May 2020 Issue HR Professionals Magazine by Cynthia Thompson

Volume 10 : Issue 5

www.HRProfessionalsMagazine.com

The Rights of Essential Businesses

Layoff or

Special Issue â&#x20AC;&#x201C; HR Strategies for Handling the Coronavirus Pandemic Guided Navigation of

COVID-19 Legislation

Furlough?

Strategy for the Return to Normal

Recruiting Tips for Uncertain Times

Liz Supinski,

SHRM-SCP SHRM Director of Data Science

The CARES Act

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4.4%

U.S. unemployment rate as of March 2020 is largest increase since January 1975! www.HRProfessionalsMagazine.com Editor Cynthia Y. Thompson, MBA, SHRM-SCP, SPHR Publisher

The Thompson HR Firm, LLC Art Direction

Park Avenue Design Contributing Writers William Carmichael Frank L. Day Harvey Deutschendorf Tony DiRomualdo Robert Ellerbrock III Kimberly K. Estep LeeAnn Bailes Foster Cassandra Faurote Sierra J. Gray Susan Hanold A. John Harper III Howard B. Jackson Kim LaFevor Jonathan Levine Emily G. Massey Susan McCullah Joe Miller Amanda Orgeron Harry Osle Greg Siskind Matt Stiles James V. Thompson Jim Trujillo Kathy A. Tuberville Darren Waldrep Janie Warner 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. ©2020 The Thompson HR Firm, LLC | This publication is pledged to the spirit and letter of Equal Opportunity Law. The following is general educational information only. It is not legal advice. You need to consult with legal counsel regarding all employment law matters. This information is subject to change without notice.

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Features

5 note from the editor 6 Liz Supinski, SHRM-SCP, SHRM Director of Data Science 7 SHRM Research 48 Book Look: Predicting Personality 50 HR’s Critical Role in Creating a Cyber Defense Culture

HR Strategies for Handling the Coronavirus Pandemic

10 Five Workforce Resilience Indicators HR Should Track During and After the Coronavirus Crisis 12 The Complex Interplay of FFCRA and CARES: Guided Navigation of COVID-19 Legislation 20 The New Normal Teleworking Challenges and Solutions During COVID-19 and Beyond 26 Nine Predictions on How COVID-19 Will Permanently Affect the Workplace 28 HR Strategy: Planning for the Return to Normal 30 Guiding Your Employees Through COVID-19 32 Hopelessness is NOT an Option! 44 Employee Compensation During a Crisis 54 Five Ways Emotional Intelligence Can Help us Through the Coronavirus Crisis

Employment Law

14 What Employers Need to Know About the CARES Act 16 RIF, Layoffs and Furloughs: Reasonable Cost Control Measure or Invitation to Litigation? 34 Layoff or Furlough? Workforce Considerations During the COVID-19 Crisis 36 COVID-19 and the Rights of Essential Businesses When Employees Strike 38 Managing Work Injuries in the New “Work from Home” Era 40 COVID-19 Crisis May Speed Process for Physician Immigration

Top Educational Programs for HR Professionals

3 SHRM Education – Virtual Programs 8 Excellence Through Leadership in Peachtree City June 4-5 13 Athens State University is Your Best Path to a Successful Career in Business 19 University of Illinois Labor & Employment Relations Online HR Certificate Program 22 Three Steps to Quickly Take Your Learning Programs Virtual 23 BenchPrep Quick Start Program 24 The Three Top Challenges to Earning a Degree 27 The Leadership Green Room 43 University of Memphis Top Educational Programs for HR Professionals 52 Online SHRM Certification Exam Prep Class 56 WGU – Online. Nonprofit. Surprisingly Affordable

Talent Management

18 Recruiting Tips During Times of Uncertainty 25 Collaborative Work Environments 42 Strategic Vision for the Next Generation of Talent – Where’s the COVID-19 Crystal Ball for Internships? 55 Social Media Screening = Smart Hiring

Employee Benefits

29 Benefits Expertise to Help Manage Costs, Mitigate Risk and Engage Employees 46 How to Help Your Employees Thrive 47 Insurance Benefits for Every Worker

Industry News

15 NOLA SHRM 2020 Board of Directors 17 ATD Memphis March Meeting 21 Congratulations to These Newly Certified HR Professionals! 35 2020 ALSHRM Conference & Exposition in Birmingham September 21-22 49 36th Annual KYSHRM Annual Conference in Louisville August 24-25 51 New ARSHRM 2020 Conference Dates 53 MSSHRM Presents 25th Anniversary Conference & Expo in Biloxi September 14-16 June issue features HR Strategies for Returning to Normal plus Profiles of Super Lawyers and Employment Law and Employee Benefits Updates Deadline to reserve space May 15

a note from the editor

was browsing our May 2019 issue and was reminded of life

Are you prepared for the return to normal? Janie

in the HR community a year ago. Our calendar was booked

Warner has some insights on developing your

with SHRM conferences all across the Southeast. Today we

HR strategy for the return to normal, or should I

are adjusting to virtual conferencing and working remotely.

say the “new” normal? Susan McCullah has nine

Be sure to check out SHRM’s virtual education offerings

predictions on how COVID-19 will permanently

including SHRM Specialty and SHRM On Demand on Page

affect our workplace. HR professionals will have

3. Remember all the conversations about becoming more

to exercise agility as never before as we transition

agile in HR? Given our current reality with the coronavirus

from a booming economy and an extreme talent

pandemic, we have dedicated this issue to HR strategies

shortage to the new reality of one of the highest

for handling the coronavirus pandemic. Agile HR has never

unemployment rates experienced in our lifetimes.

been more important!

For months after the pandemic subsides, our workforce will be subject to immense strain. Tony

We are excited to have Liz Supinski, SHRM-SCP, Director of

DiRomualdo and Harry Osle discuss five workforce

Research Products and Data Science at SHRM, on our cover. Within

resilience indicators HR should track in order to

the Research department at SHRM, Liz is the lead technical research

support the workforce and emerge from this crisis

expert and data scientist. If you’ve seen a SHRM commercial,

as healthy and productive as possible.

interview, or report, chances are Liz’s team was behind it. The leading research team for “all things work”, SHRM Research provides

I hope you will mark your calendar and plan to

evidence-based insights, recommendations, and innovations on

join us for our complimentary monthly webinar

the most important issues impacting employers, employees, and

sponsored by Data Facts on May 20. We will be

workplaces. You will enjoy reading her very impressive profile. We

discussing lessons for leading in crisis. Watch for

are also including the entire Research Team – the people behind

your email invitation. If you are not receiving an

the numbers. As SHRM members, we are thankful for the work they

invitation, click on “Contact Us” on our website.

do for us behind the scenes. Special thanks to our sponsors and contributors who came together

Best wishes for your continued safety and health.

to bring you our comprehensive guide to help you lead during this time of crisis in our country. Dr. Kim Lafevor and Matt Stiles lead us through the complex interplay of the Families First Coronavirus Response Act including the Emergency FMLA Expansion Act and the Emergency Paid Sick Leave Act. Frank Day contributed an in-depth discussion of the CARES Act, which includes the Paycheck Protection Program and expanded unemployment benefits. Jonathan Levine and John Harper explain the rights of essential businesses as many unionized organizations face wildcat strikes impacting our food supply.

cynthia@hrprosmagazine.com @cythomps

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Liz

on the cover

SUPINSKI

Liz Supinski, SHRM-SCP SHRM Director of Data Science Liz achieved her first graduate degree in IndustrialOrganizational Psychology from George Mason University, and her second graduate degree in Data Science from Indiana University. She is an avid lifelong learner, and reader, who enjoys working with data to answer questions and solve problems. Liz is passionate about advancing the HR profession and bettering workplaces through research and the good use of data.

Liz Supinski, SHRM-SCP, is the Director of Research Products and Data Science at SHRM. Within the Research department at SHRM, Liz is the lead technical research expert and data scientist. Trained as an Industrial-Organizational psychologist, Liz’s career has taken her into many different aspects of improving the world of work. Liz has worked with police and fire departments across the country and federal law enforcement to develop and administer entry-level and promotional tests, developed and administered assessment centers for public sector leaders, and conducted job analysis studies for federal agencies. As an HR consultant she has helped start-ups transition to having their own HR departments, and helped build custom job application portals. After having been a SHRM member for some time, Liz joined the staff of SHRM in 2015 as part of the certification department. As the Manager for Scoring and Psychometrics, Liz was responsible for the analytic components of SHRM’s certification programs and contributed to the development of the SHRM People Manger Qualification (PMQ). In early 2018, Liz transitioned to the Research department. Liz has spoken at numerous conferences on research topics including employee benefits, external/gig workers, and the employment of workers with criminal backgrounds. As a member of the Research team, she has worked on projects for Dubai Government Human Resources, and with SAP SuccessFactors’ Human Capital Management Research, Oxford Economics, Gallup, NORC at the University of Chicago, and many other organizations. Liz believes that data science and AI have great potential to transform the world of work. This technology is helping us identify and track the skill sets of our workforces so that our businesses can rapidly pivot to new opportunities, powering apps that learn the preferences of hourly workers and make it easier for them to have control of their schedules, and helping us find job candidates with the skills we need from new candidate pools. Technology, like all good tools, lets us extend our reach and do things better and faster, but in the HR space, it works best when tempered with deep understanding of work, workers and workplaces. 

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SHRM RESEARCH Who is SHRM Research? If you’ve seen a SHRM commercial, interview, or report, chances are Liz’s team was behind it. The leading research team for “all things work”, SHRM Research provides evidence-based insights, recommendations, and innovations on the most important issues impacting employers, employees, and workplaces. SHRM Research collaborates with various internal and external stakeholders to take on the most complex workplace issues and create meaningful and engaging content to advance the HR profession and greater world of work. The Research Department helps SHRM’s Knowledge Center prepare for the most urgent member questions. Research provides data that SHRM’s Government Affairs division uses to establish SHRM’s advocacy positions and to brief legislators on Capitol Hill and in statehouses around the nation. Research data fuels articles produced by SHRM’s editorial department, and programming at SHRM conferences. Members of SHRM’s executive leadership team use SHRM Research data to add value to the boards and panels on which they sit and advise. No two days look the same for Liz’s team. At any given time, SHRM Research is simultaneously fielding surveys, cleaning and analyzing data, and writing reports on subjects ranging from employee turnover to paid leave, immigration, and even workplace romance.

SHRM Research Team Top row: Derrick Scheetz, Daniel Stunes, Liz Supinski, Casey Sword, Alex Alonso, Cate Supinski Bottom row: Elaine Greenway, Kerri Nelson, Susan Zhu, Trent Burner, Alex Rather

The people behind the numbers It may come as no surprise that a team collaborating with multiple stakeholders on a wide variety of issues would be equally as diverse in talent. The SHRM Research team has 12 members with backgrounds in industrial-organizational psychology, business, politics and foreign affairs, and marketing. Each team member brings a unique perspective to the shared goal of providing SHRM members with data and recommendations to help make work better for everyone. The Research Department sits within the Knowledge Development and Certification Division at SHRM, led by Chief Knowledge Officer Alex Alonso, Ph.D., SHRM-SCP

(profiled in a previous edition of HR Professionals Magazine). Alex sets the strategic vision of the Knowledge Division and also supports the research team directly as a technical and subject matter expert, having been a former research team member himself! Trent Burner, MA, SHRM-SCP is the VP of the Research department, leading the department and overseeing strategy implementation and developing research partnerships. Prior to joining SHRM’s leadership team, Trent served as a SHRM Certification Commissioner. Trent joined SHRM in January of 2018 after leading various HR Centers of Expertise for 15 years at Walmart Stores, Inc.

While at Walmart, Trent has led large and complex HR projects in India, China, Japan, Brazil, Argentina, South Africa, Canada, the UK, and the US. Elaine Greenway is the Director of Workforce Research and, with Liz and Trent, leads and manages the Research team. Prior to joining SHRM, she spent 19 years at Walmart. leading global programs and teams within Global Business Services and Human Resources and has extensive experience in organizational design, talent assessment, process design and automation, project management, job design, job valuation, recruiting and employee relations.

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5 Workforce Resilience Indicators HR Should Track During And After the Coronavirus Crisis By TONY DIROMUALDO and HARRY OSLE

During the coronavirus pandemic, and for months afterwards, businesses and their workforces will be subject to immense strain. It is important that organizations be vigilant about maintaining workforce well-being and productivity throughout this period. HR should lead the charge by identifying and proactively monitoring key indicators of the physical and emotional state of employees and staying on top of issues that could impact their resilience. While there is no standard set of measures that can be used by all organizations, we believe the categories laid out below apply fairly universally. HR organizations are likely to be tracking some of these already, but others will need to be added to the mix. Further, some metrics will be easy to capture, while others might only be gauged via proxies. The goal is to be able to flag potential problems early and quickly respond to prevent long-lasting damage.

Collect Data by Listening and Sensing Gathering indicators of workforce resilience requires a variety of data collection methods such as tracking polls and pulse surveys. Start by identifying relevant measures already being monitored (e.g., hours worked, sick time and leave taken). Look for other data that can be gathered and analyzed via automated tools such as analysis of logged employee inquiries to HR websites and help lines. Additionally, methods such as sentiment analysis of social media (external sites, such as Glassdoor and internal apps like Slack, Yammer, etc.) and e-mail communications should be applied to identify patterns across the workforce. HR leaders can also set up easy-to-access feedback channels for employees so they can share their concerns with colleagues and leaders. Below are five categories of resilience drivers HR should be tracking and examples of specific indicators that might be used to capture relevant data for measurement: 1. Employee Trust in Leaders Employees will be able to endure job stress better if they believe leaders are being truthful, empathetic and doing everything they can to help in this difficult period. Confidence and trust levels of employees can't be measured precisely, so they must be gauged via proxy metrics, i.e., data representing perceptions about how much employees trust their leaders. HR needs to be on the lookout for any policies, communications or behaviors which may be undermining employees' trust. Below are some aspects and drivers of trust in leadership that should be tracked: • Confidence in leaders’ ability to steer company through crisis: Level of faith that the workforce has in the abilities of their leaders. • Believe leaders have the right priorities: They are able to fairly balance the interests of all stakeholders. • Believe leaders communicate clearly and honestly: They convey information in straightforward and understandable ways and are perceived to tell the truth both good and bad. 10

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• Believe leaders truly listen to employees: A safe space exists for open dialogue; leaders listen to and acknowledge what others have to say. • Believe leaders have empathy for employees: They understand employee concerns and will do as much as possible to support them. 2. Employee Concerns Employees' anxiety about jobs and personal lives is sure to remain high in the coming months. Tracking their concerns will help HR get a handle on how well programs are working and identify areas in need of improvement. Where possible, use pulse surveys and focus groups to gather this data directly. Look for clues about employee concerns by monitoring help-line queries, internal communications and social media. The following are suggested categories of employee concerns that might be tracked: • Health: Issues related to workplace health risks and general concerns regarding the coronavirus and other health issues. • Family: Issues and concerns related to children, spouses and other family members, including their health and how they are adjusting to changes in working and care arrangements. • Financial: Issues and concerns about the impact of events on their current and future financial well-being; confidence in financial security. • Job-related: Perceptions about their ability to do their job under current working conditions; concern over job risks. • Company-related: Perceptions about how the company is faring and its ability to survive the crisis. 3. Employee Wellness HR should monitor employee wellness closely with the goal of ensuring programs and assistance are being put to good use. It is essential to identify emerging issues and gaps in support that need to be addressed. At a minimum, measure the overall health of the workforce (e.g., tracking sick time taken, benefits usage and inquiries to help lines). There are several potential indicators of employee wellness that can be monitored: • Health and medical benefits used: Changes in volumes and types of benefits accessed. • Sick time and leave used: Changes in volumes of sick time and leave usage. • Use of wellness programs/benefits: Degree to which stress management, mental health/counseling, alcohol and substance-abuse programs are being used; self-reporting of how people are feeling and causes of stress. • Maintenance of healthy behaviors: Continued/new participation in available employee wellness programs offered (self-reported). • Satisfaction with wellness programs: Degree to which these are meeting the changing needs of employees. 4. Employee Engagement While the crisis endures, expect employee engagement levels to take a hit. HR needs to closely monitor overall engagement

as well as the factors driving or detracting from it. This means staying on top of employee perceptions about the company’s outlook, leaders and immediate supervisors, as well as their jobs. Any significant changes in perceptions about these are warning signs that engagement may be slipping in ways that will hurt organizational resilience. Track high-level indicators like overall engagement level and net promoter score. Or, consider delving more deeply via pulse surveys or sentiment analysis of internal media to gauge the following: • Feelings about the organization: Strength of belief in the organization mission and strategy. • Feelings about leaders: Trust and confidence in the organization’s leaders. • Feelings about immediate supervisor: Perceptions about guidance and support from direct managers. • Feelings about team: Feelings about the quality of interactions, collaboration and work with team members • Feelings about job: Perceptions of the ability to do the job and levels of satisfaction with the work performed

• Hours worked: As reported by time and attendance systems. • Individual KPIs/objectives: Measures of individual work outputs and progress toward goals. • Team KPIs/objectives: Measures of teamwork outputs and progress toward goals. • Business unit KPIs/objectives: Measures of business unit operational and financial performance and progress toward goals. • Enterprise KPIs/objectives: Measures of enterprise operational and financial performance and progress toward goals.

