he is one of only two lawyers in Mississippi meriting the rating of “Star Individual” in Chambers and Partners.
One Area of Practice. One Focus. The Kullman Firm has engaged in the practice of labor and employment law on behalf of management since 1946. Employment Discrimination Litigation Wrongful Discharge Litigation Collective Bargaining Negotiations Labor and ADR Arbitrations Union Representation Cases
OSHA Wage and Hour Law OFCCP/Affirmative Action ERISA/Employee Benefits FMLA Compliance
Offices in Louisiana, Mississippi, Alabama, Tennessee, Florida, and Colorado.
www.kullmanlaw.com
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Littler Mendelson, P.C. With more than 1,500 labor and employment attorneys in offices around the world, Littler provides workplace solutions that are local, everywhere. Our diverse team and proprietary technology foster a culture that celebrates original thinking, delivering groundbreaking innovation that prepares employers for what’s happening today, and what’s likely to happen tomorrow. For more information, visit www.littler.com.
Tennessee Jonathan E. Kaplan is a shareholder in Littler’s Memphis office. He has devoted his entire career to representing management clients exclusively in all areas of labor relations, employment law, and human resources management. His practice spans litigation, training, and consulting, in which he has handled matters in more than 40 states and Canada. Jonathan practices extensively before the NLRB across the country, and also has been admitted specially to practice before the state courts in California, Florida, Illinois, Indiana, Kentucky, Michigan, New York, and Ohio. He also is a frequent speaker before management and legal groups and has published numerous articles on labor and employment issues.
Jennifer B. Robinson is office managing shareholder in Littler’s Nashville office and co-chair of the firm’s Hospitality Industry Group. She has been the lead defense attorney in nearly 40 wage and hour class and/or collective actions involving claims of misclassification, overtime and minimum wage violations, and missed meal and rest breaks. She also counsels, trains and conducts audits for clients to ensure compliance with federal and state wage and hour laws. In addition to her wage and hour practice, Jennifer defends employers in single and multi-plaintiff lawsuits involving claims of discrimination, harassment, failure to accommodate and breach of contract.
Paul E. Prather is a shareholder in Littler’s Memphis office. He represents management exclusively in all areas of employment and labor relations, including state and federal employment litigation and in administrative proceedings before the National Labor Relations Board, the Equal Employment Opportunity Commission and the United States Department of Labor. With more than 30 years of success in defense litigation, including jury trials, he is a frequent lecturer and author for management and legal groups on labor and employment law issues.
C. Eric Stevens is a shareholder in Littler’s Nashville office. He has over 30 years of experience representing clients - focusing on healthcare and financial institutions - in labor relations and employment litigation. He represents both union and non-union employers, providing counseling to avoid litigation as well as defending clients in both court and administrative proceedings. Eric regularly speaks to industry groups and business roundtables on new developments in the law and issues that can directly affect their operations. He provides training on discrimination, harassment, wage and hour and related topics for private employers, public employers and governmental entities.
Tanja L. Thompson is office managing shareholder in Littler’s Memphis office, co-chair of the firm’s Traditional Labor Practice Group and a member of the firm's Board of Directors. She dedicates her practice to representing companies in the area of traditional labor law. National Fortune 500 companies as well as local employers across various industries, such as manufacturing, healthcare, and services, seek her expertise in remaining union-free and in managing their union-represented workplaces. Her union-free efforts include campaigns, comprehensive union vulnerability assessments, human relations audits, communication strategies, and union avoidance and positive employee relations training.
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Florida Patrick DeBlasio is a shareholder in the Miami office. He represents employers in all aspects of employment litigation, including claims arising under Title VII; the Age Discrimination in Employment Act; the Americans with Disabilities Act; and other employment laws. He also has significant experience defending employers in single plaintiff and collective actions under the Fair Labor Standards Act; conducting wage and hour audits; handling restrictive covenants; and representing employers in proceedings before the Department of Labor and similar agencies, in state and federal court, and in arbitration. Additionally, Patrick provides general advice and counseling on employment matters and regularly speaks before industry groups and associations on employment-related topics.
