October 2020 HR Professionals Magazine Digital Issue by Cynthia Thompson

Volume 10 : Issue 10

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Pandemic

Fatigue

Profiles of Chambers USA Top Labor and Employment Law Attorneys SHRM Research

on Employee Wellbeing During COVID-19

It’s Now or Never –

HR Must Rise to the Occasion

Amy West, SHRM-SCP, SPHR

AI and Data Ethics

Director of TN SHRM

EEOC Update on COVID-19 Workplace Discrimination

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

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2020

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Bringing Human Resources & Management Expertise to You

83%

of executives do not feel HR adds value! www.HRProfessionalsMagazine.com Editor Cynthia Y. Thompson, MBA, SHRM-SCP, SPHR Publisher

The Thompson HR Firm, LLC Art Direction

Park Avenue Design Contributing Writers Jack Berkowitz William Carmichael Harvey Deutschendorf Brad Federman Rosalia Fiorello Stewart Gott Rob Krieg Sarah Langer Mary C. Moffatt Katie O’Neill Katie Pfeifer Mary Leigh Pirtle Brian J. Poindexter Cathy Ruffner Casey Sword Jeanniey Walden Luther Wright, Jr.

Features

Talent Management

4 note from the editor Congratulations to These Recently Certified HR Professionals!

22 Top 10 List for Hiring (and Keeping) High-Quality Talent

5 Amy West, SHRM-SCP, SPHR, Director of Tennessee SHRM State Council 10 AI and Data Ethics – 5 Principles to Consider 20 It’s Now or Never: HR Must Rise to the Occasion 32 Book Look – Good Guys: How Men Can Be Better Allies for Women in the Workplace 41 SHRM’s New Survey Affirms Employees Leave Managers, Not Companies

HR Strategies for Handling COVID-19 in the Workplace 6 Suffering in Silence: COVID’s Impact on Employee Mental Health and Well-being 24 Pandemic Fatigue: What It Is and How to Cope 33 COVID-19 Employee Handbooks

Employee Benefits 9 Best in Class Orthopedic Care 14 Medical Loss Ratio Rebates Rise 26 4 Tips for HR Leaders to Boost Employee Benefit Support 29 Thank You Healthcare Providers!

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.

30 Measuring Daily Pay’s Impact in Times of Crisis 42 Combating Retirement Challenges for Women

36 Sponsored Webinar - Driving Optimal Results Through Performance-Based Incentive Compensation Plans 44 5 Simple Ways to Boost Emotional Intelligence 47 Data Facts Small Business Portal

Top Educational Programs for HR Professionals 8 New People Manager Qualification – SHRM’s PMQ Training 17 Affordable Online SHRM Certification Exam Prep Class Begins October 19 23 The Leadership Green Room Fall 2020 Virtual Courses 26 SHRM Education – Maximize Your Potential. Learn Your Way. 48 WGU Tennessee HR Program Fully Aligned with SHRM Curriculum

Industry News 45 Tennessee SHRM Virtual Conference in Memphis November 2-4 November Issue features Employee Benefits Planning and Compliance Plus Updates on Employment Law

Employment Law

And the Latest on HR Management and the Pandemic

12 EEOC Update: COVID-19 Guidance on Various Workplace Discrimination issues

Deadline to reserve space October 15

16 Accommodating Opioids in the Workplace 18 Update Your Medical Marijuana Policy! 28 Employee Questions Regarding Leave and Accommodations During Reopening 34 Chambers USA Top Labor and Employment Law Attorneys

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a note from the editor The SHRM fall conference season is in full swing! The only difference is this year they are virtual! The good news is that you can attend any of these conferences from the comfort of your home or office and earn SHRM and HRCI recertification credits! HR Tampa 20th Annual Virtual Conference and Expo FRIDAY, OCTOBER 2 Earn up to +10 SHRM and HRCI recertification credits Register at HRTampaConference.com Tennessee SHRM Annual Virtual Conference NOVEMBER 2-4 Students and Young Professionals Day – Saturday, October 31 Diversity and Inclusion Conference – Sunday, November 1 Register at tnshrm.org 11th Annual WT SHRM HR & Employment Law Fall Conference (LIVE)

We are honored to have Amy West, SHRM-SCP, SPHR, Director of Tennessee SHRM, on our October cover. Read about Amy’s exciting career in HR and her volunteer service to SHRM on Page 5. We are excited about our annual special feature on the top labor and employment law attorneys listed in Chambers USA. If your favorite attorney is included on this prestigious list, please remember to congratulate them and thank them for helping us navigate through this difficult year with the pandemic! If you are not yet SHRM-certified, I invite you to register today for our next online SHRM-CP | SHRM-SCP class beginning October 19. The class meets on Monday and Wednesday evening from 6:00 PM to 7:00 PM for 12 weeks. See details on Page 17. Watch for your email for notification about our complimentary October webinar sponsored by Data Facts on October 29. Please mark your calendar and plan to join us from 2 PM to 3 PM. If you are not receiving our email notifications about our monthly webinars, please visit our website, www.hrprofessionalsmagazine.com., and subscribe to our digital issue to be added to our email distribution list.

OCTOBER 23 Earn 5.5 SHRM and HRCI recertification credits Union University Carl Grant Event Center, Jackson, TN Register at wtshrm.org

Cynthia Y. Thompson, MBA, SCP, SPHR cynthia@hrprosmagazine.com www.hrprofessionalsmagazine.com @cythomps

Congratulations to these recently certified HR professionals!

Annanda Jones, SHRM-CP HR Specialist at Centene Clayton, MO

Kathryn Jeanes, PHR

Talent Acquisition Manager JCS Professional Staffing Schnecskville, PA

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on the cover

Amy

WEST

Amy West, SHRM-SCP, SPHR Director of Tennessee SHRM State Council In addition to her SHRM volunteer work, Amy serves as the current chair of the Salvation Army Advisory Board, chair of the WestStar

Amy West joined her first local Society for Human Resource Management Chapter, Golden Triangle Human Resource Association (GTHRA), in 2002 after completing her Master of Science degree in Human Resource Management at Utah State University. She had obtained her Professional in Human Resources certification (PHR) and had begun working as a Human Resource Officer at Cadence Bank in Starkville, MS. Her volunteer career with SHRM started in 2006. She first served as the Vice President of Programming, then President-Elect, and lastly President of Golden Triangle Human Resource Association in Columbus, MS. Her volunteer service at the state level led her to hold the Secretary/Treasurer role on the Mississippi SHRM State Council and to receive the Spirit of HR Award at the MSSHRM State Conference and Exposition in 2010.

Alumni Advisory Board, and

Amy’s family relocated to West Tennessee in the spring of 2010. It was through networking with the is Past-President of the UTM Alumni Council.

local SHRM chapter (WTSHRM) that she applied for and obtained the position as Director of HR and Affirmative Action at Jackson State Community College in Jackson, TN. Amy wasted no time in joining the West TN SHRM Chapter (WTSHRM) and volunteering in leadership roles. Since joining the chapter in 2010, she has served as VP of Membership, VP of Programming, President Elect, President (4 years), and now Past-President. Amy was instrumental in starting WTSHRM’s semi-annual conference that not only serves to educate it members; but has provided the chapter funding to offer scholarships, internships, certification support, etc. It was under Amy’s leadership that WTSHRM obtained the highest-ranking Excel Chapter award from SHRM. Amy is currently completing the second year of a two-year term as Director of the Tennessee SHRM State Council. In her current role as Director of Human Resources at Jackson State Community College, she leads the college’s HR, Title IX, Title VI, training, equity and diversity functions. Prior to her current role, she served as Vice President of HR at Cadence Bank in Starkville, MS where she focused on recruitment, benefits, and employee relations. Amy credits much of her professional success to SHRM. It has allowed her to be an active member, to serve in various volunteer roles, and to build a network of HR professionals across the United States. 

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Suffering in Silence: COVID’s Impact on Employee Mental Health and Well-being BY CASEY SWORD

A global pandemic, a recession, and a mental health crisis? It’s not completely out of the question and it wasn’t before COVID-19 either. Data from Mental Health America (MHA) painted a grim picture of mental health in the United States before COVID—one in which the prevalence of mental health conditions increased significantly for our nation’s youth, and millions of adults and children experiencing mental health conditions were not getting the help they desperately needed. The current economic downturn has likely exacerbated these alarming trends and will almost certainly have long-lasting effects on mental health. This unfortunate reality is also felt by the U.S. workforce, particularly in the early months of COVID-19 as states shut down and employees were forced to adjust to new ways of work. To identify the toll COVID-19 was taking on employee mental health, SHRM collected longitudinal data across the same group of U.S. employees from April to late May 2020. In April, SHRM Research found that 22-35 percent of employees reported experiencing symptoms of depression often, and as many as 2 in 3 experienced depressive symptoms at least sometimes during COVID-19. The symptoms included feeling tired or having little energy, feeling bad about themselves, feeling down, depressed, or hopeless, having little interest or pleasure in doing things, and having trouble concentrating. In the last few months, we have witnessed steady improvements in unemployment figures, job gains, and even a reduction in the number of employees who feel as though COVID-19 is threatening certain aspects of their jobs. More good news is that we are witnessing a slight declining trend in the number of employees reporting they often experience symptoms related to depression. This suggests that employees have begun to adapt or find ways to cope with their circumstances. However, there are still many employees in the U.S. who continue to experience furloughs, lay-offs and uncertainty around job security,

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finances, schooling, and so much more. And in late May 2020, SHRM found that as many as 1 in 5 employees were still struggling often with symptoms related to depression. Taking other demographic factors into account, SHRM found that some employees are faring worse than others. For example, individuals who do not live with a member of a vulnerable population were four times more likely to report improvements in their depressive symptoms than individuals who do live with someone in this population. Additionally, out of the 1 in 4 employees who reported often feeling bad about themselves or that they were a failure, nearly 2 in 3 were individuals who lived with at least one member of a vulnerable population. While there have been adaptations to a new working world, those who remain the most at-risk continue to confront these anxieties each day. There are also differences across generations: Generation Z was 4 percent more likely to feel down, depressed, or hopeless often than other generational counterparts. They were also the most likely to report these symptoms at the beginning of the study in April (See Figure 2).