Conclusion Many companies have responded swiftly and effectively to the impacts of the coronavirus pandemic as it has played out so far. But this is only the initial phase of the crisis; a longer and potentially more difficult period is now unfolding. To make it through, organizational leaders, guided by HR, must make workforce resilience a top priority. This will require closely tracking the drivers of employee well-being and acting decisively to further support the workforce as long as needed, so it can emerge from the crisis in as healthy and productive a state as possible.

5. Employee Productivity Ultimately, the performance of employees – work conducted, outputs produced, objectives reached, results achieved – will depend on how well the other factors discussed above are managed. The better workers are supported, the more likely performance levels can be sustained. HR organizations with experience tracking drivers of performance will have already identified those that correlate most strongly to performance. These factors warrant close monitoring, especially any that are leading indicators of performance:

Harry Osle, Principal in Charge

Global Human Resources Practice Leader The Hackett Group

Anthony DiRomualdo, Senior Research Director

Global Human Resources Executive Advisory Program The Hackett Group

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Complex Interplay of FFCRA and CARES: Guided Navigation of COVID-19 Legislation By KIM LAFEVOR and MATT STILES

March 11, 2020, H.R. 6201-Families First Coronavirus Response Act (FFCRA) bill was introduced in the House of Representatives by House Appropriations Committee Chairwoman Nita Lowey (D-NY) with the aims of providing legislative relief to specifically address paid family and medical leave, paid sick leave, unemployment benefits, and tax credit provisions for employers amidst the COVID 19 crisis. With historical speed, legislative approvals in both the House and Senate took only 3 weeks combined. President Donald J. Trump signed this new legislation on March 18 which took effect April 1st and sunsets year-end on December 31, 2020. It is not often we see a bicameral legislative system move with such unification and sense of urgency. The expeditious path of this unprecedented legislation brought with it a whirlwind of employer mandates and employee rights generally affecting most public and private employers with fewer than 500 employers. It is hard to imagine that this new law was introduced as a bill less than two months ago, yet now we have had to grapple with its immediate, careful, and far reaching deployment. What are the broad provisions of the FFCRA? How are we purveying a steady response? As a covered employer, how can we be assured we have met all its mandates? How does the newly passed Coronavirus Aid, Relief, and Economic Security Act (CARES Act) interplay?

Unpacking the FFCRA FFCRA applies to all public and private employers with fewer than 500 full and part-time employees in the United States, District of Columbia, or any territory of the United States Employers must consider all employees, including employees on leave, temporary employees who may be jointly employed by another employer, other employees aggregated by virtue of an integrated employer relationship, day laborers supplied by a temporary agency (whether the agency or client firm), and Federal government employees covered by Title I of the Family Medical Leave Act (FMLA). Since Federal employees covered under Title II already have special coverage provisions, the FFCRA did not modify their eligibility. The Act provides two employment related components for employees: 1) the Emergency Family and Medical Leave Expansion Act, and 2) the Emergency Paid Sick Leave Act. Additionally, the FFCRA also allows for employer tax credits. However, in a separate legislative action, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) presents an interplay of legal requirements that are interdependent with the remedies of the FFCRA. To fully glean an employer’s obligations, it is vital to discern the anatomy of both of these laws and how they interplay to provide both employer and employee crisis relief solutions.

Emergency Paid Sick Leave Act (EPSLA) The FFCRA affords emergency paid sick leave entitlements for employers covered under the Act. These emergency paid sick leave benefits include up to two weeks (80 hours-or part-time workers two-week equivalent) paid sick leave for employees who take leave related to COVID 19 because they are unable to work or telework for the following reasons: 12

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1. is subject to a Federal, State, or local quarantine or isolation order related to COVID 19 2. has been advised by a health care provider to selfquarantine related to COVID 19 3. is experiencing COVID 19 symptoms and is seeking a medical diagnosis 4. is caring for an individual subject to an order described in #1 or #2 5. is caring for his or her child whose school or place of care is closed (or child care provider is unavailable) due to COVID 19 related reasons 6. is experiencing any other substantially-similar condition specified by the U.S. Department of Health and Human Services (U. S. Department of Labor, 2020) Employees are paid at 100% for qualifying conditions #1-#3 up to $511 daily and $5,110 total, and two-thirds their regular rates of pay for reasons #4-#6 up to $200 daily, and $2,000 total. Such afforded benefits are provided by the employer in addition to existing paid leave benefits. Therefore, employees are enabled to exhaust all available emergency paid leave provided by this Act before they can be required to use any otherwise available leave benefits offered through the employer.

Emergency Family and Medical Leave Expansion Act (EFMLEA) The FFCRA expands the Family and Medical Leave Act of 1993 (FMLA) for the purposes of childcare for an employee’s child 18 years of age and younger in the event the child’s school is closed or child care provider is unavailable due to a public health emergency. At this time, neither the Act nor DOL imposes a certification requirement on employees seeking EFMLEA; however, U.S. Treasury Department (IRS) FAQs instruct employers to obtain in employee requests for leave and substantiation of eligibility in writing and retain those records to prove eligibility for a tax credit. FFCRA authorizes employers to receive a tax credit for 100% of the qualified EPSL and EFMLEA benefits paid to their employees, including the cost of employer-paid health insurance premiums for benefits provided to employees using such leave. This emergency expansion of traditional FMLA applies to all employers with fewer than 500 employees and not limited to the original 50 or more employee threshold used under traditional FMLA, as well as lowers tenure eligibility to employees who have worked for only 30 days or greater. While the first 10 days of EFMLEA may be unpaid in the event the employee does not elect to use accrued paid leave during this initial period, an employee could elect to receive EPSL benefits during that first 10 days, concurrently with EFMLEA. Thereafter, an employee

who remains on EFMLEA leave could take up to an additional 10 weeks at two-thirds of the employee’s regular rate of pay, for a total of 12 weeks capped at $200 per day or $12,000 in total (inclusive of both EPSL and EFMLEA benefits).

allows for an additional 13 weeks of unemployment compensation payments after state unemployment benefits are no longer available up to 39 weeks through December 31, 2020.

In Closing Interplay of the new Coronavirus Aid, Relief, and Economic Security Act (CARES)-Relief for Workers Affected by the Coronavirus Act (RWACA) President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) on Friday, March 27, 2020. While separate legislation from the FFCRA, this new law provided Paycheck Protection Program (PPP) loans for small businesses, non-profits, and other specified businesses, but also includes the Relief for Workers Affected by Coronavirus Act (RWACA) which works in cadence with the states’ unemployment compensation systems. The RWACA provides additional unemployment benefits to those impacted by COVID 19 and offers benefits beyond the maximum usually paid by the states, as well as provides coverage to employees who are not generally eligible (those who are self-employed, independent contractors, workers of the “gig economy,” lack of sufficient work history, seeking part-time employment, etc.) for unemployment benefits. The RWACA provides $600 per week for eligible employees and this specially included group of workers, above any amount to which one may be entitled for a four-month period retroactive to eligible recipients beginning the workweek of March 29, 2020 through July 31, 2020. Furthermore, the Act

Again, we are less than two months from a declared pandemic, idea generation for workplace solutions to full deployment of the mandates of both FFCRA and CARES. We remain fully immersed in the interpretation and deployment of their respective mandates and their somewhat complex interplay. It is important to remember, despite legislative dictates of the FFCRA and CARES to which we must respond, a crisis also becomes a defining moment that poses a unique opportunity to elevate organizational brand, draw upon business acumen, demonstrate an organizational resiliency and don duty of care in assuring the well-being of its people. And we must remember, lasting relationships are forged in crisis.

Kim LaFevor, DBA, SHRM-SCP, SPHR, IPMA-SCP, NDC-CDP Dean, College of Business Athens State University Kim.LaFevor@athens.edu www.athens.edu

Matt Stiles, Shareholder Labor, Employee Benefits Maynard Cooper Gale mstiles@maynardcooper.com www.maynardcooper.com

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What Employers Need to Know About the

CARES Act

The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) is a $2 trillion economic bailout that generally provides financial benefits to businesses and individuals affected by the novel coronavirus (COVID-19) pandemic. The CARES Act is 880 pages in length and the third major piece of legislation enacted by Congress since the President declared a national emergency on March 13, 2020. This article will summarize some of the key provisions relevant to employers, including the Paycheck Protection Program (PPP) and Expanded Unemployment Benefits.

1. The Paycheck Protection Program The PPP is included in Section 7(a) of the Small Business Act (15 U.S.C. §636(a)(36)). In addition to the purposes for which small businesses have historically been able to obtain loans under the Small Business Act, the law authorizes loans to cover specified operating expenses, including payroll costs. “Payroll costs” are defined broadly in the PPP and include salary, wages, commissions, tips, paid vacation and other leave, severance payments, payments related to provision of health or retirement benefits, and payment of state or local taxes assessed on employee compensation. Nonetheless, the covered “costs” do not include compensation for an individual employee in excess of $100,000 per year (prorated for the covered period), federal taxes assessed on employee compensation during the covered period, compensation of employees whose principal residence is outside of the U.S., and sick leave or family leave wages under the Families First Coronavirus Response Act. The PPP also authorizes qualifying businesses to use loan funds for continuation of healthcare benefits, interest on mortgage obligations, rent, utilities, and interest on other debt obligations that were incurred before the covered period. Hence, employers are allowed to use the funds for many purposes beyond paying their employees. The PPP also expands which organizations are eligible for 7(a) loans beyond those that had historically met the definition of a “small business concern” under 15 USC § 632. The expanded eligibility now also includes: • Any business, non-profit organization, veterans’ organization, or Tribal business that employs fewer than 500 employees (or, as applicable, the threshold number of employees for their industry as established by the Small Business Administration); • Sole proprietors, self-employed individuals, and independent contractors, provided they are able to submit certain documentation required under the PPP; • Restaurants and other businesses assigned a North American Industry Classification System (NAICS) code beginning with 72 (“Accommodation and Food Services”) with more than one location if they have no more than 500 employees per physical location, notwithstanding that they may have more than 500 employees in total. Additionally, the Small Business Administration’s affiliation rules are waived for: (a) businesses with a sector 72 designation and no more than 500 employees; (b) any business operated as a franchise and assigned an NAICS franchise code; and (c) any business that receives financial assistance from a company licensed under section 301 of the Small Business Investment Act. The PPP also contains other eligibility requirements. To be eligible to receive a loan as described in the PPP, the borrower must make a good faith certification that: the loan is necessary because of the 14

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By FRANK L. DAY

economic conditions caused by the pandemic; the funds will be used to retain workers and maintain payroll, or make mortgage, lease, or utility payments; and the borrower has not received or applied for a duplicative loan under the program. No collateral or personal guarantees are required however, and there is no need for a borrower to demonstrate any actual economic harm. The “credit elsewhere” requirement—pursuant to which a borrower must show that it is unable to obtain credit elsewhere before obtaining an SBA loan—is also waived during the covered period. The maximum loan amount for any borrower that is in business during the PPP’s covered period is the lesser of (a) $10 million or (b) the sum of two-and-one-half times the average monthly payroll costs for the borrower during the one-year period before the date on which the loan is made, plus certain other amounts. Different calculations apply for seasonal employers, and for organizations that were not in business between February 15, 2019 and June 30, 2019, but that are otherwise eligible. One of the key provisions of the CARES Act is that PPP loans are forgivable under certain circumstances. While funds received as a PPP loan may technically be used for any purpose outlined in Section 636(a) of the Small Business Act, in order to have the loan forgiven, the funds must be used for one of the purposes contemplated in the borrower’s good-faith certification—namely, payroll costs, payment of interest on mortgages, or payment of rent and/or utilities. The recipient of a PPP loan who otherwise meets the requirements for loan forgiveness is eligible to have its indebtedness reduced in an amount equal to payroll costs, interest on covered mortgage obligations, rent payments, and utility payments that were made or incurred during the covered period. Note, however, that the “covered period” under the forgiveness provisions of the CARES Act is defined as the 8-week period beginning on the date of the origination of PPP loan—a significant difference from the definition of the “covered period” of the PPP itself, which spans the four and a half month period from February 15, 2020 to June 30, 2020. The PPP also reduces the amount to be forgiven based on (1) reductions in the number of employees or (2) reductions in salaries or wages. The CARES Act provides specific methods for calculating those reductions. The reductions may be avoided, however, if the employer eliminates the reduction in employee numbers or eliminates the salary and wage reductions by June 30, 2020. An employer seeking to have all or a portion of a loan under the PPP forgiven must apply to the lender and submit certain documentation showing how the loan money was spent. Thus, employers seeking a loan under the PPP should make certain that they observe the program’s record-keeping requirements.

2. Expanded Unemployment Benefits The CARES Act temporarily enhances and expands unemployment insurance (UI) benefits through three key programs. To participate in the programs, each state must enter into an agreement with the federal government. The basics of each program are as follows:

Pandemic Unemployment Compensation (PUC) (Section 2104 of the CARES Act) • Individuals who are entitled to unemployment benefits as determined by the state unemployment agency are eligible. • Each individual who qualifies for unemployment is entitled to receive an additional payment of $600 per week on top of the

amount the employee is otherwise entitled to under state law. This increase applies to weeks of unemployment beginning after the state agrees to participate in the program through July 31, 2020 (approximately four months).

Pandemic Unemployment Assistance (PUA) (Section 2102 of the CARES Act) • This program expands the scope of who can qualify for unemployment benefits to cover individuals who would typically not qualify under the laws of some states. The individuals generally covered by the program include those who are furloughed or out of work as a direct result of COVID-19, self-employed and independent contractors, and those who have exhausted existing state and federal unemployment benefit provisions. • Individuals qualifying exclusively under this program will receive a benefit equal to the minimum weekly benefit amount described in the Stafford Act Disaster Unemployment Assistance (DUA) program, which is the model for the PUA program (CFR 625.6 of Title 20), plus the $600 per week federally funded supplement (similar to that provided to UI recipients under the PUC).

•A pplicants for PUA must provide selfcertification that they are (1) partially or fully unemployed or (2) unable and unavailable to work because of one of the following circumstances: o the individual has been diagnosed with COVID–19 or is experiencing symptoms of COVID–19 and seeking a medical diagnosis; o a member of the individual’s household has been diagnosed with COVID–19; o the individual is providing care for a family member or a member of the individual’s household who has been diagnosed with COVID–19; o a child or other person in the household for which the individual has primary caregiving responsibility is unable to attend school or another facility that is closed as a direct result of the COVID–19 public health emergency and such school or facility care is required for the individual to work; o the individual is unable to reach the place of employment because of a quarantine imposed as a direct result of the COVID–19 public health emergency; o the individual is unable to reach the place of employment because the

individual has been advised by a health care provider to self-quarantine due to concerns related to COVID–19; o the individual was scheduled to commence employment and does not have a job or is unable to reach the job as a direct result of the COVID–19 public health emergency; o the individual has become the breadwinner or major support for a household because the head of the household has died as a direct result of COVID–19; o the individual has to quit his or her job as a direct result of COVID–19; o the individual’s place of employment is closed as a direct result of the COVID–19 public health emergency; or o the individual meets other criteria established by the Secretary of Labor. • The time period for expanded compensation is January 27, 2020 through December 31, 2020.

Frank L. Day, Partner

FordHarrison fday@fordharrison.com www.fordharrison.com

NOLA SHRM is proud to introduce our 2020 Board of Directors. Congratulations!

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RIF, Layoffs and Furloughs:

Reasonable Cost Control Measure or Invitation to Litigation? By HOWARD B. JACKSON

During economic down times employers must often make hard choices to reduce cost. This article discusses considerations related to several such measures, as well as some of the pitfalls that can come about where they are implemented in a manner that invites legal challenge.

organizational chart that shows, by position and without names, the positions that will be required for the organization to operate after the reduction. This step sets the level of employment, based on business needs.

Some of the most common strategies involve reducing the workforce. Three of these are furloughs, temporary layoffs, and permanent layoff/reduction-inforce. Each is discussed in turn below.

Another helpful step involves creating a spreadsheet that lists several factors the decisionmakers will use when some employees must be selected for layoff from among a group in the same department. The factors will vary somewhat by employer and industry. Common factors include attendance, performance ratings, skills possessed, and date of hire. For example, some departments may have critical skill needs that not all employees possess. Including the critical skills category on the spreadsheet helps show its legitimacy. That in turn helps the employer defend its decision where, for example, a thirty-two year old employee with four years of seniority is retained over a sixty year old employee with twenty years of seniority because the younger employee plainly has one or more of the critical skills and the sixty year old does not.