Kentucky Jay Inman is a shareholder representing employers throughout Kentucky and Tennessee in a full range of labor and employment law matters arising under federal, state, and local laws. He provides advice, counsel, and training for employers of all sizes, and he has assisted clients with administrative agency investigations and charges, as well as represented clients at various stages of litigation, including trial and, if necessary, appeal. Jay’s industries of emphasis include education, healthcare, hospitality, and manufacturing. Jay has obtained favorable results for clients in federal and state courts and before the Equal Employment Opportunity Commission, Kentucky Commission on Human Rights, and Kentucky Labor Cabinet. LaToi Mayo is a shareholder in the Lexington Office. She has advised, counseled and defended employers in regard to labor, employment and immigration matters for the past 18 years. She has successfully litigated single plaintiff discrimination and wage and hour claims as well as class and collective actions in both state and federal court. LaToi has also successfully handled investigations and charges on employer’s behalf before administrative agencies like the Department of Labor, EEOC, and NLRB and similar state agencies. Working most frequently with manufacturers, health care facilities, and local city governments, LaToi has notable experience in enforcing and/or advising clients on arbitration agreements, restrictive covenants and wage and hour compliance issues. LaToi routinely presents at seminars, focusing on labor, employment and immigration topics for a variety of professional organizations in Kentucky. She also provides training for managers, supervisors and general workforce and provides compliance counseling.
Lisa "Lee" A. Schreter is a shareholder in Littler’s Atlanta office. She is co-chair of the Wage and Hour Practice Group and former chairperson of Littler's Board of Directors. She focuses on representing employers in complex class and collective actions involving overtime and other wage-related claims and specializes in helping employers to develop forward-thinking compliance measures that reduce wage and hour disputes and other employment-related issues. She also represents and counsels management clients in connection with all other types of labor and employment matters arising under federal and state laws such as the Fair Labor Standards Act, the Equal Pay Act, the Service Contract Act and state law wage and hour requirements.
Daniel Turner is a shareholder in Littler’s Atlanta office. He counsels and represents employers in all aspects of litigation in employment law issues, including discrimination, harassment, retaliation, wage and hour, and leaves of absence. Serving as lead counsel in more than 50 class and collective actions throughout the country, he has litigated cases under the Title VII and Section 1981 of the Civil Rights Act, the Age Discrimination in Employment Act, the Fair Labor Standards Act and various wage and hour laws. Dan's extensive litigation practice also includes state law tort, contract, restrictive covenant claims, and various types of civil rights litigation.
Atlanta Leslie A. Dent is a shareholder in Littler’s Atlanta office. She is an experienced trial lawyer who has successfully tried cases ranging from individual discrimination matters to complex wage and hour class actions. She represents employers in class and collective actions involving off-the-clock claims, challenges to exempt status and other wage-related claims, as well as Rule 23 class actions alleging discrimination claims. Leslie counsels and represents employers on a broad range of employment law issues, including discrimination, harassment, retaliation, and leave laws. She has extensive experience conducting and supervising internal investigations and defending whistleblower and retaliation claims, including Dodd Frank and False Claims Act claims. L. Traywick Duffie is a shareholder in Littler’s Atlanta office. He represents corporate clients in a broad range of employment and labor law, including employment litigation, union organizing, wage and hour and Employee Retirement Income Security Act matters. He has successfully defended numerous class and collective matters and countered union organizing campaigns in more than 40 states. He has successfully defended single plaintiff, multiple plaintiff and class action litigation involving, race, age, sex, pregnancy, disability, retaliation, ERISA, whistleblowing, covenants not to compete and state law contract claims.
Arkansas Eva C. Madison is a shareholder in Littler’s Fayetteville office. She represents and advises employers of all sizes in all aspects of employment law, primarily focusing on employment litigation, ranging from singleplaintiff cases to multiple-plaintiff, class, and collective action cases. Practicing in state and federal courts and before the U.S. Equal Employment Opportunity Commission, the U.S. Department of Labor, and the Arkansas Department of Labor, she has handled matters involving race, gender, national origin, religion, disability, and age discrimination and harassment under Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Arkansas Civil Rights Act, the Family and Medical Leave Act, the Fair Labor Standards Act, and the Arkansas Minimum Wage Act.
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Why Weren’t Managers and/or Owners of Raided Mississippi Plants Arrested? By BRUCE BUCHANAN
In highly publicized news, on August 8, 2019, Immigration and Customs Enforcement (ICE), acting through Homeland Security Investigations (HSI), raided food processing plants for four companies, Koch Foods, Peco Foods, PH Food, Inc., and A&B Inc. in small towns near Jackson, MS and detained 680 mostly Latino workers.
determine as fraudulent. The standard is whether it appears genuine and relate to the person. This is not a high standard. Employers are not required to put documents “under a black light.”
Why weren’t Food Processing Plants’ Managers and/or Owners Arrested?