Figure 2 (Source: SHRM COVID-19 Research: Mental Health)

Despite the unpredictable nature of work right now, employees continue to push through. Some have been working in-person since the beginning of COVID-19, some have been phased in, some are still working remotely for the time being, and others may never return to their worksites again. For those working remotely, the lines between work and play are often blurred as employees are logging more hours online. For those working onsite, they may risk their own health as well as the health of those that they live with. Each situation proves difficult to navigate, but across all groups, SHRM found that over 2 in 5 employees have consistently reported feeling burned out, drained, or exhausted from work (41-45 percent). Feelings of burnout or exhaustion from work can be caused by many internal and external factors. That doesn’t necessarily mean that organizations are always at fault, but it does mean that organizations have a role to play in prioritizing mental health—for the sake of both employees and the company. There are lots of ways that employers can get started if they haven’t already. The most important thing that employers can do is prioritize mental health and wellness offerings in their benefits portfolio and policies. Employees want to know that their company is on their side, especially when times are hard. This is a very actionable way to prove employers’ investment in their employees. The second most important thing employers can do is communicate these offerings to employees and constantly advocate for them. SHRM Research found that only 28 percent of employees said that they wanted access to a mental health professional. Of those who said they didn’t want or need access to mental health professionals, 35 percent said they thought how they were coping was good enough, 34 percent said that how they were feeling wasn’t severe enough to talk to someone, and 6 percent said they didn’t have the resources (time, money, and access). While most employees said they didn’t need or want to speak to a mental health professional, there are many other ways that organizations can support employees’ mental health and well-being. And everyone can benefit from these services—it’s important that this is clearly communicated to employees.

Employee Assistance Programs Towards the beginning of the pandemic, one-third of employers saw an increase in requests for information about Employee Assistance Programs (EAPs). EAPs have traditionally assisted employees with substance abuse, but now most include clinical counseling on a broader range of issues like relationship challenges, financial or legal problems, well-being matters, and traumatic events. For employees juggling work and caregiving responsibilities, EAPs also include childcare and eldercare referrals. These benefits are usually made available to employees’ families, too. However, only 79 percent of employers surveyed in the SHRM 2019 Employee Benefits report offered an EAP to their employees. Employers should consider offering or expanding this offering, as it might save on insurance costs in the long run and lead to positive impacts on employees’ mental health well-being.

Flexible Work SHRM Research found that during COVID-19, employees who do not telework feel drained from their workday and used up at the end

of the day at higher rates than those who telework. Another SHRM study during COVID-19 found that 70 percent of American workers would prefer working remotely either full-time or part-time if they had the choice. As organizations continue to navigate the pandemic and recession, they should consider adopting broader or more flexible work policies if they can—at least on a case-by-case basis. Some of the flexible work benefits might include flexible scheduling, compressed workweeks, job sharing options, and part-time work, among others. If flexible work does not negatively impact productivity, organizations should consider how these arrangements might reduce the stress and burden many employees are carrying, particularly vulnerable employees or those with caregiving responsibilities.

Wellness Benefits For some organizations, offering wellness benefits might seem lower on the list of priorities. However, more and more employers are offering services that focus on relaxation and stress relief, meditation, mindfulness, contemplative programs, and even personal or life coaching. Not to mention that these could prove useful in improving employee mental health, behaviors, and coping mechanisms. For organizations that are not currently offering fitness-related stipends or benefits due to COVID-19, there are plenty of other benefits to choose from that would be just as impactful.

Encourage employees to take their leave Taking time off is a crucial way for employees to balance their work and personal lives. With COVID-19 disrupting travel plans for the foreseeable future, many employees are not taking their accrued leave. This is problematic for many reasons, the most important being that employees need time to rest and destress. Organizations, especially managers, should encourage employees to use their vacation days and also follow suit—employees will be discouraged from taking leave if their managers and other team members aren’t.

It’s the little things Pre-COVID, organizations often engaged employees by hosting holiday parties, celebrating birthdays and company milestones, organizing team retreats, etc. These activities have likely gone virtual, have gone off the radar, or have completely ceased to exist in the past six months. While working in isolation might be preferable for some, it can take a toll on team spirit and communication. Organizations should consider how they can continue to engage their employees with the little things, even if it means celebrating a win with a quick virtual happy hour. Although we are witnessing some improvements in depression-related symptoms, it is clear that many employees are still struggling. It should be in every organization’s interest to prioritize the mental health and well-being of employees, both during and post-COVID. The cost will pay off in the long run.

Casey Sword, Research Specialist

Society for Human Resource Management casey.sword@shrm.org shrm.org www.HRProfessionalsMagazine.com

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AI and Data Ethics: 5 Principles to Consider By JACK BERKOWITZ

As organizations develop their own internal ethical practices and countries continue to develop legal requirements, we are at the beginning of determining standards for ethical use of data and artificial intelligence (AI). In the past 20 years, our ability to collect, store, and process data has dramatically increased. There are exciting new tools that can help us automate processes, learn things we couldn't see before, recognize patterns, and predict what is likely to happen. Since our capacity to do new things has developed quickly, the focus in tech has been primarily on what we can do. Today, organizations are starting to ask what's the right thing to do. This is partly a global legal question as countries implement new requirements for the use and protection of data, especially information directly or indirectly connected to individuals. It's also an ethical question as we address concerns about bias and discrimination and explore concerns about privacy and a person's rights to understand how data about them is being used.

What is AI and Data Ethics? Ethical use of data and algorithms means working to do the right thing in the design, functionality, and use of data in Artificial Intelligence (AI). It's evaluating how data is used and what it's used for, considering who does and should have access, and anticipating how data could be misused. It means thinking through what data should and should not be connected with other data and how to securely store, move, and use it. Ethical use considerations include privacy, bias, access, personally identifiable information, encryption, legal requirements and restrictions, and what might go wrong. Data Ethics also means asking hard questions about the possible risks and consequences 10

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to people whom the data is about and the organizations who use that data. These considerations include how to be more transparent about what data organizations have and what they do with it. It also means being able to explain how the technology works, so people can make informed choices on how data about them is used and shared.

been successful in your organization in the past. This information alone would likely give you more of the same rather than more diversity. While there is no way to completely eliminate bias in tools created by and about people, we need to understand how the tools are biased so we can reduce and manage the bias and correct for it in our decision making.

Why is Ethics Important in HR Technology?

3. ACCURACY - The data used in AI should be up to date and accurate. And there needs to be ways to correct it. Data should also be handled, cleaned, sorted, connected, and shared with care to retain its accuracy. Sometimes taking data out of context can make it appear misleading or untrue. So accuracy depends partly on whether the data is true, and partly on whether it makes sense and is useful based on what we are trying to do or learn.

Technology is evolving fast. We can create algorithms that connect and compare information, see patterns and correlations, and offer predictions. Tools based on data and AI are changing organizations, the way we work, and what we work on. But we also need to be careful about arriving at incorrect conclusions from data, amplifying bias, or relying on AI opinions or predictions without thoroughly understanding what they are based on. We want to think through what data goes into workplace decisions, how AI and technology affect those decisions, and then come up with fair principles for how we use data and AI.

What Are Data Ethics Principles? Ethics is about acknowledging competing interests and considering what is fair. Ethics asks questions like: What matters? What is required? What is just? What could possibly go wrong? Should we do this? In trying to answer these questions, there are some common principles for using data and AI ethically. 1. TRANSPARENCY - This includes disclosing what data is being collected, what decisions are made with the assistance of AI, and whether a user is dealing with bots or humans. It also means being able to explain how algorithms work and what their outputs are based on. That way, we can evaluate the information they give us against the problems we're trying to solve. Transparency also includes how we let people know what data an organization has about them and how it is used. Sometimes, this includes giving people an opportunity to have information corrected or deleted. 2. FAIRNESS - AI doesn't just offer information. Sometimes it offers opinions. This means we have to think through how these tools and the information they give us are used. Since data comes from and concerns humans, it's essential to look for biases in what data is collected, what rules are applied, and what questions are asked of the data. For example, if you want to increase diversity in hiring, you don't want to only rely on tools that tell you who has

4. PRIVACY - Some cultures believe that privacy is part of fundamental human rights and dignity. An increasing number of privacy laws around the globe recognize privacy rights in our names and likeness, financial and medical records, personal relationships, homes, and property. We are still working out how to balance privacy and the need to use so much personal data. Law makers have been more comfortable allowing broader uses of anonymized data than data where you know, or can easily discover, who it's about. But as more data is collected and connected, questions arise about how to maintain that anonymity. Other privacy issues include security of the information and what people should know about who has data about them and how its used. 5. ACCOUNTABILITY - This is not just compliance with global laws and regulations. Accountability is also about the accuracy and integrity of data sources, understanding and evaluating risks and potential consequences of developing and using data and AI, and implementing processes to make sure that new tools and technologies are created ethically. As organizations develop their own internal ethical practices and countries continue to develop legal requirements, we are at the beginning of determining standards for ethical use of data and AI.