A furlough is in essence an unpaid leave of absence. The employment relationship is not severed. But the employee is not working and in most instances is not receiving pay. Employers do sometimes continue benefits during a furlough and take other measures to permit furloughed employees to receive some money. For example, the employer may allow furloughed employees to use accrued paid time off or even to borrow against as yet unearned paid time off. The primary motivation for selecting a furlough is to maintain the employment relationship unbroken because the employer anticipates returning the employee to active employment within a reasonably foreseeable time frame. Keeping the employee in such status and providing some level of benefits and/or compensation to the employee during the furlough sends the message: We want you back! A temporary layoff is similar to a furlough except that a layoff involves ending the employment relationship. An employer may select this option where it is less confident about returning employees to work in the future or where the employer simply does not have resources available to provide things such as continued insurance during the anticipated layoff period. A reduction-in-force (RIF) or permanent layoff also severs the employment relationship. In this instance the employer does not anticipate recalling the employees. Appropriate planning plays a huge role in executing an employment reduction while minimizing legal risk. A good first step involves creating an 16

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Utilizing a set of legitimate factors when selecting employees for layoff helps the organization focus on its needs and the skills and abilities of employees when making the decisions. This is best for the organization even without regard to potential legal challenge. Inevitably, when the selection process is focused on the needs of the organization, better decisions are made. As a side benefit, using such a process also helps protect against some of the pitfalls that have historically arisen in connection with employment reductions. Another helpful step is determining the management group that will have responsibility for making the final decisions. Certainly, first-line supervisors and perhaps others should provide input and make recommendations. Having a clearly defined management group that analyzes the recommendations, and asks questions and engages in dialogue with the managers and supervisors who have made the recommendations, helps ensure that the decisions are both focused on appropriate factors and best for the organization.

One of the pitfalls that has come back to haunt employers is using the legitimate need for a reduction-in-force as a means to target certain employees. For example, the employer selects an employee, or a group of employees, who have repeatedly filed worker’s compensation claims. Or a supervisor is asked who she wants to keep and who she does not and she includes an employee on the “do not keep” list (with no use of factors for guidance) because that employee is a constant thorn in her side. You can bet that some of the “thorny” issues involve legal compliance, or requests for accommodation, or for Family and Medical Leave Act leave. Retaliation lawsuits – often successful ones tend to ensue. Another pitfall is lack of awareness with respect to the protected status of the employee group that is being laid off and the group that is to remain. An employer who looks at the demographics - and realizes that far more persons in a protected status are being laid off - may want to take another look at the process. It is possible that some corrections in the process or analysis should be made. On the other hand, it may be that unrelated factors are driving that result. But if the end does result include such a disparity, the employer will be in a far better position to defend if it can show that the process included analysis of why that result came about and express consideration of whether it came about based on unlawful factors or not. In most organizations senior leadership should be sensitized to the issues. In more than one case a high ranking leader’s comments along the lines of getting rid of “deadwood” or seeking a more “vibrant and energetic” employee group (or even more obvious remarks) have been used in connection with claims of age discrimination, for example. Senior leadership, and indeed

all leadership, should be reminded early on that their focus and their communications must remain on legitimate factors and that comments they may consider to be “offhand” or not serious can be used against the organization. Last but not least, all members of management and supervision should be trained, and reminded, and reminded again, to ensure that their e-mails and other recorded communications are appropriate. Employers large and small have been hoisted on their own petard by internal e-mail messages that reference protected status or activities of employees in connection with layoff decisions. Even when the remarks were made in a joking manner, or by a rogue supervisor who played little role in the decision-making process, such messages make defending a legal challenge extremely difficult. Every organization is different. Plans and processes must be tailored to fit. Taking the time to set out a good process and selecting the right team members to execute it can go a long way toward making and implementing the difficult decisions that must sometimes be made to help the organization survive in the short term and thrive in the future.

Howard B. Jackson, Member

Wimberly Lawson Wright Daves & Jones, PLLC Knoxville, Tennessee office hjackson@wimberlylawson.com

Succession Planning is Strategic Leadership Development | March 10, 2020 COMMUNITY FOUNDATION OF GREATER MEMPHIS

1 Judy Bell, Judy Bell Consultant, was the speaker for the March ATD Memphis Chapter meeting. Judy Bell has served as a senior executive in the Human Resources and Development field for thirty years. She formed Judy Bell Consulting in early 2013 to provide Executive Coaching and HR Consulting to local businesses. Her passion is around employee engagement, change management, emotional intelligence and career counseling. Judy is a speaker on the topics of Ethics, Emotional Intelligence (EQ) and Employee Engagement and is writing a book on behavioral improvement. 2 2020 ATD Board of Directors (L-R) – Pat Welsh, Logistics Chair, Steven Aronson, VP Finance, Nedra Bailey, Newsletter Chair, Sylvia Joure, President, Ashley de Kok, VP Communications, Lauren Warren, VP Membership

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Recruiting Tips During Times of Uncertainty By SUSAN HANOLD

For businesses, managing recruiting strategy and the hiring process during periods of uncertainty is critical. How you portray yourself to potential candidates and communicate changes in process can impact a company’s brand reputation and talent pipeline – both crucial components of success. As a global pandemic changes the face of the world of work, increasing numbers of workers are finding themselves in states of flux, as companies navigate challenges in recruiting and retaining talent. However, in times of uncertainty, it’s perhaps more important than ever for job seekers and businesses alike to consider how they’re approaching their respective searches to position both parties for shared success despite circumstance. Here, I break down some of the key changes job seekers and businesses will see over the coming months.

Changes for Job Seekers Adjust to virtual interview formats. As companies increasingly tell their employees to practice social distancing and work from home until the COVID-19 pandemic gets under control, job seekers are finding that potential employers are switching in-person interviews to video. Check with each company on their interview process and protocols such as banning on-site interviews and moving them to virtual formats. Most importantly, job seekers should request specific information about the company’s timeline and hiring plans to manage expectations.

Continue to learn new skills and look for opportunity. Learning new skills is advantageous when you want to be ready to take on a new role, grow in responsibility or be prepared if your job description is evolving due to market demands. Don’t stop preparing with your skills development. Seek out virtual training opportunities that target specific areas you want to develop. Additionally, leveraging your company’s internal job posting site or networks can offer visibility into the different types of positions that are open as priorities shift.

Changes for Hiring Managers and Recruiters Communicate now more than ever. For hiring managers and recruiters, communicate as clearly as possible with job seekers to avoid leaving any candidates hanging or on hold for a prolonged period. Have a communication plan in place if open jobs are postponed to avoid losing valuable candidates you might want to pursue in the future. Amplify open opportunities. With networking events and career fairs being rescheduled at this time, having a social media and advertising plan will be beneficial as well. Save time and fill talent gaps faster by automating key recruiting and hiring tasks, such as creating or updating job descriptions and posting jobs.

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Promote work-from-home jobs. This is an excellent time to promote the jobs that are work from home or have a flexible structure. Certain industries are seeing a greater impact than others in the current business climate, and those employees may be anxious to land quickly or adjust in the short term. A flexible work schedule may be just the decision-maker for some candidates. Really evaluate the critical roles that need to be done in-person and which ones can be done remotely. Positions that need to be filled and skills gaps that need to be addressed within an organization will likely not disappear despite current circumstances. As best as possible, the goal is to navigate the challenges in order to deliver a seamless talent acquisition experience. All eyes remain on how workers and firms are dealing with difficult hiring conditions.

Consider your remote work policies. With many jobs on a temporary work from home situation, consider the policies you have

Have a communication plan in place if open jobs are postponed to avoid losing valuable candidates you might want to pursue in the future. 18

in place around remote work. Modern communication and collaboration technology have made remote work more effective and easier to manage, and a great remote work program can put your organization at the top of the list for a much larger audience of talented individuals.

Susan Hanold, Ph.D.

ADP, VP Strategic Advisory Services

Online Human Resources Certificate Program The online certificate program consists of three tracks, each with three courses (12 credit hours total, four credit hours per course). Each course in the certificate program is only offered once a year, and each course is either six or eight weeks long with a weekly synchronous component (two hours per week) where you will interact with faculty and your peers. Students can choose to engage in one of the certificate program tracks outlined below or all three. Once students have received one or more certificates, and are interested in the full Master of Human Resources and Industrial Relations (MHRIR) program, they can apply for the online master’s program and petition to have the credits transferred. Each certificate program track takes between seven and ten months to complete, as you will only take one course at a time and some have small breaks between start dates.

APPLICATION REQUIREMENTS

CERTIFICATE TRACK OPTIONS

All application materials must be uploaded to the online application.

Fundamentals of Human Resources Obtain a framework for the analysis of employment relationships including human resources management strategies and practices. Learn about the theoretical and practical issues surrounding the design of effective compensation systems and the practice of identifying and recruiting a diverse workforce.

• Complete and submit application at choose.illinois.edu/apply. Under “Program”, select “Labor and Employment Relations” and “Human Resources and Industrial Relations Non-degree (Online)-NDEG” as your degree. • Select non-degree areas of interest from the three program tracks. • No application fee will be applied since this is a non-degree program.

Course List LER 591

Employment Relations Systems

LER 561

Compensation Systems

• Unofficial transcripts of all academic work

LER 595

Managing Diversity Globally

• Resume

Compensation Best Practices Develop skills for the negotiation process as the interactive basis for union-management relations; conflict and conflict resolution as part of the negotiating process; wage and other effects of collective bargaining. Learn about hiring, promotion, evaluation, discrimination, raiding, job definition, pay schemes, benefits, and design of work.

• Upload all requested documents to application:

• A brief phone interview will be conducted after application is submitted to determine program fit. Flexible Admissions Deadline Applications are accepted on a rolling basis because each certificate program track starts at a different time. For more details on your personalized start options, please contact us.

Course List LER 561

Compensation Systems

MHRIR TUITION AND FINANCIAL AID

LER 542

Collective Bargaining

The current per credit rate for tuition and fees is $740 (USD). The tuition rates are the same for in-state, out-of-state, and international students.

LER 545

Economics of Human Resources

Financial aid from the University of Illinois is unavailable through the Office of Student Financial Aid since the program is not degree-granting.

TALK TO EDEN FOR MORE INFO!

Eden Haycraft

Human Resources Management Learn about managing and motivating employees effectively as well as the core skills needed within HR regarding change management. Course List LER 597

Employee Motivation and Performance

LER 590ICO

Influence, Change, and Politics in the Organization

LER 590FBM

Fundamentals of Business and Management

Associate Director, Online Graduate Programs 217-265-8190 | ehaycra@illinois.edu www.HRProfessionalsMagazine.com

The New Normal – Teleworking Challenges and Solutions During COVID-19 and Beyond By EMILY MASSEY The COVID-19 pandemic has turned the world upside down, and staying home has become the new normal. (For Instagram users, the #stayhome hashtag has 10.5 million posts!) Whether to comply with a local stay-at-home order or to heed public health social distancing guidance, countless businesses have sent their workforce home—to telework. For some businesses, this was relatively painless due to the growing trend of flexible working environments and teleworking technology. For others, significant adjustments were required. And for many businesses, telework is not an option for all employees all of the time. The following are some issues to address and less common problems to anticipate, along with practical solutions, for employers with teleworking employees. Also included are a few hypothetical scenarios that may hit close to home (pun intended).

Define Who Can (and Cannot) Telework It seems simple, but it is important for employers to clearly communicate which employees can telework. Employers also must communicate that all (or substantially all) job duties are expected to be performed while teleworking. To that end, the U.S. Department of Labor ("USDOL") explains that telework is "no less work than if it were performed at an employer's worksite." (See USDOL Executive Summary for Temporary Rule 29 C.F.R. § 826). Businesses may need to, or choose to, keep workforces remote for several months, and employees must understand that they will be held to the same performance standards while teleworking. Articulating whether an employee can telework also is critical to benefit eligibility under the Families First Coronavirus Response Act ("FFCRA"). On April 1, 2020, employees of certain businesses became eligible for FFCRA paid leave if they are unable to work or telework for certain covered reasons. Therefore, it must be clear whether an employee has the ability to telework. Scenario: An employee has been teleworking during the COVID-19 crisis and also is at home with her kids while schools are closed. On April 2, the employee indicates she can no longer telework and is eligible for FFCRA paid leave. It is not lost on anyone (including employers) that many teleworking employees have been juggling remote working with at-home childcare or homeschooling since many schools are closed. However, an employee who is able to telework generally is not eligible for FFCRA paid leave. On the other hand, if the employee provides an oral or written statement certifying that he is unable to work because of the lack of childcare, he likely is entitled to the leave, unless she can telework. (See USDOL Temporary Rule, 29 C.F.R. § 826.100). This scenario raises one of the complexities of teleworking during the COVID-19 crisis where employers have to balance the credibility of employees' certifications with being flexible during uncontrollable circumstances (i.e., what do you do if the employee certifies that she cannot telework due to childcare?). While there is no "right" answer to this scenario, it underscores the importance of employers setting clear expectations and being flexible during these unprecedented times. 20

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Define Job Duties Simply put, some job duties cannot be done remotely. For a period of time, an employer may be able to forego certain tasks and should communicate as much to the employee. However, it may be that some employees can telework 100% of the time, whereas others need to go outside of their home office to perform particular job duties. These expectations must be clear. State and local stay-at-home orders may identify certain businesses as "essential," meaning they can (and, for some, should) stay open. This has raised questions among employees who wish to stay home but, under the applicable order, are permitted to go to work. Further, employees who are able to telework are ineligible for FFCRA paid sick leave for purposes of adhering to a stay-at-home order. (See USDOL Discussion regarding Temporary Rule 29 C.F.R. § 826.20). Scenario: An administrative employee of a medical lab can conduct most of her job duties from home. However, one of her job duties is opening and distributing incoming mail. The administrative employee indicates she cannot come into the office due to a local stay-at-home order. If the medical lab is considered an essential business that can stay open, then the lab will need to clearly define which employees must work in the office or lab (while taking necessary precautions) and which employees can telework. For this particular employee, if one of her job duties is to open and distribute mail, she will need to come into the office. However, the medical lab may determine that this job duty can be reassigned (perhaps to another administrative employee who will be in the office).

Define Work Schedules For many employees, work can be conducted at any time of day, so long as deadlines are met. However, this is not the case for all jobs and is especially problematic for nonexempt employees who are accustomed to punching the clock at the worksite. For those nonexempt employees who are now teleworking, the new normal includes different forms of clocking in and clocking out, but there are some related pitfalls to consider. Employers must continue to adhere to the Fair Labor Standards Act (FLSA) requirements of paying overtime for any hour worked in excess of 40 hours in a workweek. However, employers and employees can agree to adjust working hours to help the employee handle personal matters (e.g., teaching a child at home while schools are closed). The USDOL recently recognized the potential need for unconventional hours and acknowledged the disconnect from existing regulations (29 C.F.R. § 790.6) requiring that nonexempt employees be paid for time between the first and last principal activities, known as the "continuous workday" rule. The USDOL's Temporary Rule suspends enforceability of the continuous workday rule only while teleworking due to COVID-19. (See 29 C.F.R. § 826.10). In line with establishing a certain work schedule, employers should remind nonexempt employees to keep diligent time records and not work after they clock out. Because many teleworking employees use personal cell phones, it is important that supervisors not text or call employees outside of their scheduled working hours (unless you are confident the nonexempt employee accurately reports that time as working hours). Scenario: While teleworking, a nonexempt employee was logged into his computer from 8:30 a.m. until 8:30 p.m. However, the employee was scheduled to work for

only 8 hours and did not request overtime. The key here is whether the employer has a mechanism for employees to approve their time records. While logging in and out of a computer system may be a new form of clocking in and clocking out, this may not be a sufficient timekeeping system for nonexempt employees. In other words, the employee should certify he only worked 8 hours by submitting or approving his time record. Otherwise, the presumption is that he worked for 12 hours. It is also helpful to note that, for the duration of the COVID-19 pandemic, it is irrelevant that the employee's first work-related act occurred at 8:30 a.m., and his last act occurred at 8:30 p.m., so long as he is compensated for the hours in which he did work.

and pay the employee based on how much time he worked. If he is an exempt employee, the employer may be required to pay him for a full week's salary for any week in which he performed work while on leave. And because he was on a protected leave under the FFCRA, as opposed to an employer's discretionary paid time off or unpaid leave of absence, the employee also is entitled to an extension of leave for the amount of time he worked. In this situation, the USDOL has recognized that certain types of FFCRA leave may be taken on an intermittent basis, but only upon agreement by the employer and employee.

Ensure Employees on Leave Do Not Telework

Transition Back to the "Old" Normal

There are benefits of being able to work at any time while at home, but teleworking also may create unintended consequences for employees on leave. During the pendency of the COVID-19 outbreak, businesses may have various employees on leaves of absence under company policy or according to local, state, or federal law, including the FFCRA. These employees should not be working from home while on leave. If they do, the employer will be required to pay these employees for any work performed and may be required to extend the length of leave. In short, any type of working while on an approved leave must be avoided.