So, what kind of records and documents was HSI looking for in these raids with criminal search warrant? The following are some of the documents sought:
One of the prominent questions related to the raids discussed on social media as well as media is - why weren’t managers and/or owners of these plants arrested? A great question as one is watching 680 poultry employees being detained and led out of the plants on their way to detention facilities. There is no doubt that the companies are under investigation by ICE. If not, ICE would not have sought or received criminal search warrants. The simple reason is the companies are still under investigation and HSI agents are carefully analyzing the millions of pages of documents obtained from the companies through the criminal search warrants. Most likely, after this analysis, many managers of these plants will be indicted by federal authorities. As for the owners, the government will need to show their involvement and knowledge of the hiring and employing of undocumented workers. Remember, an employer only violates the law when it knowingly, either actual of constructive, hires and/or employs undocumented workers. Often, undocumented workers obtain “fake papers” from counterfeiters. These “fake papers” are difficult for a lay person to 46
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Records Sought Through Criminal Search Warrant
1. All documents, records, and implements (whether in electronic or hard-copy format), information and communication relating to violations [concerning] Unlawful Employment of Aliens, Fraud and misuse of visas, [work] permits, and other documents to gain employment, Fraud in connection with identification documents, authentications features, and information, False statements to obtain benefits or employment, and Use of Unauthorized Social Security Number; 2. Labor and employment records including service agreements, independent contractor agreements, I-9s, volunteer worker agreements and statements, lists of workers (paid or unpaid), job assignment sheets, duty rosters, employment applications, personnel files, worker identification documents, and electronic communications related to the same;
3. Business records including payroll records, timesheets, lists of employees, communications with outside payroll services providers; bank records, financial statements, bookkeeping/accounting records, and notes, including records disclosing the identity and purpose of all deposits, withdrawals, debit and credit memos, interest received on the accounts; 4. Identification documents including driver's licenses, state identification cards, birth certificates, Social Security cards, Permanent Resident cards, or any other documents that may be used to enter, remain, or work in the United States, including counterfeit immigration documents and/or seals;
Conclusion These are crazy times for employers. There is stricter enforcement of immigration laws against employers, more state laws involving immigration and employment, and more lawsuits filed by employees or ex-employees. There is no doubt that ICE has increased enforcement and will continue to increase worksite enforcement. Thus, employers need to become proactive in immigration compliance as opposed to reactive. As an employer, you don’t want to face an ICE raid. The disruption caused by ICE raids of employers can be significant, causing temporary shutdown of operations as so many employees are detained that can’t run the plant, and civil and criminal charges for employers who knew the employees were undocumented.
5. Any and all correspondence to or from PH Food, Inc. and the U.S. Department of Labor, Social Security Administration and the IRS with regard to employee identification documentation provided by PH Food, Inc.; Bruce E. Buchanan, Attorney
6. Employee identification cards and copies of employee identification cards; 7. Documentation of business ownership, organization, and control including articles of incorporation and corporate minutes;
Siskind Susser PC bbuchanan@visalaw.com www.visalaw.com
SISKIND SUSSER PC
8. United States or foreign passports, visas;
Tennessee’s Largest 9. Evidence of who used, owned, or controlled the computer at the time the things described in this warrant were created, edited, or deleted.
Results of Other ICE Raids After the analysis of these documents, I fully expect a number of indictments against managers of these plants. In worksite raids or investigations, often managers and owners are indicted and found guilty or plead guilty. After the raid at Southeastern Provision in Bean Station, TN in April 2018, the owner, James Brantley, was indicted and pled guilty to knowingly employing undocumented workers and tax fraud. He has paid $1.4 million in restitution and is serving 18 months in prison. In raided employers at Postville, IA and Laurel, MS back in about 2008, managers were charged, convicted and sent to prison. In large scale fraud investigations at Asplundh and Waste Management over the past few years, managers have been convicted and served time in jail.
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September 5, 2019, 11:30 AM Crescent Club, 6075 Poplar Ave #909, Memphis, TN
The McGriff Insurance Team in Memphis (L-R) Jonathan Frisch, Pam Coley, Marcy Tashie, Christy Showalter and Paul Barcroft Christy was the luncheon speaker at the September meeting of the Greater Memphis Employee Benefits Council. Her topic was “Million Dollar Plan Mistakes.”
Embracing our diversity. Elevating your outcomes. At littler, diversity and inclusion aren’t just nice-sounding buzzwords - they’re core values we live and breathe. Because we believe that by bringing together different backgrounds, perspectives, and experiences, we can improve our ideas. Expand our knowledge. And continue to create stronger labor and employment law solutions for our clients every day.