Jack Berkowitz, ADP SVP

Product Development Data Cloud Jack.berkowitz@ADP.com www.adp.com

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EEOC UPDATE: COVID-19 Guidance on Various Workplace Discrimination Issues By MARY LEIGH PIRTLE

The U.S. Equal Employment Opportunity Commission (EEOC) updated its COVID-19 Technical Assistance Q&A on June 11, addressing an employer’s handling of pandemic-related harassment, pregnant employees, employees with family members at higher risk of severe illness from COVID-19, and other workplace discrimination issues. Below is an overview of that guidance.

PANDEMIC-RELATED HARASSMENT

HIGH-RISK FAMILY MEMBERS

The latest guidance reminds employers that managers should be alert to demeaning, derogatory, or hostile remarks directed to employees who are or are perceived to be of Chinese or another Asian national origin, including remarks related to the coronavirus or its origins. Employers are also reminded that unlawful harassment may occur using electronic communication tools such as email, calls, and video chat – regardless of whether employees are in the workplace, teleworking, or on leave – and that an employer should take the same actions it would take as if the harassment occurred in the workplace.

The EEOC has confirmed that employers are not required to provide accommodations under the ADA to employees to avoid exposing family members at higher risk of severe illness from COVID-19. The ADA does not require that an employer accommodate an employee without a disability based on the disability-related needs of a family member or other person with whom the employee is associated. For example, an employee without a disability is not entitled under the ADA to telework as an accommodation to protect a family member with a disability from potential COVID-19 exposure. Of course, an employer is free to provide such flexibilities if it chooses to do so. An employer choosing to offer additional flexibilities beyond what the law requires should be careful not to engage in disparate treatment on a protected EEO basis.

PREGNANCY The EEOC reminds employers that Title VII of the Civil Rights Act includes discrimination based on pregnancy and that employers, even if motivated by benevolent concern, may not single out workers based on pregnancy for adverse employment actions, including involuntary leave, layoff or furlough. If a pregnant employee makes a request for reasonable accommodation due to a pregnancy-related medical condition, the employer must consider it under the usual Americans with Disabilities Act (ADA) rules. Pregnant employees may also be entitled to job modifications – including telework, changes to work schedules or assignments, and leave – to the extent provided for other employees who are similar in their ability or inability to work pursuant to Title VII as amended by the Pregnancy Discrimination Act.

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AGE The EEOC has acknowledged the CDC’s inclusion of individuals age 65 and older as being at higher risk for a severe case of COVID-19 if contracted and has encouraged employers to offer maximum flexibilities to this age group. The EEOC notes, however, that the Age Discrimination in Employment Act (ADEA) prohibits employment discrimination against employees age 40 and older and would prohibit a covered employer from involuntarily excluding an individual from the workplace based on his or her being 65 or older. The EEOC notes this conduct is prohibited even if the employer acts for benevolent

reasons such as protecting the employee due to a higher risk of severe illness. However, employers are free to provide flexibility to workers age 65 and older – the ADEA does not prohibit this, even if it results in younger workers ages 40-64 being treated less favorably based on age in comparison.

if an employee requested an alternative method of screening as a religious accommodation, the employer should determine if accommodation is available under Title VII.

CAREGIVER/FAMILY RESPONSIBILITIES ALTERNATIVE HEALTH SCREENING The EEOC states that employees entering the workplace who request an alternative method of screening due to a medical condition are requesting a reasonable accommodation, and the employer should proceed as it would for any other request for accommodation under the ADA or the Rehabilitation Act. If the requested change is easy to provide and inexpensive, the employer might voluntarily choose to make it available to anyone who asks, without going through an interactive process. Alternatively, if the disability is not obvious or already known, an employer may ask the employee for information to establish that the condition is a disability and what specific limitations require an accommodation. If necessary, an employer may also request medical documentation to support the employee’s request, and then determine if that accommodation, or an alternative effective accommodation, can be provided absent undue hardship. Similarly,

The EEOC also addresses the issue of sex-discrimination concerns if an employer provides telework, modified schedules, or other benefits to employees with school-age children due to school closures or distance learning during the pandemic. The EEOC states that employers may provide any flexibility as long as they are not treating employees differently based on sex or other EEO-protected characteristics. For example, under Title VII, female employees cannot be given more favorable treatment than male employees because of a gender-based assumption of who may have caretaking responsibilities for children. This article was originally published by Bass, Berry & Sims on June 12, 2020 at www.bassberryhrlawtalk.com.

Mary Leigh Pirtle, Member

mpirtle@bassberry.com Bass, Berry & Sims PLC www.bassberry.com

GO CONFIDENTLY. Bass, Berry & Sims listens and responds with creative yet practical counsel. We stay on pace with the complex and rapidly evolving employment landscape, connecting your dynamic human resources needs to proactive strategies. Relationships, reliability, and respect – at the center of our Labor & Employment and Employee Benefits practices.

Stay up-to-date on the latest in HR Law. Visit our blog at bassberryhrlawtalk.com.

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Medical Loss Ratio Rebates Rise

Who Receives the Rebate?

By ROB KRIEG

Early reporting from the Kaiser Family Foundation shows that private insurers are set to pay out $2.7 billion in Medical Loss Ratio (MLR) rebate dollars this year. This amount marks a substantial increase from the $1.3 billion paid out in 2019 and continues to set new records. The Patient Protection and Affordable Care Act (ACA) requires insurers to use 80% of the premium collected on claims (85% for large groups) and the remainder on administration, marketing and profit. If an insurer does not meet these thresholds, they are required to offer a refund or rebate to policyholders.

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With knowledge of the early reporting, some employers, as well as their employees, may expect to receive sizeable rebates. However, a

It is crucial

for employers to remember that this money is not equally divided amongst all large employers.

deeper dive into the breakdown of the rebates shows that the majority of rebates are coming in the individual market, not in the group benefit segment where employer clients are grouped for the purposes of rebate calculation.

While final rebate reporting is not due to

It is crucial for employers to remember that this money is not equally divided amongst all large employers. Rather, the rebate amount is a function of the carrier, the market segment, and the type of plan or product purchased. As an example, in the state of North Carolina, only one insurance carrier offered a rebate in 2019 and it was on a limited segment of their plan designs. Therefore, despite what the headlines may say, it is not expected that employers with insurance policies in the small or large group markets, or their employees, will receive a substantial increase in rebate dollars in 2020.

Centers for Medicare & Medicaid Services (CMS) until July with rebates to be paid out by the end of September, Kaiser Family Foundation published preliminary estimates in April based on premium data reported to states. This report shows that $1.97 billion

Typically, carriers communicate to consultants and clients before any of the reporting is made available through CMS. However, reporting for prior years can be referenced on the CMS website. Gallagher consultants stand by ready to help employers understand what may be coming to them by way of an MLR rebate.

of the rebate dollars will be in the individual insurance market and only $341 million will be rebated in the large group market.

Rob Krieg, JD, CEBS

Area Vice President, Health & Welfare Consulting Gallagher Benefit Services, Inc.

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Accommodating Opioids In The Workplace:

EEOC Issues Guidance By MARY C. MOFFATT and ROSALIA FIORELLO

On August 5, 2020, the Equal Employment Opportunity Commission (EEOC) issued two guidance documents regarding the interplay between the legal use of opioids and the employer’s obligations under the Americans with Disabilities Act (ADA). While the two guidance documents are directed towards employees and their healthcare providers, employers may be impacted by the guidance in responding to reasonable accommodation requests from employees and health care providers.