We are all hopeful that businesses will transition back to "normal" operations in the coming months. When that happens, the same type of communications required for initiating work-from-home arrangements will be necessary to ensure employees understand what their obligations are in coming into work in lieu of teleworking. Employers also may need to update their remote working policies (i.e., replace any "temporary" policies specific to COVID-19). I hope we will be back to normal soon. Until then, embrace the new normal by anticipating teleworking issues, and stay safe out there!

Scenario: An employee requests FFCRA leave to care for his spouse who has been diagnosed with COVID-19. The employee sends several work-related emails during his two-week leave. As previously discussed, there may be another issue here about whether the employee is truly unable to telework, which is a requirement for FFCRA leave. Regardless, if the employee is on approved FFCRA leave, he should not be working and instructed not to do so. If this employee is nonexempt, the employer must obtain an accurate time record

Emily Massey, Attorney

Ward and Smith, P.A. egmassey@wardandsmith.com www.wardandsmith.com

Congratulations to these newly certified HR professionals who recently passed their HRCI exam!

Spencer Williams, MBA, SPHR, SHRM-CP, Human Resources Business Partner at ADP in Columbus, OH

Caroline Greene, PHR, Accounting/HR Coordinator at Cushman & Wakefield in Memphis, TN

Barbara Adkerson, MBA, PHR, Human Resources Coordinator at AdhereHealth, LLC, in Smyrna, TN

Our next Online HRCI (PHR | SPHR) Certification Exam Prep Class will be in August 2020.

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3 STEPS to Quickly Take Your Learning Programs Virtual By JOE MILLER

or many in the learning field, COVID-19 has thrust us into uncharted territory. We’re doing our best to stay home as much as possible, which in many cases means figuring out how to do our jobs from home. And even if we’re not working from home, we’re grappling with how to engage learners who are suddenly remote.

The truth is, COVID-19 is forcing learning professionals to make changes that modern learners have been demanding for a while, and modernizing your learning experience will serve your organization long after COVID-19 becomes a distant memory.

features in your streaming platform, and have someone from your team monitor for questions and facilitate discussion. Your efforts here will pay off. BenchPrep has found that learners who participate in discussions are 15 times more active within our learning platform. Understand that not all learners will be able to attend the virtual session in real-time because people are still adjusting to new work and childcare expectations. Record your session and make it available online for learners to access at their convenience. Be sure to include a log of the Q&A and share the poll results. Also, include plenty of follow up resources your learners can consult if they want to dig in on a topic in more detail.

With a little bit of work, you can virtually transform your learning programs in three phases.

PHASE 2: Adapt Your Content for the Digital World

PHASE 1: Go Online in the Immediate Term

Moving your educational materials online isn’t enough. You need to optimize your content and your distribution. And even if you already have a digital learning strategy in place, chances are there’s room for improvement.

This is the triage phase – you have to figure out how to transition your in-person classes, meetings, or conferences online and limit disruption for your learners.

Look at your digital learning content with a critical eye. Is it designed to give your learners the best possible experience, and is it optimized for online learning?

First things first: invest in video and screen sharing technology. G2.com is a great place to start your search and save time by browsing validated peer reviews. Zoom, Microsoft Teams, WebEx, and GoToMeeting are all highly-rated video conferencing options. The name of the game is business continuity, so preserve as much of the in-person experience as you can. Make sure your virtual instructor is trained and well-prepared. Leverage polling features to boost engagement, and don’t be afraid to acknowledge the situation at hand. You and your learners are in this together, and polling about how people are dealing with COVID-19 in their day-to-day lives will help your audience feel less isolated. If you’re able, turn on your webcam to let your learners see your face. This simple touch goes a long way in building a connection, and it will also help them pay attention. Implement social learning opportunities wherever possible: group work, discussion boards, you name it. Enable chat and Q&A 22

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One easy way to convert your content to an online-friendly format is to make everything “bite-sized.” Instead of posting an hour-long recorded lecture in its entirety, break lessons out into short, topic-specific videos your learners can consume in smaller chunks. Instead of posting a multi-page, text-only PDF your learners have to download to read, convert that content into short articles and videos that are easier to digest. Take it one step further and build short, media-rich web pages that offer supplemental photos, videos, and graphics to reinforce the words on the screen. Instead of having your learners work in isolation, provide them with social learning opportunities like group chats within a lesson or discussion boards where they can share with their peers. This also gives you rich feedback about learner engagement and the topics they might need more support understanding. Give your learners plenty of opportunities to test their knowledge and build confidence. You can leverage free tools like Google Forms, TypeForm, or SurveyMonkey to write and grade quizzes within your courses.

Along the way, be sure to collect as much data as you can about how your learners like to consume information and what’s most effective in helping them achieve mastery. Do they engage better with short videos than they do with articles? Can you draw correlations between the content they’re consuming and their performance on your quizzes? Continue to tweak, test, and optimize your digital content. After all, one of the biggest benefits of online learning content is the ability to change it quickly and easily.

PHASE 3: Lean Into a Modern Learning Solution The best way to serve and engage your learners for the long run is to invest in a robust, modern learning solution designed to meet their needs.

Finding a learning management system that fits your needs and delivers an exceptional learner experience will be essential to the long term success of your program, and it’s the best and easiest way to make sure you’re delivering the modern experience your learners deserve. Of course, BenchPrep is here to help you assess your needs as you adapt your learning program to the digital world. Schedule time to learn about our configurable, cloud-based learning platform and discuss your long term engagement strategy with one of our product experts.

Thanks to leaders in the business to consumer world like Netflix, Amazon, Starbucks, and Apple, people have come to expect convenience, personalization, entertainment, and an excellent user experience from all of their digital experiences. Professional learning should be no exception, but the learning space has some catching up to do. If you’re serious about learner engagement, find a solution that offers personalization as a way for you to meet your learners where they are in their learning journey. A modern learning platform can customize course content based on their strengths, weaknesses, confidence, and goals. Make sure your platform leverages gamification to build success and keep your learners engaged. Look for a solution that provides you the data you need to understand how your content is performing, which topics your learners struggle with, and what their path to mastery looks like. Data-informed decisions will help ensure your content is optimized and engaging.

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Visit benchprep.com to learn more. www.HRProfessionalsMagazine.com

The Three Top Challenges to Earning a Degree By KIMBERLY K. ESTEP

Tennesseans remain as committed as ever to expanding access to higher education in our state. According to a recent statewide survey commissioned by WGU Tennessee – the university for which I serve as chancellor – an overwhelming majority (87%) of Tennessee residents believe that having some form of education after high school is important. However, many Tennesseans also face real challenges to earning a postsecondary credential. The overall results of the survey demonstrate that it is time to take even greater steps in education access for Tennessee. Respondents identified three top challenges to earning a degree: cost, work responsibilities, and family responsibilities. Cost was the biggest factor, according to those who participated in the survey, with 67% citing it as a major obstacle to getting a degree. Next, work responsibilities at 65%. Finally, family responsibilities at 63%.

Most common obstacles keeping prospective students from earning a degree.

The rising cost of education has been a constant theme in our state and in our country for decades, and for good reason. We’ve seen costs skyrocket to unsustainable levels, pushing prospective students out of the education market and making degrees unobtainable. Our survey found that 47% of Tennesseans say they need more education for the job they want; but if cost remains prohibitive, these residents may find themselves beyond hope of ever achieving their career goals. This is partly why 36% of respondents believe that Gov. Lee’s administration should allocate more resources to higher education than Gov. Haslam’s, and 48% believe that the Tennessee government should increase funding for college education. These resources and funding may help to reduce the overall cost of education in Tennessee, but it’s also incumbent upon universities themselves to bring costs down. At WGU Tennessee, we implemented the Responsible Borrowing Initiative (RBI) as one way to address the cost problem. Through the RBI, all students who apply for financial aid receive a personalized financial plan, which recommends that students borrow only what they need to pay tuition and fees rather than the total amount for which they are eligible. Using our “Student Loan Scenario Calculator” – a personalized approach that gives students full visibility of their total student loan debt, including prior college debt, and projected debt at the time of WGU graduation – students can make an informed decision to borrow wisely. Two-thirds of borrowers accept our recommendations to borrow direct costs only, or less. As a result, the average borrowing per year per WGU Tennessee student (of those who borrow) has decreased by more than 40% since 2013. Work and family responsibilities present challenges to earning a degree as well. When someone works full time or has children in school, for example, it can be difficult to make time during the week to attend classes. Even if the classes are in the evenings, many people simply do

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not have the time to balance work, family, and education. Because of this, people can find themselves seemingly stuck, the degree they need for a new job or for a promotion always just out of reach. This is where online education is uniquely positioned to serve. In fact, our survey found that 63% of respondents believe that online college degree programs are as good as or better than traditional college programs. Online education offers more flexibility than traditional programs. WGU Tennessee is 100% online, and we’re competency-based, meaning that students earn credit when they demonstrate mastery of the material instead of when they meet a more time-based “credit hour” standard. This model allows students to do their coursework at their own pace, fitting education into their busy schedules and opening doors to the future. The survey gave us a window into the priorities of Tennesseans regarding higher education. Some 81% of respondents, for instance, agree with Gov. Lee’s focus on increasing higher-education opportunities in rural areas. That kind of number constitutes a mandate. The results are clear: Tennesseans believe that postsecondary education is important, and they want options. We need to buckle down and find creative ways, as Gov. Lee’s administration has already been doing, to help Tennessee residents overcome the challenges they’ve identified and succeed. For the full results of the survey, visit tennessee.wgu.edu/survey.

Dr. Kimberly K. Estep is the chancellor of WGU Tennessee, a state-endorsed affiliate of national, nonprofit, accredited Western Governors University. Follow her on Twitter @chancellorestep.

Collaborative

Work Environments

By AMANDA ORGERON

Southern Farm Bureau Life, our journey to collaborative workspaces began, as many do, with a challenging technology project and a critical deadline. Our IT staff had observed the successes of other technology organizations using “Scrum” environments, where small crossfunctional teams co-located, working in two-week “sprints” to deliver software features. We converted a break room into an open workspace with a conference table, a few PCs around the room, and a conference phone, and the team went to work. Based on the successes of that first team, we built additional scrum and collaborative work rooms – in breakrooms, conference rooms, and empty offices. Teams gave their rooms creative nicknames – we have a Tunnel, a Summit, two Think Tanks, a Lab, an Escape room, and some Caves. Over time, they installed pub lights and basketball goals, and brought in nerf guns and fidget spinners. Team members began having their milestone and social celebrations in these scrum rooms – breakfast to celebrate a successful release, or a birthday cake to observe a team member’s big day. But there was a lot besides birthday parties and nerf wars going on behind the scenes. Leaders of co-located teams had more tools at their disposal to develop what Google has identified as the “five keys to a successful team.” Communication and focus improved. High performers were visible, and low performers were held to higher standards by the clarity and camaraderie of this collaborative environment. To put metrics to that observation, we analyzed our December 2018 Gallup Employee Engagement survey results. Our collaborative workspace (scrum) employees scored 90% engaged, compared to 73% for non-scrum employees. In particular, scores were higher around recognition, teamwork, sense of mission/purpose, opportunity to develop, and social wellbeing (the “best friend at work” question). The power of this metric is that engaged employees work with more passion, innovate more effectively, and produce higher quality work. We had found the secret sauce! Over time, we began to translate some of these habits outside of IT development teams. Departments began having daily standup meetings in their previously unused common areas. Managers set up common work areas for internal projects where employees work sideby-side solving problems. And then one day we began to see a few clouds on the horizon. A particularly difficult set of projects had teams working overtime in some of these collaborative rooms. Some of our introverted team members began to struggle with face-to-face time, noise, and distractions.

Cross-matrixed team members loved being part of spin-up teams but began to feel isolated from their co-workers back in the departmental silos. Managers struggled to give feedback on team performance when team members were working in another area, or on another floor in our building. The real test came in March of this year, when the first positive COVID-19 case was reported in our state. Suddenly, “social distancing” became part of our vocabulary, as we shuttered our scrum rooms and began transitioning employees to work remotely. We faced a new challenge: How do we maintain the benefits of collaborative workspaces, and keep our employees from coming within ten feet of each other? As you’d expect, we turned to technology to leverage collaborative workspaces in a virtual environment. We replaced daily “standup” meetings with daily conference calls, complete with dogs barking in the background and kids fighting over TV remotes (in reality, this “local color” was no more distracting than nerf guns and basketball hoops in scrum rooms). We waved to each other’s children over video conference. We replaced watercooler jokes with memes shared on team message boards (tools like Slack or Microsoft Teams, and others). We shared pics of ourselves working with pets in our laps and in baseball caps and t-shirts. We experimented with virtual whiteboards and video chat. We continued to leverage shared visual tools like Kanban boards to manage work, and other practices we had developed in our co-located environments. We learned to be deliberate, but flexible, about our approach to this new way of working. We faced it with a sense of adventure and an eye to innovation. As of this writing, we don’t know if this will be our new normal for a few weeks or a few months – but we do know that we still have customers to serve, and we have teams to lead and staff to care about, and our ability to collaborate effectively is more important now than ever. And when we finally return to our beloved scrum rooms, we will do so with new tools at our disposal for our introverts and matrixed team members and remote workers and others who may need be physically separate but are ready and willing to collaborate in this shared workspace environment.

Amanda Orgeron, PMP, FLMI

Director, Project Management Office aorgeron@sfbli.com www.sfbli.com www.HRProfessionalsMagazine.com

9 Predictions on How COVID-19 Will Permanently Affect the Workplace By SUSAN MCCULLAH

The Coronavirus has upended just about everything. We all want to see our lives get back to normal, but what will that mean? The future is murky, and we all agree there will be some permanent changes to the world. These are bound to alter our working environment. Here are 9 predictions on how COVID-19 will permanently impact the workplace.

#9 Time-to-Hire Will Decrease As HR pros, recruiters, and hiring managers hustle to fill jobs in healthcare, retail, and transportation, the virus is demanding they fast-track these people into their positions. This full-steam-ahead approach is likely to remain after the pandemic. Why? This event is showing HR the fluff, extraneous, and unnecessary steps that were in their hiring process. You can expect them to be stamped out in the future.

#8 More Full-Time Remote Workers “Necessity is the mother of invention” is an old saying that rings true with the large number of Americans who are now working from home offices. Companies have been forced to pivot and shift on come-to-the-office policies, set up remote work technology, and establish a new level of trust with their employees. This will most likely be something that sticks with many companies after the Coronavirus threat is minimized.

#7 Touch-Free Initiatives Will Remain A few weeks ago, it would have been considered bad manners to not offer a friendly handshake as a greeting. Not so now, or probably ever. The Coronavirus has screeched touching to a halt, and it will most likely stay that way in the workplace. Employees across all industries will need to accept this as the new norm. This change will be the most difficult for Boomers.

#6 Company Culture Will Experience Challenges Company cultures that have thrived will be dealt a blow to their rich culture. Work from home employees contribute to the culture differently than on-site employees, and building rapport is more difficult. Management will be forced to be creative in weaving relationships together, and culture will evolve as a result. Over time, this may not be a bad thing, it will just be different and take a different type of effort.

#5 Giving Back Will Increase Uncertainty can shake us to our core and show us why we, as humans, must be thankful. Once companies rebound, many leaders will remember these feelings of doubt, worry, and need. Companies that were already good corporate citizens will most likely amp up their efforts to create a better community for themselves, their customers, and their employees. Organizations that weren’t previously “into” philanthropy will look closer at how their efforts could positively impact those in need. While COVID-19 is currently destructive, this prediction is one of the positive effects it will leave in its wake.

#3 Proactive Plans Will be Created Numerous businesses, small ones especially, were, unfortunately, caught unprepared for the pandemic. While nobody could have predicted this happening, the future will bring in more planning for disaster. A cash “cushion” for a few weeks’ expenses and payroll, written protocols, plans for scaling down in an emergency, and work at home set-ups will be components that organizations will add to their day-to-day operations. Some may even be more creative and have a contingency business ready to go in place. For example, a gym may transform into an overflow area to the local hospital.

#2 “Essential Worker” Pay Will Change This will be one of the biggest changes from the pandemic. The world watched while the employees who were “essential” kept the country from collapse, and people won’t soon forget it. Over the next few years, it’s likely there will be a complete overhaul in the way these workers are paid. Increases in the minimum wage, additional benefits, and a newfound respect that can’t be measured by money will flourish.

#1 Cross-Training Will Increase Keeping the doors open with fewer workers has always been attractive, and it’s going to be even more appealing once we get back to “normal” times. Cross-training employees will enable them to handle more than one aspect of the business. This is another positive business outcome from the coronavirus. During an emergency, workers will be ready to perform the most needed tasks with little or no learning time, allowing companies to maintain their productivity and effectiveness, even with a skeleton crew. The throws of this pandemic are unsettling and worrisome, but we will come out of it with new knowledge and insight about our country, our business, and our employees. These 9 predictions of how the future may look are generally positive results of an enormously negative few months. HR pros and business leaders can start now in planning for a bright, if different, future for themselves and their organizations.