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Stop Talking and Start Influencing by Dr. Jared Cooney Horvath
Multitasking is actually not possible . . . Rarely has a book caught and held my attention as quickly as this one. Let me put it this way; if you want to better understand how to impart knowledge and positively impact others, you need this book! Stop Talking Start Influencing: 12 Insights from Brain Science to Make Your Message Stick by Dr. Jared Cooney Horvath, is the most engaging and practical guide about how and why our brains work you will ever read! Perhaps a better way to say it comes directly from an endorsement in the book; “You don’t read this book, you experience it!” PowerPoint Presentations Need Change! Despite its business-like title, Stop Talking, Start Influencing is a wonderfully enjoyable foray into how and why the brain functions. From the very first page Dr. Horvath offers us a candid view of brain science and its direct applications within business and education. Take for example the presentation programPowerPoint; a visual design we all have come to use and rely upon. Here, we assume content and imagery blend. Even seasoned instructional designers are taught the intri-
only one practical point of entry for us. Early on, readers will encounter the misinterpretations about reading, conversation, speech formation, mental stressors, cognition and recall each of us has. What is Going On? As an expert in Educational Neuroscience, Dr. Horvath certainly understands the nuances of brain function but it is his ability to explain those subtle gradations in an entertaining, matter-of-fact manner has endeared him to those in education and industry alike. Throughout Stop Talking, Start Influencing, the author introduces us to different parts of the brain, addressing topics such as how space, sound, and context influence memory. He describes why we cannot text while carrying on a conversation but why we can listen to music while driving. Why is it also that when our conscious is speaking to us it appears identical to our own voice but whenever we remember a song, we hear it in the singer’s voice. But every idea that he introduces is shaped around implications for business and teaching. And most importantly, he teaches us the 12 core concepts of how people think, learn and remember. As an example, can you name all the human senses and the purpose for each? Well, if you named the big five- the faculties of sight, smell, hearing, taste, and touch, you would only be partially correct. There are many more and each influences our ability to effectively influence others. Can You Multitask?
cacies of slide design yet are rarely instructed about the potential fallacies of this process. In other words, to question what makes a slide effective to the viewer and why. As an example, we all include visuals and bullet points when, in fact, maybe only the visual is needed. For many, this concept flies in the face of accepted norms doesn’t it? Yet, our author offers one of the best explanations for why too much text during a presentation can hinder understanding. He carefully combines explanations of the underlying neuroscience with practical tips on how to present things more clearly. PowerPoint, as it turns out, serves as
This book also takes you through more familiar territory, such as errors, feedback and misconceptions. Take, for example, multitasking; a function of memory, which we each pride ourselves in being able to do, is actually not possible. As disappointing as this may be, our brains simply won’t allow it. Instead, a different rule-set called “task-switching” takes over. This same fallacy can also be said for memory; the faculty by which the mind stores and processes information. We have always assumed that memory retrieval comes from one area of the brain as a singular event, when in fact, memories come from many different parts of the brain and for very specific reasons. Regardless of how we thought multitasking or memory occurs, Dr. Horvath explains exactly what these reasons are and how we can use the information to our betterment.
By WILLIAM CARMICHAEL
Each discussion is also rooted in neuroscience, which readers will find refreshing and thought-provoking. Structure and Layout At first glance the book resembles a textbook but this is delightfully deceiving. Its twelve short chapters or insights can easily be read over a weekend although I found it to be a page turner. Linear by design, Dr. Horvath promises foundations explored in this book are supported by scientific research, and everything will make perfect sense by the time you reach the end. Interspersed throughout the pages are diagrams, activities, clearly explained concepts and, most importantly, a sense of humor. What will make it most appealing to readers however is a repetitive schema found within each chapter consisting of: - Implications for leaders, teachers and coaches - Fundamentals of concepts - Applications As an experienced educational neuroscientist and university professor, our author does not assume readers will simply take his word for it. Significant medical research and findings are evidenced throughout. Now for our HR and legal readers out there who are interested in improving their speaking and presentation skills, Stop Talking Start Influencing: 12 Insights from Brain Science to Make Your Message Stick will introduce you to approaches you can immediately use! Who Will Benefit Most from This Book? Managers, HR Professionals, Speakers, Trainers, Teachers and Instructional Designers ABOUT THE AUTHOR:
Dr. Jared Cooney Horvath, PhD, MEd, is an expert in the field of Educational Neuroscience. He has conducted research and lectured at Harvard University, Harvard Medical School, the University of Melbourne, and over 100 schools across four continents.