A. Use of Codeine, Oxycodone and Other Opioids: Information for Employees In this guidance, the EEOC acknowledges that current illegal drug use is not considered a covered disability, but goes on to note that employees who are using opioid medication lawfully, are receiving medication-assisted treatment (MAT) for opioid addiction, or have recovered from their opioid addiction, are protected from disability discrimination under the ADA. Likewise, in Tennessee, these individuals would be protected from discrimination under the Tennessee Disability Act. The EEOC presents information to assist employees in requesting reasonable accommodations and maintaining employment when they are legally using opioids or are in an opioid addiction treatment program or have a history of using opioids. The purpose of the document is to explain the ADA nondiscrimination and reasonable accommodation provisions for individuals who are not engaged in illegal use of drugs and are qualified for employment. (To view this guidance, go to: www.eeoc.gov/laws/guidance/use-codeineoxycodone-and-other-opioids-information-employees)

B. How Healthcare Providers Can Help Current and Former Patients Who Have Used Opioids Stay Employed This EEOC guidance provides basic information to healthcare providers regarding reasonable accommodations under the ADA, with emphasis on educating providers on the issues faced by employees who legally use prescription opioids or who have been addicted to opioids in the past. However, the documentation goes further than simply providing education with respect to the ADA. For example, in a question-and-answer format, the EEOC states that "opioid use 16

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disorder (OUD) is itself a diagnosable medical condition that is likely to qualify as an ADA disability." Of course, the guidance goes on to state that "there is an exception for people who are using heroin or opioid medication without a valid prescription – the ADA doesn't stop employers from firing employees, denying employment to job applicants, or taking other negative employment actions based on the current illegal use of drugs." Clearly, one of the purposes of the guidance is to encourage and assist healthcare providers in advocating for reasonable accommodations on behalf of their patients by giving examples of reasonable accommodations, outlining the circumstances where a reasonable accommodation might be necessary for an employee, and providing examples of certain documentation that would be of assistance to an employee in requesting a reasonable accommodation from his or her employer. The Guidance also addresses safety concerns, but indicates it is not enough for a healthcare provider to provide the employer with restrictions such as "no operating heavy machinery." The EEOC further notes that for an employer to decide whether an employee poses a direct threat, the employer needs information to assess "the level of the risk posed by a disability, taking into account the probability that harm will occur, the imminence of the potential harm, the duration of the risk, and the severity of the potential harm." Adding to the complexity already present in the conundrum faced by employers with respect to reasonable accommodation requests under circumstances involving the ongoing use or previous of opioids, the EEOC guidance concludes by noting that "where relevant, consider and assess any risks your patient's condition may present in light of the type of work your patient performs … the type of equipment he or she uses, his or her access to harmful objects or substances; any safeguards in place at the worksite; the type of injury or other harm that may result if one of the identified medical events or behaviors occurs; and the likelihood that injury or other harm would in fact occur as a result of the event or behavior. If you don't have this information but think you need it to make an accurate assessment, you should ask the employer for it." (To view this guidance, go to: www. eeoc.gov/laws/guidance/how-health-care-providers-can-help-currentand-former-patients-who-have-used-opioids) While these documents do not have the force and effect of law, they clearly provide guidance to employees with respect to requesting reasonable accommodation, working with their healthcare provider to provide medical support for an accommodation, and the interplay between the ADA and various types of reasonable accommodations.

For example, in responding to the question of "If I need a reasonable accommodation because of an ADA disability, does the employer have to give it to me?," the EEOC answers this question as follows: "If a reasonable accommodation would allow you to perform the job safely and effectively, and does not involve significant difficulty or expense, the employer must give you one. If more than one accommodation would work, the employer can choose which one to give you. The employer is not allowed to charge you for the accommodation." An interesting scenario arises for employers involved in drug-free workplace programs and the interplay with workers’ compensation claims. A staggering 38% to 50% of all workers' compensation claims are related to substance abuse in the workplace. (See: 'Working Partners', National Conference Proceedings Report: Sponsored by U.S. Dept. of Labor, the SBA, and the Office of National Drug Control Policy.) To combat the use of drug-related injuries in the workplace, many states have enacted Drug-Free Workplace Programs to promote safe worksites and increase productivity. Tennessee, for example, has threshold limits for marijuana, cocaine, phencyclidine, amphetamines, Codeine / morphine, heroin, hydrocodone / hydromorphone, oxycodone / oxymorphone, and alcohol an individual can have in their system at the time of a work-related accident. If an employee tests above the threshold limits during a postaccident drug screening, employers receive a shift in the burden of proof in workers’ compensation claims involving a positive alcohol or drug test. This means it is presumed that the drugs or alcohol were the proximate cause of the injury, and benefits can be denied. There is also a presumption that the discharge or discipline of an employee, or the refusal to hire a job applicant, who is found to be in violation of the

employer’s Drug-Free Workplace Program will be considered done for cause. This poses problems with the EEOC’s guidance as it pertains to maintaining employment for employees who legally use opioids but who, upon post-accident testing, test above the allowable threshold limits. If your organization is part of a Drug-Free Workplace Program, work closely with your employment law attorney as there are many possible twists and turns, and receipt of good legal advice along the way can be invaluable. Whether an employer participates in the Tennessee Drug Free Workplace Program or not, it is vital to tread carefully when handling an employee’s on-going, legal use of opioids. Bottom line, when addressing the use of opioids in the workplace, employers would be wise to seek guidance from an employment law attorney to assist in navigating through these challenging issues.

Mary C. Moffatt, Member

Wimberly Lawson Wright Daves & Jones, PLLC mmoffatt@wimberlylawson.com www.wimberlylawson.com

Rosalia Fiorello, Associate

Wimberly Lawson Wright Daves & Jones, PLLC rfiorello@wimberlylawson.com www/wimberlylawson.com

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Update Your

Medical Marijuana Policy! By LUTHER WRIGHT, JR.

Marijuana usage remains illegal on a federal level in the United States. However, over the last two decades, 33 states and Washington D.C. have approved of the use of medical marijuana, and 11 of those states and Washington D.C. have legalized its recreational use. Seventeen states currently have some type of statutory protection for medical marijuana users, with most of those states including protections against terminations in the workplace—and some jurisdictions have banned pre=employment testing for marijuana altogether. As the laws regarding marijuana have changed and proliferated, the tension between workplace safety concerns and legal marijuana usage have increased and are receiving more scrutiny. With additional states considering pro-marijuana laws and the states with current laws considering expanded protections for users, the issues for employers will only increase and become more complicated.

Medical Marijuana and Discrimination Most of the 33 states with medical marijuana laws have expressly made it clear that legal users may not be discriminated against in the workplace. In the states that have not expressly addressed workplace discrimination by statute, courts have had to interpret the workplace implications of medical marijuana usage. The vast majority of courts considering these issues have held that medical marijuana laws themselves do not provide an independent basis for employment claims. However, these same courts have more recently found that in many instances, the medical marijuana user may be able to advance arguments under other laws based on the conditions medical marijuana was prescribed to address. The conditions have typically been chronic medical conditions that qualify as disabilities or handicaps under applicable state and federal laws. Significantly, no medical or recreational marijuana statutes have asserted, and no courts have found that employees have a right to use or possess marijuana on an Employer’s premises or that employees may report to work impaired. Instead, the primary issues arising for Employers in these cases have usually been two-fold—failure to hire based on pre-employment drug testing and termination of medical marijuana users after failed random drug tests in the workplace. 18

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Regardless of the jurisdictions and regardless of whether marijuana usage is legal in that jurisdiction or not-- Employers should be sure to make sure that they are following three critically important practices—1) Awareness of all applicable laws; 2) Robust review of pre-hire employment practices; and 3) A Review and update to Disability and Accommodation Practices.

Some Jurisdictions Ban Pre-employment Testing for Marijuana First, Employers should make sure that they are up to date on the status of all local and State laws impacting their locations and in the habit of periodically reviewing the same. For example, Nevada has banned pre-employment testing for marijuana as of January 1, 2020 and New York City has statutorily banned all pre-employment drug tests for marijuana as of May 1, 2020--both with certain exceptions based on specific industries or safety concerns. In terms of exceptions, the Nevada ban does not apply to certain groups of employees (like first responders) and the New York City ban does not apply to those persons in jobs operating federally regulated vehicles, operating heavy machinery or in professions like law enforcement. Other jurisdictions are currently in the process of adopting or contemplating the same type or similar legislation. For these reasons, Employers must make sure that they are carefully and consistently reviewing the laws applicable to their locations from a State and local perspective. Employers should also be aware of the exemptions available to their industries and to those regarding specific types of jobs. A best practice is to make certain that marijuana laws in relevant jurisdictions are being reviewed at least every six months.

The Rationale for Drug-Testing and Robust Job Descriptions Second, Employers should carefully review their hiring practices and policies regarding pre-employment drug testing. This process should begin with a consideration of the rationale for pre-employment drug

testing in the first place. Employers should ask critical questions regarding whether the drug test is legally required, required by existing agreements (such as Collective Bargaining Agreements, federal contracts or workers’ compensation policies) or only should be required for certain types of jobs. Knowing the rationale for pre-employment drug testing will help define the parameters and thought processes for any necessary changes.

Legal Challenges are Coming at HR Professionals from Every Direction

As part of this process, Employers should also perform a robust review of all job descriptions to ensure that safety sensitive positions are identified as such, and that safety aspects of all other jobs are expressly included within the job description. For instance, if jobs require the occasional operation of heavy machinery or require work in environments where quick reaction times to hazardous conditions are necessary, these requirements should be included in the job description. These safety requirements can then be timely disclosed to potential applicants and can be properly considered by the Employer and the job applicant in the hiring process. Applicants will then be able to thoughtfully consider these safety requirements when being asked if they can perform the essential functions of the job with or without a reasonable accommodation. Additionally, Applicants should also be advised that questions about performing a job with or without a reasonable accommodation would also include accommodations made necessary because of any underlying disabling conditions and/or the treatment arising from those conditions. These revisions make a discussion of medical marijuana usage after an offer has been extended more likely. They will also help establish a good faith basis for asserting the importance of workplace safety concerns and/or forming the basis for an exemption from testing bans.