#4 Stringent Data Security Protocols Will Emerge Emergencies like the Coronavirus pandemic unveil company weaknesses regarding security. Yes, most companies have policies in place, but many will find it wasn’t enough. Fraudsters are already busy planning to take advantage of this situation, and some will succeed. Leaders will learn from this and invest money and training into shoring up their weak spots and protecting their information better than ever. 26

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Susan McCullah, Senior Marketing Manager Data Facts, Inc. susan@datafacts.com www.datafacts.com

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HR Strategy:

Planning for the Return to Normal By JANIE WARNER

Unprecedented. Crisis mode. Layoffs. Furloughs. Business continuity. We are living in an unusual business cycle. One that affects not only how our company operates, but how we go about our personal business in our everyday lives. Everyone is stressed, worried and frustrated. Because we don’t have a firm end date, we all feel off kilter and looking for some direction. We may not believe it, but this will pass. One of the best ways to give your work direction (and to stem that anxious feeling that you are just treading water) is to start looking at your HR strategy for the rest of the year. That great strategic plan you had in the fall of 2019 has been dealt a serious blow. It’s time to re-evaluate and re-align your strategic focus and goals to address the business challenges of 2020. A few things to consider: • What will your business look like once the crisis has abated? • Will your products and services be in extreme demand – or will there be a gradual return to pre-COVID 19 production? • Within that vision, what will the staffing needs be? • Will your organization immediately bring everyone back to work? Or, will it be a time of “right-sizing” in order to strategically align staff numbers to the new business model? • Are you prepared for the reality that some – perhaps many – of your needed/skilled workers may not desire to return to work at your company? All of these considerations are important and as an internal business partner, Human Resources can and should be leading these conversations now rather than having to be reactive once the world rights itself and starts the journey forward to a new/different business reality. Once some of these questions have been answered, it will be time to start focusing on the future and preparing. Having plans in place to address the concerns will alleviate some of the stress that will naturally occur once businesses gear up and go back to work. 28

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Here is just a sampling of some things to start planning NOW: 1. Working remotely may have not been encouraged in the past but quickly has become a reality during the pandemic. Look at what worked well and what didn’t and be prepared for employees to ask for continued WFH (work from home) solutions once the crisis is over. 2. Be prepared for an onslaught of vacation requests – it may technically be a short summer because of travel restrictions for the traditional vacation months. Have a plan in place to address business continuity while still allowing employees the respite they will probably need. 3. If you had to furlough or lay off workers, think ahead to your staffing concerns if employees choose not to return. 4. Put a plan together for a gradual return to normal. Day one of the return will not be business as usual. What will that look like? 5. How will you say thank you? Plan now. Work may be extra intensive once restrictions are removed. How will you incentivize and reward employees for putting in the extra effort once they return to the workplace? There are probably several hundred (at least) employee related considerations that will need attention as we move further into the year. The imperative at this point is to: FOCUS – EVALUATE – ALIGN STRATEGIES – SET GOALS. Jeff Boss, author, entrepreneur and former Navy Seal writes: “Having a clear, compelling goal mobilizes your focus toward actionable behavior. In other words, goal setting should motivate you.” (Forbes: https://www.forbes.com/sites/ jeffboss/2017/01/19/5-reasons-why-goal-settingwill-improve-your-focus/#1f2c9e90534a) Make your plans – plan your goals – and work toward achievement. It will make today’s confusing world seem a little less scary. And that is definitely a good thing.

Janie Warner, SHRM-SCP

National Practice Leader/HR Advisory McGriff Insurance Services, Inc. Janie.warner@mcgriffinsurance.com www.mcgriffinsurance.com

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Guiding Your Employees Through COVID-19 The COVID-19 pandemic has had catastrophic effects on our public health and economy. Many businesses have felt the unbelievable impact this situation has had on their employees, their daily operations, and their companies as a whole. During these uncertain times, many employers are searching for answers on how to best safeguard their most valuable asset, their employees. In times like these, when many businesses’ financial health is in jeopardy, tough decisions come to the forefront. For many employers, reductions in compensation, benefits, or employees are the last options they want to consider. However, over recent weeks these decisions have become increasingly more common and even more necessary for the future of their businesses. Fortunately, the government has stepped in to assist employers during this disastrous situation. On March 27, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act, or CARES Act, into law. This $2 trillion package includes many provisions aimed at helping companies who were negatively impacted by the pandemic. One of the major components of the CARES Act that employees are increasingly concerned with are the features for 401(k) participants seeking financial relief. First, it’s important to understand that these provisions only apply to “eligible” participants as it relates to COVID-19. Under the Act, eligible participants include individuals who: • Are diagnosed with coronavirus • Have a spouse or dependent diagnosed with coronavirus • Experience adverse financial consequences as a result of a quarantine, furlough, lay-off, reduction in work hours, business closure, the lack of childcare, or other factors determined by the IRS due to the coronavirus emergency. Unfortunately, with millions of Americans falling into one of those categories, there’s a vast need for employers to understand how the CARES Act can help their employees and their company. There are three key points to this legislation that directly impact employer-sponsored retirement plans.

1. DISTRIBUTIONS With all the hardships many people are facing, the government deemed it necessary to relax some of the usual rules regarding retirement plan distributions. The CARES Act helped alleviate some of these regulations as it pertains to age, penalties, and tax withholdings. 30

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By JIM TRUJILLO

In a typical situation, it is very difficult to take money out of a 401(k) plan before age 59 ½. And even when you can, you will have to pay a 10% penalty AND tax in the year it was distributed. This is where the CARES Act can help 401(k) participants. For the remainder of the year, penalty-free distributions up to $100,000 can be made for those eligible participants, regardless of age. This means that individuals looking to take advantage of this benefit do not need to worry about paying the 10% penalty back to Uncle Sam. Next, the typical mandatory 20% tax withholding on the distribution is waived. In other words, the amount a person requests is the amount given. But as the saying goes, “nothing in life is free”, and taxes still must be paid in most circumstances. The good news is there are additional options in how those taxes can be paid. Individuals now can pay the taxes on that distribution over the next three years, and not just in the year of the distribution as it typically would be required. Even better, individuals can avoid paying taxes entirely if the distribution amount is rolled back into a qualified plan or IRA within three years.

2. LOAN RELIEF For those eligible participants not wanting to take a full distribution, the CARES Act has provided some new flexibility with loans from 401(k) accounts. If a 401(k) plan provides loans as an available feature, participants are now eligible to a loan amount of $100k, or 100% of the participant’s vested account balance, whichever is the lesser of the two. Additionally, regulations regarding the repayments of these retirement plan loans have been eased. Participants who already have a loan, and who are eligible, can now suspend repayment for 12 months.

3. CARES ACT IMPLEMENTATION Every 401(k) Recordkeeper and Third-Party Administrator (TPA) is handling the implementation of these new provisions differently. Many are allowing for negative consent which means if you say nothing then it will automatically be added to your plan. But this is not the case for everyone, and some are requiring a manual “opt in” before these features are implemented. Plan administrators should receive notification from their account manager or plan advisor about making this election.

(S. 3548 - The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) – 116th Congress (2019-2020) https://www.congress. gov/116/bills/hr748/BILLS-116hr748enr.pdf )

better prepared and more confident knowing they have a trusted resource that can help their employees, with only the employees’ best interest in mind.

But the CARES Act isn’t the only legislation made specifically for employees during these uncertain times. The Families First Coronavirus Response Act (FFCRA) provides temporary relief to eligible employees affected by the COVID-19 pandemic through a new paid sick leave benefit (Emergency Paid Sick Leave Act or “EPSLA”), and an expansion of FMLA (Emergency Family and Medical Leave Expansion Act or “EFMLA”). (H.R.6201 - Families First Coronavirus Response Act - 116th Congress (2019-2020) https://www.congress.gov/bill/116thcongress/house-bill/6201/text)

Between the ever-changing landscape of this pandemic, carrying the burden of making crucial company-wide decisions, and being a knowledgeable resource for these vast new regulations (all while providing calm and collected employee support), HR professionals can understandably feel both isolated and overwhelmed. This work can be exhausting, but luckily no one has to go it alone.

These two pieces of legislation have certainly lessened the load for many Americans, but it may have shed some light on the need for a more focused financial resource in the workplace. As many employees try to grasp how these new regulations impact their benefits, HR managers have had to become immediate experts in these extremely complex arenas. While no one could have forecasted this pandemic, it highlights the importance for companies to make their employees’ financial wellness a priority. Many companies are flipping the perspective of this negative situation and turning it into a learning opportunity for their workforce, and a support system for their HR teams, by partnering with professionals. Whether it’s through benefits education, individual financial counseling, or planning for emergency situations, fiduciary financial advisors can act as a key ally for companies and their employees, especially in times of fiscal uncertainty. We are finding the HR partners we work with are much

One silver lining that has emerged from this challenging situation is the collective support of humanity, as people are coming together to help their neighbor in their time of need. Now more than ever, individuals are lending their knowledge and experience to help their fellow man. Governmental professionals, attorneys, and financial advisors are emerging as valued partners for Human Resources during these unsettling times. Lean on them to help lessen the load and guide you and your employees through this uncharted territory. It’s what they do every day – and if they’re doing it for the right reasons, they will get just as much out of it as you and your employees will.

Jim Trujillo, CFP® CCFS® PPC®

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

Make your employees’ transition as positive as possible. We’re here to help. Download our free guide, Transitioning Your Employees with Care at WWW.ARGI.NET/TRANSITION Respective services provided by ARGI Investment Services, LLC, a Registered Investment Adviser, ARGI CPAs and Advisors PLLC, SCA CPAs and Advisors, PLLC, ARGI Business Services, LLC, and Advisor Insurance Solutions. All are affiliates of ARGI Financial Group. www.HRProfessionalsMagazine.com

Hopelessness is NOT an Option! By LEEANN BAILES FOSTER

HOPELESSNESS IS NOT AN OPTION. I’ll type that again; hopelessness is not an option. Life is not fair. Bad things happen to good people. Life is full of unexpected curve balls. These are facts.

 Perform positive self-talk. Who better to give you a pep talk than yourself? You know how you are feeling and what you need to feel better. Affirm to yourself what you have been doing to help others. Spend some ‘Me Time’ each day.

As Human Resources Professionals, we are looked upon by our organization’s leaders and team members as a thermostat. What? What does a thermostat have to do with being an HR Professional? Merriam-Webster teaches us that a thermostat is “an automatic device for regulating temperature”. Are matters in the organization, the community, or the world running hot or cold? The HR Representative should show immense Emotional Intelligence (proper management of emotions) during times of distress and turmoil. Regulate the culture.

 Feel the Helper’s High. Dopamine is excreted when we help others, when we are generous. Be still. Let yourself celebrate the good feeling from doing good works.

Today, we are experiencing turmoil like never in our lives. After reading this article, my hope is for you to have encouragement to care for yourself as you tirelessly care for others, tools to assist for employees and to have increased hope. Do you remember Cindy Lou Who and her relatives, the Whos of Whoville? Cindy is the leading lady along side the Grinch in the Grinch Who Stole Christmas. The Grinch thought he took everything from the Who Family. He stole Christmas. Or, did he? On Christmas Eve the Grinch witnessed little Cindy Lou Who and all the people in Whoville smiling, singing and dancing. The Grinch stole all of the visible ‘things’ from the Whos; however, the extrinsic thing, the material and visible, were not missed. Ah ha! The happiness of the citizens of Whoville came from invisible things. Just like the culture in our workplaces. The intrinsic, invisible things matter the most. COVID-19 cannot steal our joy unless we allow it to do so. During this time, hold fast to the invisible things like helping others, camaraderie, companionship, laughter, and compliments. How do we remain positive for our leaders and employees? What can we do to help them?

As HR Professionals, we must gauge our own “Positive Energy Levels”. As you continuously care for others, you must be self-aware of how you are feeling, physically, mentally and emotionally. Consider doing these things to keep you healthy: 32

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 Apply past solutions. Think! What worked in the past to give you energy? What gives you strength? Reading, running, playing the piano, singing, learning, etc. Repeat those solutions.  Look for a silver lining. End each day with a “Tell Me Something Good” moment. The worst situations produce good. Be aware of the good around you.  Think about happy things. Memories are ours to pull up when we need a lift. Make yourself laugh and smile.  Banish negative thoughts. Stop them. Change the negative feedback loop to a positive one. Go no further. Think a happy thought immediately.  Get positive advice. Approach a member of your personal Board of Directors. Be sure the person is a trusted advisor regarding the area you need help. Ask what he/she would do to pump up the positive energy.  Stay away from too much bad news. Only allow so much time per day to listen to news stations, scroll through Twitter, etc.  Perform tasks that are a result of conflict resolution. Stay focused on making things better. Be proud to be part of the resolution.

Now, that you are feeling strong and well, let’s move on to our co-workers. Following are virtual activities to inspire connectiveness while we are separated. Some of them are from Zappos. They and others are doing innovative and uplifting initiatives to help their community of employees:  VIRTUAL HAPPY HOURS: Have departments/workgroups set weekly times to share a drink together via video conferencing. Each participant should share something good that has happened to him/her the past week. Bottoms up!  VIRTUAL GAMES: Zappos posts Bingo cards for employees to print remotely. Throughout the day the company posts a letter & number. Prizes were sent to the winners.

 VIRTUAL INTEREST GROUPS: Set up Book Club Groups. Present a book for all to read and discuss. What about Foodie Groups? Participants can share cookie tips, recipes, take-out options, etc. A Fitness Group can hold fellow members accountable for working out. Netflix Groups can pick a series to watch at the same time; then, plan virtual gatherings to discuss them.

One of my favorite songs is Never Going to Steal My Joy by Mandisa. Following is an excerpt of the lyrics: “So, get up, stand up and rise above it If every plan that you made goes so wrong You don’t have to give into the struggle You may be down but don’t stay there for long In every hopeless situation here is a song of redemption Life may push my heart to the limit But I won’t let go of the joy in my soul ‘Cause everything can change in a minute And the world (COVID-19) may try but they’re never gonna steal my joy.”

 VIRTUAL ROUNDTABLES: Consider holding weekly, virtual business updates to keep employees informed regarding what has happened, is happening and will happen soon. Informed employees are engaged employees.  VIRTUAL FAMILY ACTIVITIES: E-mail pictures with hidden Easter Eggs in them. Have the family gather to search for the eggs.  VIRTUAL GAME GROUPS: Get away from it all by creating a video game group with co-workers. Get those competitive juices flowing.  VIRTUAL LUNCH/DINNER GROUPS: Prepare your lunch, cook your dinner; then, dial in co-workers to share regarding the progress of the projects you are working on.

At the very lowest point of my life, of course, excluding losing my Dad and Mom, my big brother Jimmy and I were running together on a course we had run several times. Halfway into the run, I just stopped. I was weak from stress and worry. I wasn’t sleeping or eating well. I told Jimmy I could not go any further. He gave me two great pieces of advice that day. One was, “Where there is breath, there is hope.” The second piece of advice will be revealed in another article! We have breath. We must remain hopeful. Everything will be OK. Hopelessness is not an option!

The Whos from Whoville refused to let their joy be stolen by the Grinch. Let’s support each other. We will prevail through this pandemic. As history tells us, our ancestors prevailed repeatedly. We can, too.

LeeAnn B. Foster | Head Coach Leadership & HR Consultant www.teamfosterhrstrategy.com

Compliance with Compassion… … using your head, your heart, and your hands to nurture your employees. TEAM FOSTER HR STRATEGY provides comprehensive human resources consulting services for small to mid-size businesses. Offering turnkey solutions for clients, Team Foster is committed to compliance with compassion. With 30 years of industry experience, LeeAnn excels at relationship management, conflict resolution, and employee engagement. Team Foster works with you to motivate and manage HR issues from the inside out – supporting your existing human resources team and coaching your staff to solve problems with an integrated approach. Team Foster HR helps you build a collaborative corporate culture to further your business goals and strengthen your performance.

LeeAnn B. Foster | Head Coach Leadership & HR Consultant +1 865-719-1177 mobile

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Layoff or

Furlough? I. Introduction Companies, both large and small, are having to make a lot of decisions regarding how best to operate and remain viable due to the economic instability resulting from COVID-19. Employers are facing tough decisions on how to preserve their business and weighing the option of layoffs and furloughs for their employees. This article will explore the differences between layoffs and furloughs and identify the various considerations when determining which may be the best response to COVID-19. It is important to distinguish layoffs from furloughs. Generally, the term layoff is used to describe the termination of an employee based on no fault of the employee. A layoff is considered a loss of employment. Whereas, a furlough is a mandatory temporary unpaid leave of absence. It is important to note that simply reducing an employee’s salary or rate of pay without an accompanying reduction in hours would not be considered a furlough. While the aforementioned definitions apply to most states, there are states that consider furloughs to be a termination in certain circumstances. Employers should defer to the definition used by their state.

II. Considerations When Determining Whether to Layoff or Furlough There are company and employee considerations that aid when determining whether a layoff or furlough is appropriate.