William Carmichael, Ed.D Professor | Strayer University William.carmichael@strayer.edu www.strayer.edu www.HRProfessionalsMagazine.com
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A Great Place to Work - The SFBLI Experience! Engagement went from 59% to 74% By MATT GINN
Southern Farm Bureau Life Insurance Company (SFBLI) has been on a journey to improving the health of our workplace, and its employees and their families since 2007. We have used a variety of innovations and best practice tools to enhance our efforts by showing improvements in our culture, engagement, health outcomes, and financial impacts through our SFBLI WellnessWorks! Program. Our executive team has shown tremendous leadership in dedicating staff and resources toward employer health management and overall wellbeing. We have reviewed and expanded our consultants, hired a dedicated initiative leader, and added more value-based vendors within our self-insured health plan. Over the years, integrating our internal efforts, picking the right partners, and elevating the expectations of our external partners have been critical factors in our realized success. Starting this journey over ten years ago, our vice president of human resources, Billy Sims, paired me with Murray Harber, to develop a robust and integrated health promotion program. We started our efforts Program in 2008 by completing the HERO Employee Health Management Scorecard, where we scored around 20% in offering a comprehensive EHM program. Every year, we created a strategic plan to help us become more comprehensive by identifying areas of opportunity and working on implementing tactics that our leadership supported. Currently, we score over 80% in offering a comprehensive model where our leadership, management, supervisors, and employees are engaged in their work and in being healthier. While we still have
more to accomplish, we are proud of what we have built and enjoyed sharing with other employers locally, regionally, and nationally. We have won the Mississippi Healthiest Workplace Award for many years and have been recognized nationally for our efforts. In early September, we were able to attend the HERO Forum Health Enhancement Resource Organization, the creator of the HERO EHM Scorecard. This organization is made up of the leading companies and vendors who use best practices to gain meaningful results in an employer’s population health, health costs, and shareholder value. At this event, we were awarded an Honorable Mention in the annual C. Everett Koop Award where there were seven Honorable Mentions, and two winners who showed excellence in providing evidence-based best practices in employer health promotion were announced. We are proud to be in the Top 10 of the Healthiest Workplaces in the United States. Our goal is to work toward becoming the overall winner of the award. Of course, our ultimate goal is that we continue to be the workplace of choice by attracting, training, engaging, and retaining the top talent for our organization. Earlier this year, we were selected as a Great Place to Work by the Gallup, where our engagement went from 59% to 74%. We work with many other departments and integrate our efforts to the best of our ability where the end-user - our employees have access to information, programs, and resources to the best person and employee that they can be.
Matt Ginn, Manager of Corporate Communications, Training, and Health Promotion Southern Farm Bureau Life Insurance mginn@sfbli.com www.sfbli.com
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www.HRProfessionalsMagazine.com
Photography by Krisandra Evans and Caitlin Podaras
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1 Jeff Nischwitz kicked off the conference with his morning keynote session, “Stop Telling and Start Showing: The Secret for Building Great Cultures,” inspiring attendees to move from a culture-by-default to a culture-by-design. 2 Jeff Nischwitz’s keynote snow globe analogy: “You have to shake AND shift to keep the magic flowing!” 3 Glen Harrison, Director at SIGMA Assessment Systems, leads a morning breakout session on ways to simplify succession planning. 4 Tywana Minor, MBA, MHRM, SHRM-SCP, SPHR, and SHRM-Atlanta President-elect introduced the lunch keynote panel. 5 The Lunch Keynote, “Litigation Looking Glass: Employment Law Case Studies… Seeing the Plaintiff’s and Defendant’s Perspectives,” featured experienced employment lawyers examining common HR dilemmas. Panelists were (L-R) Doug Kertscher of Hill, Kertscher & Wharton LLP, Amanda Farahany of Barrett & Farahany, Natalie Turner of Ogletree Deakins, and Greg Hare of Ogletree Deakins. The session was facilitated by Cathy Missildine, CHRO of Southeastrans. 6 It was a packed house at REAL HR, SHRM-Atlanta’s 2019 Symposium. 7 Greg Hare, Managing Shareholder at Ogletree Deakins, gives his perspective during the lunch keynote. 8 SHRM-Atlanta Member Lisa Peterson asks a question to the panel of lawyers. 9 Attendees enjoyed a quick post-lunch yoga stretch break, facilitated by Kaiser Permanente. 10 SHRM-Atlanta Member Akilah Charlemagne, SPHR, SHRM-SCP, HCS, FPC attends a breakout session. 11 Attendees were treated to coffee, espresso, lattes and more by Ground Rule Coffee. 12 Michelle Brown of Northwestern Benefit speaks with an attendee. www.HRProfessionalsMagazine.com
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Mirror, Mirror on the Wall
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