Refining the “Interactive Process” Finally, Employers should review and update their disability and workplace accommodation policies to squarely address an employee’s disclosed usage of medical marijuana. Human Resources personnel must be trained that this issue should be reviewed using the familiar ADA “interactive process” rubric. Once the marijuana usage is disclosed—whether voluntarily, during pre-employment drug testing or during random drug testing—Employers should have discussion with employees regarding any potential accommodations. Those accommodations may range from consideration of other medications, to changes to an employee’s schedule to better accommodate treatment regiments or even a consideration of other positions that might be less safety sensitive. Courts considering these issues have tended to focus on the quality of the interactive process and less on the marijuana usage itself, which is why Employers are well advised to do the same. Adhering all three of the principles discussed above is an Employer’s best approach to navigating the ever-changing world of marijuana usage laws.

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.

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It’s Now or Never:

HR Must Rise to the Occasion By BRAD FEDERMAN and BRIAN POINDEXTER

For years Human Resources has been fighting to get a seat at the executive table and still, today, according to KPMG, only 17% of executives feel HR adds value. That is a statement; 83% of executives do not feel HR adds value. Executives are not alone. Twentytwo (22) percent of Human Resource professionals do not think their function is valued (NaturalHR). We are now in a period of time when we are dealing with a pandemic, economic crises, and racial strife. It’s now or never. HR must rise to the occasion or risk forever being seen as a lower level or back office function.

We live in a time where networks rule over hierarchy, work is no longer associated with a place, skill sets can change overnight, profit is getting squeezed, technology is used as a disruptor and agility is key. It is time that Human Resources embrace the new mindset. Here are ten ways to redefine and raise the level of your Human Resources function:

Focus on results, not just costs

• In business, it’s common knowledge that the goal is to positively affect the bottom line. However, to approach success based on cost alone is a grave mistake. Securing long term health of your business often requires sacrifice in the short term. It requires more resources to rectify a problem caused by a lack of quality due to penny pinching than to treat situations with the proper attention and care required initially.

Drive culture as the glue that holds everything together

• What sustains a great business is the environment in which its processes are conducted. We perform more effectively when we are properly trained and in an organization that places us in the best position to succeed. An agile culture that powers collaboration, resilient relationships, and employee growth creates a bond with an organization’s employees and customers.

Learn the business

• The foundation of a successful HR structure is doing your homework. HR is there to serve the core needs of the business such as growth, customer retention, profitability and brand superiority. It is imperative that legitimate time is placed in developing an understanding of the environment you are serving. Without that knowledge, it is extremely difficult to speak the language of the business, serve the business or have credibility in the executive suite.

Create trust through transparency

• People are naturally more receptive to believing in things that are tangible. Running a business based on blind faith is often a recipe for disaster. An organization needs a comprehensive business model that is grounded in its ability to provide verifiable keys for profitability and performance tracking. When people can clearly envision every facet of work expectations; it creates a direct road toward trust. We need to create as much of an open book as possible.

Break out of the compliance box

Lead Experience Management (XM) for employees and customers

• HR can no longer operate in terms of simply checking the box that an action occurred or focus on risk. The true concept of human resources is the life and breath of the organization. It requires an active focus on defining a clear plan toward creating and maintaining a healthy and inclusive work culture. The world is changing every day; so in turn, the HR conversation is always on-going and never stagnant.

• The most overlooked and underutilized measure of success is experience management. To truly have your finger on the pulse of your business is to have tools in place that actively record the human experience. One of the leading factors in reducing employee turnover and increasing consumer loyalty is exploring moments of truth. The only way to understand the needs of another in order to provide the best solution is to view things from their perspective.

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inherent fear for employees to show their true selves. We are more effective when we feel that we belong and we bring value based on our individuality, rather than only collectively as laborer. Too many organizations have tried to create inclusion by walking on egg shells and removing aspects of individuality in the workplace.

Have the difficult conversations

• The boldness to have the tough conversation makes or breaks a work culture. It’s impossible to maximize potential with people leaders that are either not empowered or feel uncomfortable in holding others accountable. The ability to convey a necessary message based on a genuine care for a person’s future success is impactful and outweighs the fear of invoking an undesired emotion.

Only let leaders take on management roles

• Leadership is a quality that is earned, not just given. Too often leaders are appointed based on many factors other than the ability to productively drive others toward reaching their potential and achieving a common goal. We promote great individual contributors to leadership roles. Leadership is not measured simply by tenure, individual work ethic or productivity. Not all leaders are managers, but all managers should be leaders.

Promote collaboration

• Though it may sound cliché; it is important to harness a “we” mentality in business. It is very easy to generate an “us vs them” mentality when there is no effort to build confidence that everyone is in this battle together. Few things drive buy-in stronger than feeling that everyone has a significant role that impacts our success as a whole and that we all support each other in that process.

Encourage people to bring their whole selves to work

• Having an inclusive environment exudes an organization that values its most important asset; people. Nothing erodes employee engagement more than a culture that creates an

Brad Federman, CEO PerformancePoint LLC bfederman@performancepointllc.com www.performancepointllc.com

Brian J. Poindexter PerformancePoint LLC HR Specialist bpoindexter@performancepointllc.com www.performancepointllc.com

Engaged Employees. Resilient Relationships. Collaborative Cultures. • Customer and Employee Experience • Compensation Strategies • Strategic HR (Analytics) • Leadership & Talent • Diversity & Inclusion • Change & Transformation

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Top 10 List for Hiring (and Keeping) High-Quality Talent By STEWART GOTT

2020 has handed us a wildly unexpected ride that the history books will be writing about for decades to come. Realistically, however, our businesses must go on and strive to be profitable. This takes top talent. How can HR professionals make sure they are hiring the cream of the crop, and what can they do to keep them once they snag them? Read on for our top 10 list for hiring and keeping high-quality talent.

Top Workplace, among others) and accolades that set your company apart from your competition. A-players want to work for strong companies that are enthusiastic community partners. Showcase Company Culture The best education and most spot-on experience won’t make an employee succeed if they don’t fit into the culture of your company. Share authentic information early on about what your organization is about, what it values, and the overall “vibe” of the organization. Prominently display your Core Values and discuss them throughout the interviewing process. A clear idea about a company’s culture can help the talent most fitting to your business accept your offer and become a high-value asset. Talk About the Company Vision…and the Candidate’s Part in It

Study Your First-Choice Candidates You have a blueprint to help you hire the people you want; you just need to realize it. These are the people you landed in the past who were your first-choice candidates. Poll them and find out why they chose your company, the selling points, and the drawbacks that made them think about turning down the offer. From there, you can pinpoint the key points to use in attracting and landing those coveted A-players. Create Illuminating Job Descriptions Job descriptions should invigorate and excite, not bore and stifle. Yes, include the specific key responsibilities of the position, but add the opportunities available, benefits, and the type of person who typically succeeds at your company. Give as much information as possible upfront to save you and the candidate time that may be wasted if they aren’t a fit. Paint a picture of the job so the applicant can visualize themselves in the scene. (Ask marketing for assistance if you need to.) Put Company Successes Out There Employer branding has never been more important than it is now. Candidates often read a company’s social media pages, website, and employee reviews before they take the time to send a resume! Share information about awards (such as Best Place to Work, or 22

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Given a choice, almost everyone would like their efforts to be part of a greater good. This is where you can leverage your company vision into a selling point for your organization. Offer a direct correlation between the position and the success of the company vision. This “bigger than the sum of its parts” scenario will appeal to high-quality candidates and engage A-playing employees, so they perform more productively and enjoy their jobs. Offer Tantalizing Opportunities Stale jobs where it looks like a job applicant will do the same thing day in and out won’t be high on anyone’s list. Weave opportunity potential into every part of the hiring process. Talk about relevant education offers, new departments being formed, new products coming into production, and other exciting ways that a new employee can expect to improve themselves and grow. Highly sought applicants expect to enjoy ongoing opportunities in their workplaces.

Practice Versatile Flexibility One of the top answers on any poll asking “what do you look for in a company” will always be flexibility. It’s moved from a nice benefit to an expected necessity in the last decade. Many companies provide remote positions, ample vacation time, and other flexible ways that employees can perform their jobs. Being inflexible pigeonholes a company and makes it look outdated and restrictive, and neither of those aspects does well with high performers. Invest in A Mentoring Program A mentoring program is a smart way to drive productivity and decrease turnover. The mentor can experience new challenges with the mentee, and the mentee can soak up the mentor’s knowledge. Cross-generational and departmental mentor/mentee relationships are positive in building company loyalty, establishing a network, and maintaining focus and morale. Bring Competitive Pay and Benefits Finally, we’ve got to talk about what may still be the most important tip for hiring and keeping high-quality employees: the money! If your company is not in line with what other companies offer, A-players won’t accept your positions, and if they do, they won’t stick around for long. Do some research on average pay for your positions and make certain your pay and benefit scales align accordingly. Hiring and keeping top talent takes effort, but a team full of A-players is well worth it. Being able to design a powerful job description and interview process that showcases the company culture and growth opportunities is the first part. Once they are hired, keeping them engaged and invested, and well-compensated, is crucial in keeping high-quality employees on your payroll and not your competitors’.

Embrace Inclusion Job seekers are increasingly discouraged by companies with uniform, cookie-cutter employees. Organizations need to create a diverse and welcoming environment that is compatible with people from all walks of life. These different viewpoints and experiences will undoubtedly mesh into a unique and positive company culture that fosters long-range success.