Company Considerations •M anaging Employer Needs - Employers must consider how to best manage their needs. Employers must conduct a costbenefit analysis prior to deciding how to proceed in these uncertain times. Wages and benefits are a large portion of the analysis. In addition to cost factors, employers in many industries must factor in the need for flexibility in their ability to manage their workforce. In addition, some employers must consider how to ensure that the affected employees return to work when the time comes. •P aid Time Off - One potential cost associated with laying off employees is having to pay employees for any 34

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Workforce Considerations During the COVID -19 Crisis By SIERRA J. GRAY and ROBERT S. ELLERBROCK, III

accumulated paid time off in their final paycheck. While there are no federal laws requiring payment of accrued time off, many states mandate this payment. On the other hand, there is no requirement to pay out any accumulated time off for furloughed workers because they are still employed. •U nionized vs. Non-Unionized Workforce - A decision to layoff or furlough employees could trigger an employer’s obligation to bargain. If the collective bargaining agreement has procedures regarding layoffs and/or furloughs the employer is required to follow them.

Employee Considerations •U nemployment - Generally, laid off workers will be eligible for unemployment benefits and depending on state law, furloughed workers may be eligible for unemployment benefits as well. At the time of this writing, nearly all 50 states have waived any required waiting periods, which allows affected employees to apply for benefits immediately. In addition, on March 27, 2020, the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act expanding unemployment benefits was signed into law. While unemployment insurance is a joint state-federal program, it is mainly managed at the state level; however, as of April 1, 2020, all 50 states have signed a written agreement with the US Department of Labor to administer the CARES Act unemployment benefits in their respective states. The CARES Act extends all states’ unemployment benefits (26 weeks) by an additional 13 weeks (or until December 31, 2020) and adds an additional $600 to the amount received through state systems for 16 weeks, or through July 31, 2020, whichever comes first. While these additional benefits will be paid through the state, the benefits will be federally funded.

• Health Insurance - Generally, health insurance is a major concern for employees. This is especially true during the pandemic. Plan documents contain provisions that address the eligibility of employees during a variety of circumstances. As a result of such provisions, there is a chance that an employee

could lose eligibility for health benefits as a result of a furlough or layoff. However, if the current documentation does require a loss of coverage for those individuals, there is a chance that the current policy could be amended to allow for coverage for an extended period. Employers are advised to review the term of their current policy or plan and consult with their applicable insurance carrier or stop-loss provider before making any offers of extended benefits. If a laid off or furloughed employee does lose coverage, they should be eligible to continue coverage by making a COBRA election.

III. Implementation of Layoff/ Furlough When conducting reductions in force through layoffs or furloughs, employers should keep in mind applicable federal and state notice requirements, the selection process, and what they communicate to their employees.

Federal and State WARN Notice The Workers Adjustment and Retraining Notification (WARN) Act requires “qualifying” employers to provide 60 days’ notice of plant closing or mass layoffs lasting six months. A qualifying employer is an employer that either has 100 or more employees, excluding part-time or 100 or more employees who work at least 4000 hours/week (not including overtime). Generally, layoffs or furloughs lasting less than six months would not trigger a WARN notice. However, due to the uncertainty caused by COVID-19, employers should carefully analyze whether a layoff or furlough could last longer than intended when determining whether to provide notice. In addition, there are several WARN-like obligations created through state and municipal laws (mini-WARN) that must be analyzed. Mini-WARN Acts can have different definitions that can trigger a notice requirement where the federal notice does not. For example, the mini-WARN acts of four jurisdictions (California, Tennessee, Vermont and the City of Philadelphia) have triggering periods of less than six months.

Selection for Layoff or Furlough When selecting employees for layoff or furlough, it is essential to identify the

decision maker and to develop an objective selection criteria which could include: • performance ratings; • job functions; • past merit bonuses • job criticality; and • education/certifications. While objective criteria is preferred, subjective criteria such as performance potential, communication skills and leadership ability can also be helpful factors to consider. Applying subjective criteria should be done as objectively as possible. It is recommended that employers keep a record of the selection criteria and how the criteria was applied.

Structure of Furlough It is critical to be mindful of employees’ job classification (exempt or non-exempt). Employers normally have greater flexibility to change work schedules of non-exempt employees. The main concern is ensuring compliance with the Fair Labor Standards Act. Basically, an employer can reduce non-exempt employees’ hours, without liability concerns, provided the minimum wage requirements are satisfied. This flexibility is not extended to exempt workers. Exempt employees must be compensated

their full salary for any week in which they perform an hour of work.

Employee Communication Communications will vary depending on if it is a layoff or a furlough. In the case of a layoff, the employer should communicate: • the layoff was a result of COVID-19; • information regarding any severance pay; and

IV. Conclusion COVID-19 has caused critical changes to business and supply chains which is requiring companies to make difficult decisions to maintain their operations. During this time, it is essential for companies to conduct a thorough cost benefits analysis and weigh the best response to this unprecedented time.

• unemployment compensation. In the case of a furlough, the employer should communicate: • the furlough was a result of COVID-19; • expected duration of the furlough; and • explicit instruction that unauthorized work is not permitted during the furlough. In both situations, paid time off and benefit eligibility should be addressed. Communications should indicate whether affected employees will have access to paid time off and if so, the procedures to be followed. If the furlough will affect employee benefits, employees must be informed of any changes to their benefits. In addition, they should be notified of any continuation options such as COBRA.

Sierra J. Gray, Associate

Ogletree Deakins Birmingham sierra.gray@ogletree.com www.ogletree.com

Robert S. Ellerbrock, III, Of Counsel Ogletree Deakins Birmingham robert.ellerbrock@ogletreedeakins.com www.ogletreedeakins.com

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COVID-19 and the Rights of Essential

Businesses When Employees Strike

By JONATHAN LEVINE and A. JOHN HARPER III

Essential Businesses (as defined by CISA and in various state “Shelter in Place” or “Stay at Home” orders) and their employees continue to fight the war against COVID-19 with great resolve and compassion. Healthcare systems have mobilized to treat patients, medical device and personal protective equipment manufacturers are working overtime, and distribution companies continue to ensure that our supply chain remains strong so hospitals, pharmacies, and grocery stores have what they need to support the health and safety of their surrounding communities. Recently, the vital services Essential Businesses are providing during this national emergency have been tested, including by brief walkouts and strike threats. Many employees and some union leaders have been critical of such tactics, and expressed their appreciation for the commitment many Essential Businesses (union and non-union) have shown to keeping their workplaces as safe as possible and rewarding employees for the important work they are doing. The unique circumstances presented by the COVID-19 pandemic may very well color how the National Labor Relations Board (NLRB), Occupational Safety and Health Administration (OSHA), and courts will decide whether, under what circumstances, or to what extent threats to and actual refusals to work may or may not be protected. Considerations will undoubtedly include things like the nature and timing of the conduct, the type of work at issue, the industry in which the threat or refusal to work arises, the normal risks associated with the work and the workplace, whether the employer is subject to and complies with specific safety regulations or guidance (including guidance for operations during the pandemic), and whether the activities are prohibited by a labor or other agreement. For example, the NLRB and U.S. Supreme Court have squarely held that the National Labor Relations Act does not protect work stoppages that are “indefensible” when they are conducted at a time or in a manner that fails to protect the employer's operations from the type of imminent danger one would expect to result from their sudden refusal to work. The NLRB has further held that safety-based work stoppages by union employees covered by a contract with a no-strike clause are not protected absent proof of an abnormally hazardous condition, as opposed the normal hazards, associated with their jobs. Of course, the legal issue of whether a work stoppage or threat of one is protected is secondary to the practical, operational concerns constraining Essential Businesses as they seek to deliver critical goods and services. The success of Essential Businesses depends, as always, on a strong and engaged workforce. Yet responses to labor concerns that include discipline or discharge, or lawsuits seeking an injunction or damages, may not be effective immediately and could create liability and public relations issues in any event. The age-old adage that an ounce of prevention is worth a pound of cure is especially apt these days. Here are some steps employers may take to potentially mitigate business, legal, and public relations risks associated with threats of or actual work stoppages based on safety concerns arising out of the COVID-19 pandemic:

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* Review and implement CDC and OSHA guidelines governing workplace safety, sanitation and social distancing to the extent possible.

* Develop and implement an employee engagement plan (for

employees at all levels of the organization) that includes regular communications thanking employees for their work and explaining why the business is “essential,” why it is critical that it continue to operate, and what steps the employer is taking to address safety concerns and recognize their efforts.

* Ensure senior executives are as visible as travel and other restrictions permit.

* Be flexible and empathetic with employees, to the greatest extent reasonable under the circumstances.

* Consider establishing suggestion boxes (virtual or otherwise)

or other lines of communication directly with employees that will allow the employer to quickly receive and respond to employee complaints and ideas.

* Promptly respond to employee concerns and suggestions. If employees identify a safety concern, address it, explain how it is being addressed, or, if it cannot be addressed, explain why not.

* Implement a training program for supervisors and managers

on the employer’s COVID-19 response, employee communications, and what supervisors and managers are legally permitted to say and are prohibited from saying in the face of employee threats to cease or actual cessations of work.

* In unionized workplaces, understand what the contract does

and does not permit, promptly respond to legitimate union information requests, and be prepared to work with the union on various topics related to the COVID-19 operations plan. Employers do not need to agree to any union request or demand with respect to employment terms, but some unions have responded well when asked to be part of the solution.

Given the unprecedented nature of the current COVID-19 pandemic, employers should consult with experienced labor counsel about client and industry specific issues that may arise if they are faced with an actual or threatened work stoppage. Employers should carefully assess the specific legal and factual situation to determine appropriate next steps.

What should employers be doing about COVID-19? Littler’s comprehensive resources can help employers respond to the global coronavirus (COVID-19) pandemic. Learn how at littler.com/coronavirus

Jonathan O. Levine

Office Managing Shareholder Milwaukee, WI jlevine@littler.com www.littler.com

A. John Harper III Shareholder Houston, TX ajharper@littler.com www.littler.com

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Managing Work Injuries in the New “Work From Home” Era By JAMES V. THOMPSON

With the COVID-19 outbreak now ongoing, employers and human resources managers everywhere are under siege in the dual-front battle to keep business operations continuing as efficiently as possible. While many employers have had to shut their office doors, others have adapted by allowing employees to work from home. While some employers have allowed employees to work from home for several years, others are new to this process and arrived at this decision only out of necessity, not convenience. Those new to this process may soon realize that concerns abound when employees are out of their usual employer-provided and controlled work environment. One concern is the risk of a “work injury” and a potential workers’ compensation claim. How does an employer protect against or properly investigate a workrelated injury for an at-home teleworker? In my home state of Tennessee, compensability requires that an injury arise primarily out of and in the course and scope of the employment. The “primarily” qualifier requires evidence that the employment contributed more than fifty percent (50%) in causing the claimed injury, considering all causes. Occupational diseases (including diseases of the lungs) are allowable but must still be more than 50% caused by the employee’s work. Tennessee added the “primarily” qualifier in recent years to appeal to management and business communities; previously, the causation question enjoyed a more liberal, pro-employee interpretation. By comparison, the statutory standard for a compensable injury in our neighboring state of Mississippi requires that it arise out of and in the course of employment. An occupational disease arises out of and in the course of employment if there exists evidence of a direct causal connection between the work performed and the occupational disease.

Old Cases Provide New Insight Considering these statutory provisions, a few interesting Tennessee and Mississippi cases stand out in determining what might be considered a compensable injury for an employee now working from home. These court opinions help illuminate the factors to consider when answering the questions of “arising primarily out of work” and “direct causal connection to work.” The Tennessee Supreme Court in 2007 rejected a claim that an employee working from home, with the approval of her employer, sustained a compensable injury when a neighbor entered her home and brutally assaulted her. See Wait v. Travelers Indemnity Co., 240 S.W.3d 220 (Tenn. 2007). The Tennessee Court agreed that the injurious incident occurred in the course of her employment—at a place where the employer could reasonably expect to find her, and while she was on a meal break, similar to an employee’s meal break at an employer’s tradi38

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tional workplace. However, the Tennessee Court found that the assault did not arise out of the employment because no evidence indicated a causal connection between the work and the assault. The employee was not attacked because she was identifiable as the employer’s employee, was performing a job duty, or was safeguarding the employer’s property. The attacker did not single out the employee because of her association with the employer or because the employment indiscriminately exposed the employee to dangers from the public. Thus, no sufficient proof established that the work caused the risk of harm to the employee away from her usual workplace. Note that the Wait case was decided even before the enactment of the stricter “arising primarily” standard. Despite the lowered standard there was no proof that the conditions of the work, performed at home, caused this injury. In contrast, a recent Tennessee opinion throws a new curveball to employers: what about an aggravation at home of a prior compensable injury? In Ogden v. McMinnville Tool and Die, 2018 WL 2173724 (Tenn. WC App. May 7, 2018), the employee tripped and fell at work, sustaining a clearly compensable arm injury. Following that, the employee developed a pain-syndrome condition necessitating a spinal cord stimulator, thereafter developing weakness in his right leg as a common side effect. While the employee was at home, he began experiencing pain, went to his garage to retrieve his cell phone, and fell on some steps after his leg buckled. The Tennessee court found that this aggravation was compensable as a direct and natural result of a previously compensable injury. The employee did not act negligently, recklessly, or intentionally, to break the causal chain between the work and the injury. Thus, an employee’s activity at home could still bring liability to an employer if it aggravates a prior compensable injury. In Mississippi, an older state Supreme Court case also raises eyebrows over employees injured while working from home. In Joe Ready’s Shell Station and Café v. Ready, 65 So.2d 268 (Miss. 1953), an employee of a gas station worked at the station during the day, then performed bookkeeping work for the employer at her home at night. The employee regularly performed her work at a small table while sitting on her couch. The employer knew and approved of her bookkeeping work at home. One evening, the employee moved her husband’s gun from her couch to start her work. When she moved the gun, it discharged, wounding her hand. The primary question before the Mississippi court was whether the injury was sufficiently employment related. The employer argued that moving the gun was a household duty unrelated to the work. The employee claimed that she moved the gun in order to perform her bookkeeping work, not merely to tidy up the house. The Mississippi court was evenly split, resulting in the lower appellate court’s ruling for the employee being upheld. The Court’s plurality opinion favoring the employee found that it was necessary and reasonable for the employee to remove the gun in order to begin her bookkeeping work. The

employee’s work at home had been ongoing for five years, during which she performed her duties at a table pulled up to the same couch on which the gun had lain. As well, the Court analogized to the same act, yet performed on the employer’s premises: if the employee had moved the gun to sit at her desk or workstation at the employer’s premises, would the injury have been considered work-related? In contrast, the four dissenting justices determined the employee was acting as a housekeeper—not a bookkeeper—in moving the gun to place it back in a closet. The dissenters determined no hazard or condition related to the gas station caused the alleged injury, and the gun was not connected with the employer’s business.

Legal Challenges are Coming at HR Professionals from Every Direction

Pointers for Employers’ Investigations So, what lessons do these cases offer employers whose workers are now working from home? Clearly, employers cannot disregard claims simply because they occur off the employer’s premises. Employers should be aware that the primary question is whether the injury arises out of the work. Is there a direct causal connection between the work duties and the sustained injury? First, employers should determine why employees are working from home. Are these employees working at home for their own convenience? Even so, are they doing so with the employer’s approval and authorization? Secondly, employers should also determine the nature of the employee’s specific work activities, duties, and working conditions. What does each employee need to do to perform their work activities? What risks or hazards exist in performing those work activities, especially in a new home office setting? In comparison, what risks or hazards were present regardless of his or her work activities? Next, did the employee have a pre-existing work-related injury? If so, is his or her current physical problem a direct consequence of that work injury? Did the activities while working directly create an aggravation claim? In answering these questions, employers should be sure to carefully investigate and document the situation. Obtain a detailed statement from the employee as to what he or she was doing when the claimed injury occurred. Capture details as to the employee’s “work at home” environment and how the injury unfolded. Written statements signed by the employee are good; recorded statements, with an opportunity for follow-up questions, are even better. Obtain photos of the workplace setup. If photographs would be appropriate or important in the usual work setting, then there should be no objection to an employer seeking photographs in an off-premises work injury claim. When injury claims arise with employees newly working at home, employers should keep in mind the primary question is whether there is a sufficient causal connection between the work duties and the injury claimed, even if those work duties occur in an unorthodox office location.

That’s Why Rainey Kizer Makes Your Business Our Concern As the issues facing HR executives become more frequent, challenging, and complex each year, you need a law firm that provides advice invidualized for you specific needs. This is why you should know the employment law attorneys at Rainey, Kizer, Reviere & Bell, PLC. For over 40 years, our AV-rated firm has advised businesses, non-profit organizations and government agencies on all aspects of employment law. To learn more, please call.

Memphis

Nashville

901.333.8101

615.613.0442

Jackson

Chattanooga

731.423.2414

423.756.3333

James V. Thompson, Attorney Rainey, Kizer, Reviere & Bell, PLC jthompson@raineykizer.com www.raineykizer.com

Tennessee does not certify specialists in the area of employment law.