Stewart Gott

National Account Executive sgott@datafacts.com www.datafacts.com

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Pandemic fatigue:

what it is and how to cope By KATIE O’NEILL

Photo Winston Churchill by hespokestyle.com

“If you’re going through hell, keep going.”-Sir Winston Churchill

emember in March of 2020, when we first hit with COVID-19 restrictions? We heard “two weeks” to flatten the curve, and the mention of restrictions staying in place until July seemed beyond comprehension. We set up online meetings, baked cookies, and committed ourselves to following the guidelines with the promise that this would be over soon and we were all in this together.

Ah, those were the days. Now over six months later, we are battle fatigued. The montage has played, and instead of the triumphant ending we hoped, we are in for many sequels, full of uncertainty, and compounding problems and fears. Short periods of stress can lead to bursts of adrenaline, which can cause people to feel energized and eager. However, as that short term stress leads to long term stress, we are more prone to burning out, and experiencing emotional, mental, and physical fatigue. Normal life can be stressful as is, but placed under the backdrop of a pandemic, our coping mechanisms become overly taxed. Our bandwidth is spent, and we may feel we have nothing left to give. There are pragmatic concerns from financial strain, job losses, changes in routines, and juggling of responsibilities, along with the on-going mental and emotional stress from fear, anxiety, and loneliness. The combination of having distance from people socially while also no longer having any space from people at home can create relationship stress. We may find ourselves growing tired of restrictions and taking fewer precautions; we feel starved for connection and binge on the things that feel normal, only to later feel guilt and fear that we might have increased our risk. Even if some people have not experienced many changes in their daily life, there is a sense of ambient stress surrounding everyone and everything. It can be difficult to escape reminders of the situation that we are facing and the fear of the unknown. Grief is also a common feeling, not just for the loss of life, but also for the feeling of loss from a job, our favorite places and activities, events, and other major life milestones that have been sidelined. While there are no easy solutions and there likely will not be quick return to feeling normal, here are some ways to help you and your employees cope with the sense of “Pandemic Fatigue”. • R ecognize that you aren’t alone: People are likely hitting their breaking points at different times and in different ways. No matter how people’s situations may vary, most everyone is experiencing some degree of mental strain. By acknowledging that you may not be feeling or acting your best, you can also acknowledge that others are feeling the same, and we can lend ourselves and others compassion to have some bad days.

• D on’t lose hope: While it seems like this will never end, in the grand scheme of life, this is a snapshot. Testing, treatments, and adjustments continue to evolve and improve, which will likely mean a slow return to safety vs. a quick return to “normal”. • K eep your health and well-being in mind: With the disruption in our normal routines, stress, and isolation, it can be easy to fall into bad habits of binge on food, alcohol, television, and social media. Try to find new ways to stay active, and tend to your physical, mental, and emotional health to encourage resiliency. • R esource reminders: Keep employees aware of wellness programs and Employee Assistance Programs to help them stay healthy and navigate the complex emotions associated with the pandemic.

Most importantly, don’t forget to take time to “forget”. While it is important to stay informed, it can also be beneficial to take a break from the news and reminders of the pandemic. Spending some time in nature, reading a book, or focusing on a new project can help provide a much welcomed mental break and sense of purpose.

• F ocus on putting one foot ahead of the other: It can be difficult to watch long term plans begin to look uncertain, or try to plan for the future. By focusing on what you need to do in the moment, and finding good moments in every day, you can promote being mindful. • K eep some space (socially and otherwise): Even though we are tired of it, it is important to continue to follow guidelines as they adapt and change, and not lose our commitment. It is also ok to need some space and give others some space if experiencing some feelings of crankiness and exhaustion.

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Katie O’Neill, DC, BS

Director of Clinical Wellness McGriff Katie.O’Neill@McGriff.com

Most brokers say they have all the answers.

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To learn more, visit McGriffInsurance.com and select Employee Benefits.

ÂŠ 2020, McGriff Insurance Services, Inc. and McGriff, Seibels & Williams, Inc. All rights reserved. McGriff Insurance Services, Inc. and McGriff, Seibels & Williams, Inc. are subsidiaries of Truist Insurance Holdings, Inc.

4 TIPS

for HR Leaders to Boost Employee Benefit Support By CATHIE RUFFNER

itigating turnover costs and risks are why so many companies invest so much time and treasure in employee benefits, which surveys show can be more powerful than even salary in stabilizing teams. Dollars can be matched, even raised. Proactive and engaging benefit offerings, by contrast, are difference makers in retention, as well as recruiting. That’s probably not news. What is new is the extent to which companies are pushing the specificity and reach and hold of their benefits, weaving them more deeply into employees’ lives. This trend isn’t about simply offering a health plan with a lower co-pay or boosting the annual dental coverage. In the continual effort to retain top talent, HR departments of forward-thinking companies are more willing to provide essential or important family supports such as subsidizing at home childcare and babysitting. Marsh & McLennan Agency is acting as well-being advisor to many clients, some of whom are partnering with Care.com. Because those types of benefits bring the company and employee closer together, cementing a give-give relationship of mutual benefit, they’re a very smart approach to stability in this very unstable business and personnel climate. If you’re looking for similar ways to boost your benefits and support your employees, here are a few suggestions for these types of lifestyle and support benefits.

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C H I L D C A R E – Our example of helping clients with childcare benefits is instructive because the value isn’t childcare at a corporate office or other onsite location, it’s at home childcare. It’s additive and supportive of employee life choices as well as work from home realities. As HR leaders and C-suite executives increasingly smudge the lines between work hours and work geography, being a partner in major considerations such as childcare will be paramount.

E D U C AT I O N – With benefits taking an active line on care for employee’s children, education benefits are increasingly intertwined. It’s not good enough, for example, to simply care for children at home while parents are working there too. Nurturing their growth at the same time is a value add to the value add. That’s already translating to subsidized benefit packages that include top-end, online tutoring and school-approved augmented learning programs. Noodle Pro’s Schoodle service, for example, provides academic support, which is engaging, enriching and fun and is easily layered in with home care options and similar programs can guarantee that at home time is also quality time. Again, the focus is not education benefits for the employee. Those are important. But the wrinkle here is life supports that also enrich the employee’s family, easing the work they do outside their corporate responsibilities.

W E L L N E S S – Health and wellness will be at the forefront of benefits for the foreseeable future and companies will have to do more to show they take the issue seriously. The future benefit in wellness is not health care. It’s flexible options and proactive efforts that enhance wellness and safety at the office and at home.

That starts with benefits that underwrite open-ended personal supports such as remote mental health counseling or enrichment programs such as yoga or kickboxing – letting employees pick the options that fit their needs, interests and lives. Additionally, HR leaders will increasingly investigate, and where needed, improve the wellness of shared workspaces. Investing in new air quality systems, for example, is now an HR benefit that employees will value.

Just as importantly, benefits such as these can also significantly reduce turnover risks. Leaving a company that supports your child’s education and enriches your parents’ retirement or long-term care stops being entirely about pay packages and insurance co-payments and becomes more about recreating a work/life balance that’s actually more of a work/life partnership. Benefits are moving in the partnership direction. If the trend continues, they will be difference makers in bringing good people in and keeping them on board.

S E N I O R C A R E – Valuable mid-career employees are not just caring for children; they are often caring for elders too. Accordingly, benefit plans that invest in senior care and quality can be indispensable. As with childcare or personal wellness, flexible subsidies or packaged partnerships with providers can offer even more comfort, stability and focus to employees who are increasingly navigating these unforeseen and often overlooked responsibilities. Easing life obligations such as education and senior care improve employee performance, especially if they are called upon to work from home. Providing life support benefits – benefits that support quality living for the entire family – is also a powerful signaling tool about company values and priorities.

Cathie Ruffner, VP Human Resources

Marsh & McLennan Agency, Upper Midwest Region cruffner@mma-mi.com www.mma-mi.com

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Employee Questions Regarding Leave and Accommodations During Reopening By SARAH LANGER

While HR professionals have been dealing with COVID-19-related issues in the workplace for more than six months and understandably have some COVID-19 fatigue, important issues continue to arise. A critical and continuously recurring area involves handling workplace leave and accommodations related to COVID-19. As many readers know, the landscape governing employee leave and accommodations includes the Family Medical Leave Act (“FMLA”), the Families First Coronavirus Response Act (FFCRA) (including the Emergency Family and Medical Leave Expansion Act (EFMLEA) and the Emergency Paid Sick Leave Act (EPSLA)), various federal regulations, the Americans with Disabilities Act (ADA), state statutes and regulations, and local ordinances. These sources of law grow and change frequently across jurisdictions, and keeping up with new and emerging developments requires close attention. This article begins by walking through several common questions clients have asked regarding leave and accommodations during reopening, with a particular emphasis on issue spotting and analysis. This keeps all readers in the conversation, whether your workplace has seen these issues yet or anticipates seeing them in the near future. (1) Should HR utilize the ADA interactive process when an employee states that they have concerns about coming to the workplace because of an ill and/or elderly relative?

Maybe, but we need further information. HR should discuss the situation with the employee to determine whether the employee has any concerns about their own health and ability to perform the essential functions of their job or instead their concern applies only to the relative. If the employee has their own health concerns and believes they may not be able to perform the essential functions of their position, then the ADA interactive process applies. Otherwise, the concerns fall outside of the ADA, though it’s advisable to discuss the situation with the employee to determine whether you might be able to make modest adjustments so as to assist your employee attend to family and work obligations. 28

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(2) How should HR handle such concerns outside of the ADA?

HR should evaluate the situation to determine whether the FMLA applies, to include additional categories of leave set out by the FFCRA through the expiration date of those (currently December 31, 2020), and whether any additional state or local laws may apply and provide additional rights. As a reminder, these laws do not apply to all employers, and HR professionals should confirm the laws apply to their workplaces. If the FFCRA applies and the employee is eligible, the law may provide for protected leave with full or partial wages, depending on the reason for the leave. In our scenario involving an elderly relative, if the relative is subject to quarantine and the employee has a “bona fide” need to care for the relative, the employee can receive two weeks (up to 80 hours) of paid sick leave at two-thirds the employee’s regular rate of pay. HR should be especially mindful of the patchwork of laws across jurisdictions in this area, as different states and cities have enacted laws impacting leave rights. (3) What if the employee cannot find childcare options while schools remain closed and require virtual learning?

If the FFCRA applies and the employee is eligible, they may obtain both sick and expanded family and medical leave under the FFCRA to care for a child during school closure related to COVID-19. First, the employee may receive two weeks (up to 80 hours) of paid sick leave at two-thirds the employee’s regular rate of pay because of a “bona fide” need to care for a child in such circumstances. Then, as necessary, the employee may receive ten weeks of paid expanded family and medical leave at two-thirds the employee’s regular rate of pay where the employee has a “bona fide” need to care for a child in those circumstances. (4) Is the answer the same for HR at all covered employers?

In short, no. For example, the FFCRA provides an exemption for health care providers and emergency responders because the nation needs professionals in these fields to care for citizens during the pandemic.

(5) Wasn’t that exemption declared unlawful where healthcare employers can’t use it anymore?

No. The FFCRA itself provides for the exemption and gives the Department of Labor (DOL) authority to enact regulations concerning operation of the exemption. Recently, a federal judge in New York concluded part of the regulations to be unlawful, but it was not clear whether that decision applied nationwide. Since then, and most recently, the DOL issued revised regulations addressing issues analyzed in that case. As to the exemption, the DOL narrowed the definition of “health care provider” to match the original definition of that term under the FMLA, and included other employees who provide diagnostic, preventive, or treatment services or other services that are integrated with and necessary to the provision of patient care. (6) What should HR do with a stack of temperature check “sign-in sheets” that operations just provided?

LCYFFL00420

In short, preserve and analyze – and then potentially communicate and educate. Many employers have put in place safety precautions, such as temperature checks, and these come with specific legal requirements. As one example, a temperature check is generally considered a medical examination under the ADA, which means that the information must be carefully protected. In our scenario, if operations provides HR with “sign-in sheets” with employee names and temperatures, HR needs to determine how temperature checks have been conducted and recorded. A worst-case scenario would be sign-in sheets sitting out on a table where employees sign their name and then a different employee takes and writes down their temperature, with the full content of

names and temperatures fully viewable to everyone who walks up. If HR determines a problem exists, HR should communicate immediately with appropriate leadership and educate on proper protection of medical information. ** We anticipate that the broad patchwork of laws applicable to leave and accommodations during COVID-19 will see increased challenges before administrative agencies and the courts in the coming months, so HR professionals need to continue to keep up to date on all applicable laws through resources they trust. As many readers may know, SHRM offers a resource at https://www.shrm.org/resourcesandtools/ pages/communicable-diseases.aspx. Additionally, a number of law firms maintain resources; Littler’s free COVID-19 resource is available at littler.com/covid-19 and includes an interactive map of jurisdictions. As to leave in particular, our colleague Jeff Nowak’s blog FMLA Insights (fmlainsights.com) follows developments closely and provides insight on changes and updates. Amidst all of these leave and accommodations developments, HR professionals should hold strong continue to be workplace leaders. Your ability and passion in taking care of your employer and its employees make a key difference.

Sarah Langer, Associate Littler – Lexington office SLanger@littler.com www.littler.com

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Measuring DailyPay’s Impact in Times of Crisis By JEANNIEY WALDEN

hile the COVID-19 crisis has turned the world completely upside down for months, it also may have permanently altered the world of work. Employees and consumers have new concerns for security and safety that have grown out of the pandemic. For employees, increased financial stability is now at the forefront of their needs. After watching family members be furloughed or laid off as the prices of essential goods rose, a steady paycheck and benefits package became even more important to Americans than ever before. Because of this, pay flexibility went from a “nice-to-have” to a “need-to-have” benefit. Before the pandemic began, our partners saw an average of 22% lower turnover rate among DailyPay (DP) users as compared to non-DailyPay (non-DP) users. At the start of the COVID-19 pandemic in March 2020, we noticed sharp increases in the turnover rates of both DailyPay and non-DailyPay employees, as some partners had to furlough or layoff their employees, while others experienced the impact of FMLA. This is evidenced in Figure 1 below, which shows the turnover trend among DP and non-DP users.

For many partners, especially large partners with high DailyPay adoption rates, the difference in turnover of DP vs. Non-DP users increased to an even wider margin. This is because employees with access to flexible pay tend to be more positive and motivated in their roles, since their hard work is rewarded with this life-changing benefit. Because of this, having access to daily pay makes them less likely to leave their jobs. 30

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Our partners’ data also shows a dramatic improvement in cost savings as a result of turnover reduction. Among our partners, larger companies with higher DailyPay adoption rates see more prominent reductions in turnover. These large companies also see the highest cost-saving impact from offering DailyPay to their employees, which contributed to the $5.7M total cost savings that our partners benefited from in the month of March 2020, at the beginning of the coronavirus pandemic. This spike is evidenced in Figure 2, the graph below:

a time when many companies took sizable revenue hits. Providing a personalized pay experience may seem like a frivolous benefit to some, but quick data analysis shows that the financial and psychological rewards of this benefit are invaluable. Whether facing a global pandemic or simply living everyday life, on-demand pay access truly has the power to change lives, starting with better financial stability for all involved.

Jeanniey Walden

DailyPay was a lifeline for both employees and employers during the COVID-19 crisis. Not only did it provide a safety net for employees who needed emergency supplies or the ability to buy essentials before their scheduled paydays, but it also helped employers reduce turnover costs during

Chief Innovation and Marketing Officer DailyPay Jeanniey.walden@dailypay.com www.dailypay.com

Choose the gold standard in on-demand pay … … Choose DailyPay!

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The on-demand pay space is getting crowded, but only Daily Pay delivers the most flexible, compliant and easy-to-use on-demand pay benefit. That’s why 80% of the Fortune 100 who offer on-demand pay are our DailyPay clients! Offering instant access to employee earned income is proven to reduce turnover, support recruitment and increase employee engagement.

52%

45%

87%

Attract new candidates for open positions 52% faster

45% average reduction in turnover

87% increase in employee satisfaction

WHO WE WORK WITH

AWARDS

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Good Guys:

How Men Can Be Better Allies for Women in the Workplace BY WILLIAM CARMICHAEL

In all probability, I will anger some of our male readers with my opening remarks. Rarely have I come across a book that tells it like it is so quickly. That we men in the workforce, yes . . . “us guys,” created the gender disparities that exist today. And not just created it, we have the audacity to perpetuate it! Somehow, we feel that gender inequality is a women’s issue; therefore, we never feel any responsibility to fix it. We talk a good game about promoting an inclusive environment but our actions are not so convincing. Men, (and I mean that literally) the book I review here is a wake-up call and the real answer may be staring us in the face. Women are not the enemy. They are our allies and should be treated as such! The problem is that we men don’t know how to treat them as allies. In Good Guys: How Men Can Be Better Allies for Women in the Workplace, authors Dr. David G. Smith and Dr. W. Brad Johnson provide a practical, research-based guide for how to be a male ally to women in the workplace.

Effectively Managing in the #MeToo Movement To be completely honest, I think that most men, myself included, feel a bit excluded from the #MeToo movement. It’s not that we don’t feel it is important . . . we do! It’s just that we don’t feel it was a positive catalyst to move men to action or to make badly needed behavioral change in the workplace. If anything, it moved some of us in the opposite direction thereby aggravating already chronic gender disparities. This is where our authors can help. Good Guys distills the latest science research and shares evidence-based practices to help men become better allies. They address “good guys,” or male would-be allies who want to help end workplace gender inequities but don’t know what to do and provide simple instructions, including ready responses to sexist jokes (“Not cool” or “We don’t do that here,” among others) and questions to ask oneself to help gauge a meeting’s inclusivity (“Who is getting interrupted?”) which I talk about a little later. The authors provide helpful advice on how to get past one’s misgivings and get started as an ally, deploy privilege appropriately by realizing its limitations for other people (such as how women of color might not feel comfortable adopting a white male’s brashness), and advocate for women at both the individual and organizational levels. Smith and Johnson also walk the walk as almost all their quotes are from women. The direct and useful advice should make this an obvious choice for men who appreciate the book’s central message: “You can and should do more.” 32

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Good Advice Men Can Use What our authors provide in Good Guys is a healthy dose of reality to those who don’t perceive gender inequities in the workplace “at all” and as Drs. Smith and Johnson attest, “It’s hard to fix what you can’t see. Another challenge is that men are unsure of how to take action so they often simply decide not to. As Smith and Johnson show us, “The skills men need to better allies for women at work also make them better allies to someone of a different race, sexual orientation, or background.” Part of this reality also comes from early in Chapter 1 where the authors make an incredibly brash statement in a section titled It’s Good to Be a Man in the Workplace where it opens with “The workplace was created by men, for men, to do men’s work. Because men are the workplace norm, the entire business and workplace environment is based on men, with a few exceptions (e.g., women’s restrooms). Impetuous or not, there’s a great deal of subconscious truth that men feel about this. It’s almost like- “How dare they invade our space!” Men, we’ve got to move past this caveman mentality and Good Guys shows us how. As an example, I found the Ally Actions at the end of Chapter 5- Trust and Reciprocity in Friendships with Women to be especially helpful. Equally helpful were the Ally Actions at the end of Chapter 7Meetings: Dangerous Places If You’re Not a Dude. As we all know, meetings can be a treacherous place around the table when testosterone levels tend to compete with one another. You know it’s going to happen. . . what the authors refer to as “manterruptions,” where a male will cut short what a female has to say. Someone, another male, needs to take ownership of this and again, our authors show us how it can be done, effectively, professionally, and respectfully. Guys, this is good stuff!