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COVID-19 Crisis May Speed Process for Physician Immigration By GREG SISKIND

hether the coronavirus is largely under control by the time this article reaches you or not, the pandemic has exposed a problem that has been apparent for many years to health care experts – the US faces a shortage of doctors and the problem is getting worse. The Association of American Medical Colleges recently forecast that the gap in the physician supply will grow to 122,000 in just over a decade. If you live in a rural area, you are the canary in the coal mine, and this is already a severe problem. The rest of America will be in the same boat soon enough.

Doctors who earn their medical degrees abroad but receive their post-graduation medical training in the US at American teaching hospitals are referred to as International Medical Graduates (“IMGs”). They constitute about ¼ of the doctors training in America and they have a critical role to play in the US health care system. This amounts to about 4,000 doctors per year who come on visas to train. American medical school graduates nearly all find residency slots and make up the other threefourths of doctors in training. In internal medicine IMGs are 39% of those doctors in training. And for psychiatrists who are playing an outsized role in the opioid crisis, IMGs are more than 50% of physicians coming out of training programs.

The Association of American Medical Colleges recently forecast that the gap in the physician supply

The proportion of international doctors in the US physician population has remained fairly steady for more than 60 years. Unfortunately, our broken immigration system is now pushing many IMGs to leave the US when their training is finished.

will grow to

122,000

in just over a decade.

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The visa doctors use to train is called the J-1 and doctors in residency and fellowship programs are typically here for three to seven years in that category. Once they finish, they are required to leave the US. But they can stay if they get a waiver sponsored by a state health agency or a federal agency (e.g. the Delta Regional

Authority) based on service in a federally designated physician shortage area. The state health agencies sponsor what are called Conrad 30 waivers (named after former Senator Kent Conrad of North Dakota) and there is a limit of 30 doctors per state. The federal programs have very restrictive requirements so most of the waivers granted are done through the Conrad 30 program.

Congress hasn’t passed an immigration bill of substance in nearly 15 years. Perhaps the pandemic will have shaken things up enough that the doctors may finally be the one group that can get things back on track.

Congress hasn’t passed 30 doctors per state is woefully inadequate to meet the need and it’s also unfair that a state as big as California gets the same number of doctors as Delaware. The physician immigration system is rife with other technical problems that also make life hard for doctors.

an immigration bill of substance in nearly

15 years.

And then there is a problem that usually strikes people as insane – more than a quarter of the IMGs wait on green card lines of twenty years or longer. That’s because they are from India and our immigration system has green card quotas that allow no more than 7% of any particular green card category to go to nationals of any particular country. India has many of the world’s best medical schools so this is not so surprising.

The wait times for Indian doctors have more than doubled in recent years and doctors and countries like Canada, Australia and the UK are actively taking advantage of the situation by recruiting these doctors.

Greg Siskind

Siskind Susser PC Immigration Lawyers gsiskind@visalaw.com www.visalaw.com

SISKIND SUSSER PC Tennessee’s Largest Business & Employment

Congress is actively considering legislation that could address much of this problem. HR 2895, sponsored in the House of Representatives by Brad Schneider (D-IL) and S. 948, sponsored by Senator Amy Klobuchar (D-MN), both have a lot of bipartisan support and few identified opponents. But general immigration politics seem to prevent bills like this from moving. Some are optimistic that the COVID-19 crisis may have moved the needle and we could see these bills move forward.

Immigration Practice

IMMIGRATION LAWYERS green cards business visas

The bills would expand the number of J-1 waivers for doctors and address many of the technical issues that slow down physician visa processing and address many of the technical problems hampering the administration of the physician immigration system. And it gets at the green card problem for Indian physicians by removing green card caps for those doctors who work for at least five years in a physician shortage area.

Memphis 901.682.6455

Comprehensive Immigration Legal Solutions Since 1994

Nashville 615.647.6006

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Strategic Vision for the Next Generation of Talent—Where’s The Covid-19 Crystal Ball for Internships? By KATHY A. TUBERVILLE

Spring 2020. Employers are anticipating great summer internship programs after developing creative engagement strategies with university and college partners. Students are becoming more and more aware of the need to prepare sooner than ever for the lowest unemployment rate in US history. Then….it happened as we all know. Covid-19 with its far-reaching tentacles begin to impact all aspects of talent management, including summer internship programs. In our regional area, this activity hit first with Spring 2020 interns. In the Fogelman College of Business and Economics, we are pleased to report that many of our interns were given the opportunity to work remotely by numerous employers and we thank those employers for their insight and ability to do so. The question now is where do internship programs go from here? We need to recognize that although we are in the midst of these changing times now, we have been here before. In the financial crisis of 2008, internship programs were also growing when all hiring hit a sudden slowing in most industries. The result of that sudden shift of reduced hiring left many employers with a highly impacted talent pipeline for developing preparation for the baby boomers upcoming retirement cycle. Training, knowledge management, and program structure were all impacted and suddenly in 2011, we saw a tremendous increase in the employer-driven race to develop sustainable internship programs as a key component of talent acquisition strategies What can we learn from 2008? Overall, in the 3,000 plus interns and full-time job seekers we have helped to prepare in the past few years from the Fogelman College of Business and Economics, our local business community has made tremendous progress in the development of strong and well-designed internship programs. We thank the employers who have intentionally invested time in developing programs that are built to grow and succeed. It is critical that we step back now and try to assess our next step carefully based on this important progress. Critical Steps For Future Internship Programs Dr. Robert Shindell, CEO of Intern Bridge, a national research and internship consulting firm, encourages employers to pace decisions and think past the immediate circumstances. “Employers are going to see their organizations return to talent-driven scenarios for multiple reasons. It is our recommendation at Intern Bridge that we seek to look past the immediate and see the solution as strategic for what new talent will still be needed, despite this current Covid-19 crisis”, Shindell states. As you read this you may say, that’s easier stated than “done”. While true, we are in an intentional strategy development period for all talent-related decisions. The important goal is not to panic in the short-term and keep a balanced and focused approach for the future. 42

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What should internship program employers do in the current COVID 19 space? First, identify your business strategy change for the next immediate period. Realistically, what change will be occurring? What is your level of expected talent shifts due to voluntary turnover such as retirement and promotions? Will you still be seeking talent in the next 15-18 months? What fallout exists because of furloughs and possible job restructuring? Second, analyze your internship program growth. Where were those intern hires most critical to talent gaps in the past year? Will those gaps be changing significantly, or will they have a rough bump in the third and fourth quarters of this year? If you can see where your internship conversions (an intern who became full-time) made a significant impact, think carefully before you significantly reduce your internship program scope. Third, use this time to get creative. It used to be said that “necessity is the mother of invention”. In 2020, “Covid-19 is the mother of invention”. While we anticipate some future shifts in how we work, we will still need strong talent to grow our organizations. How can you maintain your connections to your internship talent sources without forfeiting your progress? Look at a few strategies worth considering: 1) Which of your interns could effectively work remotely? With additional re-structuring and proper tools, this strategy might be highly do-able. More best practices are being developed to assist employers in this area and the college community is prepared to help employers in this transition. Using remote strategies can help build a new pipeline of opportunities for internships outside your local area. 2) To ease some of the short-term pain consider shorter internship programs that still allow you to develop valuable talent. Perhaps full-time summer or fall programs could be reformatted into 20-30hour week programs or a shorter number of weeks. 3) Consider project-based internships. These shorter internships allow you to see talent potential in a variety of roles, particularly technical roles. These shorter internships have also been called “micro internships’, shorter in scope but still rich in experience and development for the student intern. This type project support can help where other areas have been reduced in staffing. 4) Review the potential of talent development programs that can “feed” your future programs. Public accounting firms have mastered this concept well in the form of short-term initiatives such as leadership development programs. 5) Consider rotating interns among departments to expose interns to multiple departments. 6) Where possible, have departments “share” interns where functionality allows. This strategy allows for fewer interns but continued exposure to your organization. College interns are no doubt part of our future talent pipeline. Before moving forward with a drastic reduction of program goals, first review (or create!) options that could help you transition into a viable short-term strategy that also has a long-term focus. Your college community is here to help you—collaboration is key for future success. Now more than ever, collective thinking and creative collaboration can help to develop strong internship programming results.

Dr. Kathy A. Tuberville

Department of Management Director, Avron B. Fogelman Professional Development Center Fogelman College of Business and Economics University of Memphis K.Tuberville@memphis.edu

TOP

Educational Programs for

Professionals

University of Memphis The Department of Management in the Fogelman College of Business and Economics at the University of Memphis offers AACSB-accredited training in human resource (HR) management and organizational behavior. The following faculty have an expertise in these areas: Drs. Kurt Kraiger, Kristen Jones, Alex Lindsey, Caitlin Porter, Enrica Ruggs, Jessica Kirk, Chuck Pierce, Carol Danehower, Laura Alderson, Kelly Mollica, and Kathy Tuberville. They offer undergraduate courses on HR topics such as introduction to human resource management, compensation & performance appraisal, managing diversity, staffing organizations, and employee training & development. The University of Memphis offers MBA and executive MBA courses on topics such as managing human resources, and strategic human capital management. They also offer a doctoral research seminar on human resource management. In addition, the department has a student chapter of the Society for Human Resource Management (SHRM) and offers an undergraduate concentration in HR management. Finally, the department is well-represented in the new Center for Workplace Diversity and Inclusion. For more information, please contact Dr. Kurt Kraiger, Chair of the Department of Management (kurt.kraiger@memphis.edu; http://www. memphis.edu/management).

Fogelman College Department of Management

Kurt Kraiger, Ph.D. Professor of Human Resource Management and Chair of the Fogelman College Department of Management

Kristen P. Jones, Ph.D., Assistant Professor

Enrica Ruggs, Ph.D., Assistant Professor

Alex P. Lindsey, Ph.D., Assistant Professor

Jessica Kirk, Ph.D., Assistant Professor

Laura Alderson, Ed.D., Instructor of Management

Caitlin Porter, Ph.D., Assistant Professor

Chuck Pierce, Ph.D., Professor

Kelly Mollica, Ph.D., Instructor of Management

Dr. Kurt Kraiger, Management Department Chair, at kurt.kraiger@memphis.edu.

Carol Danehower, DBA, Associate Professor

Kathy Tuberville, Ed.D., Instructor of Management www.HRProfessionalsMagazine.com

Employee Compensation During a Crisis: Cost-Saving and Loyalty-Building Ideas By CASSANDRA FAUROTE

t’s a challenging time. When a pandemic like the coronavirus outbreak leads to COVID-19 infections, serious illness and even death, we are all impacted. Lives change. At home and at work. Indeed, for many U.S. corporate workers, the home is the workplace

now, and employee interactions take place online instead of face-to-face. These fundamental changes in working relationships cause leaders and executives to re-examine all aspects of administration and management as well. For example, many in leadership roles are now advising

TRS Survey Highlights Innovative Compensation Practices: At Total Reward Solutions, we recently surveyed clients regarding their compensation and benefits practices during this pandemic period. We were pleased to see many of our respondents employing innovative, positive, and generous ideas such as: • Piloting an alternative work program to help affected employees maintain some work hours. This is important because layoffs not only affect earnings potential but also creates a termination event which causes a loss of benefits just when employees – and their families – need them most. For example, an Employee Assistance Program (EAP) might be more important than ever.

executive teams on essential changes – short-term or longer lasting – to employee compensation. Never has it been more critical for employers to be as creative as they can in determining alternative compensation solutions. With that in mind, here’s what a recent survey of Total Reward Solutions clients revealed:

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• Giving affected employees their full-year Paid Time Off (PTO) allotment rather than requiring them to earn it on a pro-rated basis throughout the year. This is a generous offer, the kind that can foster employee gratitude and loyalty. Other innovative ideas necessary for the long-term economic wellbeing of the organization (and its employees) might include:

• Reducing benefits such as 401(k) matching in order to reallocate those dollars to pay for other benefits. (Just keep your testing in mind and work with your benefits/retirement consultant before making any benefit plan changes.) • Deferring planned or periodic salary increases to save costs • Adopting a 4-day work week while keeping regular work hours, thus cutting salaries by 20% • Cutting salaries to only top-level employees in order to preserve pay levels for lower-earning employees who might be living paycheck to paycheck as they struggle to survive • Implementing job sharing initiatives to keep a larger number of employees working at least part time • Offering employees the opportunity to take unpaid leaves of absence (after following the new required Families First Coronavirus Act, for example). This might allow these workers the chance to pursue a long-desired educational pursuit or other project.

• Offering voluntary retirement as a way to help older workers pursue their next chapters while keeping larger numbers of younger employees working • Furloughing employees rather than laying them off Bottom Line: Not all employers can afford to maintain business as usual during a crisis. Many are literally fighting for survival. But flexibility and innovation in compensation during challenging times tells employees that your organization cares and values them as an investment rather than an expense. And this commitment from the organization often nurtures greater trust and loyalty. Remember this: Employees remember the decisions their employers make during tough times. So, in “make it or break it” moments such as those during a crisis, look for creative alternative compensation solutions to keep employees working and compensated fairly.

Cassandra Faurote, CCP, SPHR, SHRM-SCP Founder & CEO Total Reward Solutions cassandra@totalrsolutions.com www.totalrsolutions.com

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How to help your employees thrive in challenging times

Benefits and services that help handle stress lead to better productivity and engagement By JIMMY HINTON, WES HUDNALL, and CHRIS MENARD

If keeping your workforce productive and engaged during a pandemic isn’t already challenging enough, here’s something else to consider: employee stress. A new survey* by Colonial Life found 40% of U.S. adults have high or moderate stress levels on a daily basis — enough to distract them from work and keep them from being as productive as they (and you) would like. In fact, nearly one in four adults say they spend more than five hours of work time each week worrying. That could be costing your company untold thousands of dollars in lost productivity. More than a quarter of adults admit their stress makes them less productive at work, and 15% say they’re less engaged. The top cause of employee stress is money, according to 21% of those surveyed. Right on its heels is work, at 20%. Health concerns are also high on the list for a significant number of workers, either of their family members (17%) or themselves (13%). And right now, the coronavirus pandemic is creating the perfect storm where concerns about money, work and health come crashing together. The good news is there’s a lot you can do to help employees with their emotional wellbeing during these unprecedented times. And — without a big impact on your company’s bottom line. Here are three areas to focus on that can pay big returns in the productivity, morale and health of your workforce.

Provide more flexibility. Workers name more pay and more time off as the top two things that would help relieve some of their stress, according to Colonial Life’s survey. But interestingly, those responses are significantly lower this year than when we asked the same question last year: higher salary dropped from 67% to 52%, and more time off fell from 50% to 40%. However, workers now have a higher interest in a more flexible work schedule (up from 34% last year to 38% this year) and a more flexible work location (up from 20% to 25%). With many offices closing and shifting to work-from-home scenarios during the pandemic, employers are finding their workforce can be just as productive with increased flexibility in hours and locations. Sure, many workers will be glad to return to the structure and society of a traditional office in the future. But smart employers will use this time to learn and get prepared for more flexible work arrangements as the “new normal” going forward.

Offer wellbeing programs and services. Another significant change in the survey results year-over-year is increased interest in wellness programs and discounts (up from 17% to 23%), and additional voluntary benefits such as life, disability and accident coverage (up from 14% to l7%). A successful wellness program can be measured in fewer sick days, reduced occurrences of preventable chronic conditions and their complications, a more positive work environment, increased productivity and higher employee retention rates due to improved morale. Results also show up on both your company’s bottom line and in your employees’ wallets. Estimates from different studies vary, but generally show a return of at least three-to-one for every dollar a company invests in a comprehensive wellness program. And healthier employees spend less on doctor’s office co-pays, prescriptions and 46

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other treatments that may not be covered by medical insurance until they meet their deductibles. A successful wellness program doesn’t have to be expensive. Consider sponsoring a walking club, bringing in brown-bag speakers on health topics, and supporting weight-loss and stop-smoking programs. Other wellness program components to consider include: • Employee assistance programs for short-term counseling and referral services to help employees with personal and family issues and work/life balances. Services are typically free and include in-person, phone or online counseling and other online tools and educational resources. • Discount programs for drugs and medical services that help employees save money on doctor office visits, prescription drugs, vision and hearing products and services, lab work and imaging tests. Even if you already offer a health or prescription drug plan, a discount program can complement it by helping pay for services that are limited or not covered, especially with a high-deductible health plan that leaves employees with considerable financial exposure to out-of-pocket costs. Your voluntary insurance provider may be able to provide a discount program for low or no cost. • Wellness benefits embedded in some types of voluntary insurance pay a set amount for preventive screening tests such as colonoscopies, mammograms and X-rays, so potential problems are caught earlier, when they’re easier and less expensive to treat. The benefits paid for annual screening tests also make the coverage even more affordable, in effect reducing the net cost of the voluntary benefit premiums for employees. The wellness benefit is paid even if the exam is covered by health insurance and the amount doesn’t depend on the actual cost of the test.

Communicate for stronger engagement. Of course, the best programs in the world don’t work if employees don’t know about them. And on the flip side, employees who understand their benefits are more engaged at their workplace, more satisfied and more likely to stay. Earlier Colonial Life research shows 45% of employees who say they understand their benefits very well report high job satisfaction. And when asked how their employer makes them feel, 36% of employees who say they understand their benefits feel “highly cared about.” Just 13% of those employees say they don’t feel cared about. Ensure you’re using effective communications that engage employees in all the resources you have to offer. In today’s challenging environment, stress is a given. But you can help your employees thrive despite the unexpected moments in life with a focus on flexibility, wellbeing and communication. *Online research administered March 23-30, 2020 by Dynata on behalf of Colonial Life among 1,200 U.S. adults. Jimmy Hinton, Wes Hudnall and Chris Menard are territory sales managers for Colonial Life. For more information, visit ColonialLife.com.

Committed to our customers — and our communities We offer our insurance benefits to every worker with a family and future to protect. And a helping hand to the communities where we work and live. See what we can offer you.

ColonialLife.com ACCIDENT  CANCER  CRITICAL ILLNESS  DISABILITY  DENTAL  LIFE  HOSPITAL INDEMNITY Insurance plans are underwritten by Colonial Life & Accident Insurance Company, Columbia, SC. ©2018 Colonial Life & Accident Insurance Company. All rights reserved. Colonial Life is a registered trademark and marketing brand of Colonial Life & Accident Insurance Company. 10-18 | AD-104

Predicting Personality By WILLIAM CARMICHAEL

battle, the personality test quickly evolved into sophisticated assessments used by industrial psychologists for accurately identifying cognitive traits of managers within business and industry. Tools like DISC, Myers-Briggs Type Indicator (MBTI) and Big Five are only a few of those used today although the DISC “four-factor” personality model is the one selected by our authors. Each has not only stood the test of time but brings the validity and reliability needed by researchers, companies, and legal departments. So yes, personality can be predicted and with uncanny accuracy.

Is it Poor Communication or Misreading Personality?

Oh, he’s just wired that way! As familiar as you may be with this innocuous expression, wouldn’t you agree that there always seems to be just a bit of light sarcasm projected? And despite the good humor intended, that person has just been earmarked as someone who thinks differently. He could be a friend, co-worker, boss or even a customer for that matter. But by “being wired that way,” surely, he belongs in that dreadful category of people who cannot or will not change! You know . . . those people!! And the result . . . we intentionally avoid similar engagement with him because after all, we already know the outcome, right? But wait a minute . . . could it possibly be that we are wired that way and have simply misread him? If my lighthearted attempt at levity has provoked some uncomfortable memory, Predicting Personality: Using AI to Understand People and Win More Business by Drew D’Agostino and Greg Skloot is a must read. In this versatile field guide, D’Agostino and Skloot do a remarkable job of describing the pitfalls of two twenty-three-year old’s who felt technological savvy alone could bring about success and instead, found themselves ousted. Getting fired was one thing but terminated by the board of directors of the company they started was . . . well . . . humbling, to say the least. What they found out was there is a high cost to not understanding people. They knew their own talents and potential. What they didn’t know was how to read people and this set them on a new journey; a journey into a groundbreaking new branch of artificial intelligence called Personality AI, which combines personality psychology with data science and machine learning.

Can We Really Predict Personality? Believe it or not, personality tests have been around for over a century. First used in World War I as a means for determining fitness for 48

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The reality is that even seasoned managers who consider themselves good communicators get blindsided from time to time. Perhaps one of these four questions from Chapter 2 will look familiar: - Have you ever seen two wellintentioned people struggle to work together because they can’t seem to get on the same page? - Have you ever been frustrated with a boss or leader who imposed their own style on everyone else, even when there were clearly more effective ways to do things? - Have you ever left a job because the role didn’t fit with your lifestyle, personal goals, or cultural expectations? - Have you ever felt like your thoughtfully crafted emails were getting sucked up into a black hole? Or how about these four communication failures from Chapter Three? - The customer who never appears to be satisfied despite your most valiant efforts to appease them. - The boss who micromanages your work and won’t give you the autonomy you need. - The prospect who seemed so excited to buy but has since dropped off the map and will not respond to any of your emails or voicemails. - The coworker who keeps making promises but lets the details fall through the cracks while you pick up the slack. Our authors attest that “There’s a common problem at the root of each of these communication failures: people are different and we have trouble understanding others who don’t think in the same way we do. . . While we all have the ability to empathize with others and find commonalities, it takes an entirely

different skill set to accurately understand another person’s mental model for how the world works and adapt your communication to earn their trust and make the biggest possible impact on them.” Predicting Personality: Using AI to Understand People and Win More Business examines: - How Personality AI works - The complexities of personality and how it relates to human behavior - Using personality profiles to communicate effectively with anyone and build strong teams

Structure and Layout Well researched and written, Predicting Personality can easily be read over a weekend. It’s twenty-eight short chapters are structured into six parts designed to help readers understand the complexities of personality traits but without all the technical jargon. Almost a quarter of the book defines the 16 DISC personality types and each type’s: personality traits, strengths and blind spots, communication preferences, and motivators. In other words, it cuts very quickly to the heart of the matter for each personality type so that understanding someone’s distinct personality occurs more quickly. I also liked the flow of themes; from personality facts, how personality works with communication in order to lead others better, to using personality findings wisely. Beyond just a well-structured guide, the authors demonstrate an ethical wisdom for such young entrepreneurs and writers. I highly recommend this one!

Who Will Benefit Most from This Book? Organizational leaders at all levels, Human Resource Professionals, Corporate Trainers, Sales and Marketing Professionals. ABOUT THE AUTHORS: Drew D’Agostino is CEO of Crystal, an app that uses AI to accurately reveal people’s motivations, communication styles, and other behavioral traits. Crystal has been featured in Inc., Fortune, CNN, Fast Company, MIT Technology Review, Wired, and the Guardian. Greg Skloot is President and COO of Crystal and a passionate evangelist of leveraging AI to better understand personality and build stronger relationships.

William Carmichael, Ed.D

Professor | Strayer University William.carmichael@strayer.edu www.strayer.edu

presented by

August 24-26, 2020 | KICC/Louisville Marriott Downtown

COMPELLING Keynote Speakers

RELEVANT Educational Sessions

RESPECTED Speaking Professionals

DIVERSE Exhibit Hall and Vendors

EXCEPTIONAL Networking Opportunities

VALUABLE Continuing Education Credits

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Cyber Defense Does Not End with IT: HRs Critical Role in Creating a Cyber Defense Culture By DARREN WALDREP and KIM LAFEVOR

What does Cyber Defense have to do with HR? At its core, Cyber Defense has equivocally as much to do with our HR role as other key professional responsibilities, such as Recruiting, Staffing, Safety and Health, Compensation & Benefits, Federal & State Employment Regulation Compliance, and Performance Management as it directly ties to another essential HR function: Risk Management and Business Continuity. While many may envision Cybersecurity as a function of and confines solely within the IT department, it necessitates a much broader view of cybersecurity as a discipline, but also interdependently a part of a robust Cyberdefense system. As risk management is at the center of effective business continuity management plans, what is HR’s critical role in creating and sustaining a Cyber Defense Culture? Why does this matter?

HR Linkages between Risk Management and Cyberdefense The concept of risk management is not new to any of us. We confront daily risks in our personal lives (ie driving a car, flying on a plane, investments, etc.) just as much as we do our professional roles as human resource professionals. While risk management is often regarded as what we do for our organizations to adequately identify, assess and control threats to the organization’s earnings and capital, they can take on a cloak daunting different appearances in the form of legal liabilities, accidents and natural disasters, and errors in judgment, both operational and strategic. Cyberdefense is about managing risks through constructing multiple layers of protection across computers, networks, programs, and data in our ‘connected world.’ In any organization, the best cyberdefense system considers any constraints and their weakest linkages in the interplay of people, technology, and processes (What is Cybersecurity?, 2020).

capable of protecting their systems against the risk of malicious actors (Crumpler & Lewis, 2019). According to CyberSeek, an initiative funded by the National Initiative for Cyber Education (NICE), the United States faces a critical shortfall of over 300,000 cybersecurity professionals (Cybersecurity Supply And Demand Heat Map, 2018). The current cybersecurity education ecosystem lacks standard metrics or rankings to help employers understand what programs, certifications, and degrees are essential to cyber positions. Having the key personnel in place at every level to identify, build, and staff defenses and responsibility is a crucial element to having a robust cybersecurity strategy.

Building in ‘Cyberreslience’ for your Organization Creating cyberresilience is of paramount importance for business continuity and risk management planning. Merging cybersecurity, risk management, and business continuity practices can shore up cyber-response capabilities from event detection and recovery to continual process improvement (Dickson & Goodwin, 2019). As more data breaches and hacks make the news, it becomes even more crucial for an organization to designate time to determine where the organization is vulnerable. Jones (2020) offers the following tips and best practices on how to educate employees for cybersecurity: 1. First, Don't Blame Your Employees 2. Invest in Employee Training 3. Make Cybersecurity Awareness a Priority 4. Get Buy-In From the C-Suite

On an Important Battlefront: Shaping the Culture of Cyber Defense

5. Password Security Training and Best Practices

To effectively manage existing risks, HR has a critical role in creating a cyber defense culture on five primary fronts:

6. Train Employees to Recognize Phishing and Social Engineering Attacks

1. Identifying cybersecurity talent to create cyber resilient systems 2. Strategic deployment of cybersecurity talent based on talent capaibilities 3. Front-end, built-in cyber resilient products, point-of-service practices and policies 4. Education of the workforce on cyber defense as mission critical, and identifying cyber threats and risks related to their work and how to avoid them 5. Auditing and testing the cyberdefense system to identify weaknesses and developing countermeasures Cyber threats continue to grow in sophistication, so organizations face persistent challenges in recruiting skilled cybersecurity professionals 50

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an employee that completed network access training and signed Acceptable Use Policy (AUP), yet failed to apply system-safe work practices? Who manages and enforces the policy? What are the consequences and how do those consequences support the aims of an effective cyber defense system? One of the most significant threats to cyber resiliency are the work practices of teleworking employees. How will HR manage the computer technology and data teleworkers use to perform their duties? How do they determine which data is accessed outside of the organizations' network? How will HR know if a teleworker is accessing the company network through a Virtual Private Network (VPN) provided by the organization or a public hotspot that can place the organization at great risk? It is about having a plan for risks, and how your organization will respond to a threat or breach, and identifying specific individuals responsible for action (Best Practices for Cybersecurity Compliance Audits - BlackStratus, 2018).

The Interconnectedness of an Effective Cyber Defense Strategy: HR Can Lead the Way While cyber threats are very real and can be castastrophic to any public or private organization, it remains mission critical to focus on a having an effective cyberdefense system, strategy, and culture. HR has a notable and integrative role in assuring the employment of strategies that address the important interplay of people, technology and related processes that can provide the best assurance in building a cyberdefense culture (Evans & Reeder, 2010). As HR leaders, we can help to create a climate and employee mindset that cybersecurity at its core is ultimately everyone’s responsibility.

7. Make Cyber Security a Part of Onboarding 8. Conduct “Live Fire” Practice Attacks Cybersecurity training is mission essential for every organization.

Conducting an Assessment of your Cyber Defense Culture Discerning organizational cyber weaknesses through regular and ongoing cybersecurity assessments and audits is essential to building a sound Cyber Defense Culture. Without them, it is difficult to thwart cyber attacks and protect your company, its people and assets. While there are abundant supply of examples, we can consider a couple such as the risks with network acceptable use policies and teleworker practices. How will HR handle a system failure caused by

Darren Waldrep, MBA

Program Lead and Instructor of Management of Cybersecurity Operations Athens State University Darren.Waldrep@athens.edu www.athens.edu

Kim LaFevor, DBA, SHRM-SCP, SPHR, IPMA-SCP, NDC-CDP

Dean, College of Business Athens State University Kim.LaFevor@athens.edu www.athens.edu

The Arkansas SHRM 2020 Conference and Expo originally scheduled for April 1-3, 2020, has been RESCHEDULED for October 13-15, 2020.

The Arkansas SHRM Employment Law and Legislative Conference (ELLA) which would have taken place on September 24-25, 2020, will be combined with the ARSHRM 2020 Conference and Expo as a preconference event and will not be held in Little Rock, Arkansas this year. It will be held on October 12 with a separate registration cost.

This “Super HR professional development event” will take place at the Embassy Suites Hotel, Spa and Convention Center in Rogers, Arkansas.

The design of this new event is underway, and we will communicate the new schedule as soon as possible at HR-2020.org.

Sheila Moss—ARSHRM 2020 Conference Chair Tim Orellano—ELLA 2020 Conference Chair

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Affordable Online SHRM-CP® | SHRM-SCP® Certification Exam Prep Class Online classes begin October 2020 and will meet twice per week for 12 weeks on Monday and Wednesday evenings from 6:00 PM to 7:00 PM.

The total cost of the SHRM-CP® | SHRM-SCP® Online Certification Exam Prep Class is $995

SHRM Learning System® Participant Materials

(plus $25.00 shipping)

You may pay by PayPal, credit card or check.

2020 Spring Exam Window Dec 1, 2020 – Feb 15, 2021 For more information visit shrmcertification.org

Guarantee If you do not pass, you can retake the class at no additional charge if you meet these two requirements: – Attend 80% of the scheduled online classes – Pass all practice quizzes during the program

Contact cynthia@hrprosmagazine.com OR visit our website at www.hrprofessionalsmagazine.com

About the instructor: Cynthia Y. Thompson is Principal and Founder of The Thompson HR Firm, LLC, a human resources consulting company in Memphis, TN. She is a senior human resources executive with more than twenty years of human resources experience concentrated in publicly traded companies. She is also the Publisher | Editor of HR Professionals Magazine, an HR trade publication distributed to HR professionals in Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina and Tennesse. The mission of the publication is to inform and educate HR professionals. Cynthia has an MBA and is certified as a Senior Professional in Human Resources by SHRM and HRCI. Cynthia is a faculty member at Christian Brothers University in Memphis teaching Human Resource Management. Cynthia also teaches online HR Certification Exam Prep Courses for HRCI and SHRM. She is a sought-after speaker on HR Strategic Leadership. 52

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5 Ways

Emotional Intelligence Can Help Us Through the Coronavirus Crisis By HARVEY DEUTSCHENDORF

With the crisis of the corona virus accelerating, we are bombarded with new developments daily and even hourly. We don’t know what to expect and listen intently to any new development, focusing on what the experts tell us we need to do to keep ourselves safe. The unknown and volatility of the situation keeps us on constant edge, wondering what the news will bring tomorrow. This situation can make us feel afraid, overwhelmed and helpless. While the threat is real, panic and having our emotions run amok will make the situation even worse. Here are some things we can do to take control and manage our reactions in a difficult time.

Name our emotions While we are likely feeling some apprehension, keeping it bottled up and denying it only makes it worse. We know that putting our feelings out there helps us to manage them as speaking them out loud lessens their impact on us. It also helps us connect and share with others who are feeling the same way. This normalizes what we are feeling and helps us feel connected and supported.

Support children in navigating their emotions Children’s feelings are real and as adults we can help by respecting them. While we are struggling with our emotions, we will also need to help navigate theirs. While we don’t have to share everything, such as our worst fears, keeping everything from them is detrimental. If they sense that we have fears that we are not sharing it will only increase their level of anxiety. At this time, we need to be authentic and manage our own emotions.

Focus on what we can control While there is much out there that is beyond our control, there is a great deal that we can do to alleviate unnecessary risk. We can take back some level of control by staying focused on the areas that we are able to manage in our own lives and those of our families, friends and communities. Talk to your family, friends and those close to you to see what you can do to help one another. Simple ideas like taking turns shopping, our going out for necessities, lessens the number of people that have to be exposed. An added benefit is that by doing this we strengthen our connections with one another.

Get news and updates from only from reliable sources During these times the rumor mills are in overdrive mode and we may hear all kinds of alarming and terrifying things that will spread panic and create unnecessary stress and fear. We can stop the spread of this damaging misinformation by not listening 54

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to it or spreading it. By only accepting information from medical experts we can do our part to lessen the spread of panic, which can increase the dangers we are all facing.

Make creative use of our isolation time While those who are infected may be quarantined, many of us will be isolating to some degree more than we normally do. This is a good time to reach out to aunt Norma, uncle George or a friend who you haven’t talked to in a long time. Email, text, or better still, call them to hear their voice. This helps break the feeling of isolation and feelings of being alone. Have you wanted to learn to play an instrument, read that book, write that blog or learn a new language? This would be a great time to get started. It will help you take the focus off of what is going on around you, help you take back some control and feel the satisfaction of learning something new. Additional stressors deplete our immune systems. We need to keep our body's strong and healthy more than ever before. So, let's try to lower our anxiety levels. Consider meditation, release tensions by going for a walk outdoors, think of the spring blossoms arriving soon, have gratitude for our here and now blessings. We have so much to be thankful for…. embrace those thoughts and our immune system will thank us for it.

Harvey Deutschendorf is an emotional intelligence

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

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