Structure and Layout Well researched and cited (a quick perusal of the Notes Section alone indicates an enormous amount of recent, peer-reviewed, credible sources), educators Smith and Johnson go beyond the

traditional textbook look and feel to one of a practical field guide. There is substance here as well as application. At 216 pages, Good Guys is organized into three parts: 1) Interpersonal Allyship, 2) Public Allyship, and 3) Systematic Allyship. Its ten chapters comprise sixty action-oriented strategies that will help any male manager develop their own personalized ally action plan. Linear by design, readers will benefit from a front to back read but once again, be prepared for some honest truth very quickly. Part 1

Chapter

Main Focus

Filled with firsthand accounts from both men and women, and tips for getting started, the book shows how men can partner with their female colleagues to advance women's leadership and equality by breaking ingrained gender stereotypes, overcoming unconscious biases, developing and supporting the talented women around them, and creating productive and respectful working relationships with women.

Who Will Benefit Most from This Book? Male management (at all levels!)

Men: The missing ingredient in gender equity

How to develop your gender intelligence (GQ)

ABOUT THE AUTHORS:

How be a better ally at home

How to capitalize on interactions at work

How to develop a personal board of advisors

How to become a proactive ally

David G. Smith, PhD, is a professor of sociology in the National Security Affairs Department at the US Naval War College. W. Brad Johnson, PhD, is a professor of psychology in the Department of Leadership, Ethics, and Law at the US Naval Academy and a faculty associate in the Graduate School of Education at John Hopkins University.

How to handle ubiquitous inequities

How to effectively sponsor and support women in the workplace

How to vanquish inequities

How to grow a robust community of allies

William Carmichael, Ed.D

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

COVID-19 Employee Handbooks Most organizations are in the process of either reopening or making plans to return to an operational status soon. It’s an ideal time to review your employee handbook and update your employment policies to address the post COVID-19 world in which we now work. Certain policies should be updated in light of federal legislation such as the Families First Coronavirus Response Act ("FFCRA"), and other policies to protect your employees – and your company.

• Sick Leave • Vacation and Travel

• Remote Work and Teleworking • Business Contingency Planning

William Carmichael, Ed.D, can help you customize your organization’s employee handbook and make it COVID-19 compliant now! Don’t wait until it’s too late!

Contact Bill at 901.228.5255 or by email at wcarmchl@gmail.com www.HRProfessionalsMagazine.com

Top Labor and Employment Law Attorneys LISTED IN CHAMBERS USA

HR Professionals Magazine congratulates our top labor and employment law attorneys from Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, and Tennessee listed in the 2020 Chambers and Partners Guide. For details about Chambers and Partners research, please visit their website, www.chambersandpartners.com. This list is not exclusive and represents the firms who responded to our inquiry.

Ogletree Deakins

Ogletree Deakins is one of the largest labor and employment law firms representing management in all types of employment-related legal matters. Premier client service, as outlined in the firm’s Client Pledge, is one of the firm’s top priorities and a cornerstone of its core values. U.S. News – Best Lawyers® “Best Law Firms” has named Ogletree Deakins a “Law Firm of the Year” for seven consecutive years. In 2019, the publication named Ogletree Deakins its “Law Firm of the Year” in the Litigation - Labor & Employment Law category. Ogletree Deakins has more than 850 attorneys located in 53 offices across the United States and in Europe, Canada, and Mexico. The firm represents a diverse range of clients, from small businesses to Fortune 50 companies. BIRMINGHAM, ALABAMA

NASHVILLE, TENNESSEE

James C. Pennington is the Managing Shareholder and a founding member of the Birmingham Office of Ogletree Deakins. For more than two decades, he has represented employers in a wide range of labor and employment law matters, including administrative agency charges, federal and state court litigation, union campaigns and collective bargaining. He helps employers avoid workplace disputes by providing management training and developing defensive documentation such as effective employee handbooks, dispute avoidance and resolution policies, and drug and alcohol testing policies and procedures. He is known for helping employers navigate through the intersections of disabilities and leave laws.

Keith Frazier represents management in the area of labor and employment law, with an emphasis on employment litigation, including collective actions under the FLSA and the ADEA. Frazier has been counsel in over 20 jury trials, and he has experience trying collective actions in federal court before a jury and in an arbitration setting. He has also handled over 40 arbitrations arising under collective bargaining agreements. In 2005, Keith was elected to the Firm’s Board of Directors and served until 2011. He also served a three year term on the Firm’s Board from 2014 until 2017.

ATLANTA, GEORGIA

Margaret H. Campbell is a shareholder in the Atlanta office and has practiced employment, litigation, and labor law at Ogletree since 1981. An all-around labor and employment lawyer, Meg is particularly recognized for her experience in complex class and collective action litigation, whistleblower investigations and litigation including Sarbanes-Oxley and Dodd-Frank cases, appellate practice, and restrictive covenant law. She has litigated single plaintiff, multi-plaintiff, and class and collective action jury and non-jury cases in federal and state courts around the country. Craig Cleland defends employers in litigation—including class and collective actions—and counsels them in risk management and compliance. He is the former Chair and Co-Chair of the Firm’s Class Action Practice Group. He is also an Adjunct Professor of Law at Georgia State University College of Law, where he teaches Complex Litigation. He has been recognized as a BTI Client Service All-Star twice—one of a small number of employment lawyers in the U.S. who “combine exceptional legal expertise with practical advice, business savvy and creative, effective solutions.”

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NEW ORLEANS, LOUISIANA

Monique Gougisha Doucette joined Ogletree Deakins in 2009 and is a shareholder. She practices primarily in the area of employment litigation and represents management in claims arising under various federal and state employment laws. Monique has significant experience litigating employment matters in a variety of business sectors such as construction, energy, banking and hospitality. She also has expertise in workplace misconduct and sexual harassment issues. Monique regularly conducts customized workplace respect and anti-harassment training for employers.

Mark Mallery is the Founding Shareholder of the firm’s office in New Orleans, where he has practiced labor and employment law for over thirty years. Mark has acted as lead counsel on complex disputes, including Sarbanes-Oxley whistleblower claims; pattern and practice and class based claims; collective actions under the FLSA; and class-based discrimination claims. Mark has also litigated a variety of “intellectual property” issues. On the traditional labor side, Mark has represented management in union organizing campaigns, collective bargaining, work stoppages and unfair labor practice charges.

RALEIGH, NORTH CAROLINA

Chris Moore is the Office Managing Shareholder of the firm’s New Orleans office and is an advocate for employers. He has successfully defended federal and state law claims of race, sex, religious, age and disability discrimination; breach of contract, wrongful termination, retaliation, defamation, harassment, infliction of emotional distress, misrepresentation, interference with contract, whistleblower, employee benefits and abuse of right claims; state and federal wage claims; family and medical leave claims; unfair labor practices; and labor arbitrations. Chris has also represented management in union organizing campaigns, labor disputes and the defense of unfair labor practice charges.

Thomas A. Farr is a Shareholder who concentrates on workplace safety, employment litigation and advice, and constitutional law. He is listed in The Best Lawyers in America and is A-V rated by the Martindale-Hubbell Law Directory. Mr. Farr is listed in the 2002-2015 editions of Business North Carolina’s Legal Elite. In 2007 and 2008, Super Lawyers named Mr. Farr as one of the top 100 lawyers in North Carolina. Mr. Farr was also selected as one of the leading employment lawyers in North Carolina by Chambers USA, America’s Leading Business Lawyers 2004-present editions.

TAMPA, FLORIDA

Edmund J. McKenna is a shareholder in the Tampa office. His practice primarily involves litigation, including Federal Rule 23 class actions, and advising employers how to avoid litigation. He has represented private/public employers in a variety of employment lawsuits — including Title VII, ADEA, ADA, FMLA, FLSA, wrongful discharge, whistle blowing, and defamation — before agencies and in state and federal courts. He has been involved in numerous employment class and collective action cases, including significant decisions involving the denial of class certification. He is also experienced with union issues, including unfair labor practices and arbitration of collective bargaining grievances. Peter W. Zinober is shareholder and labor & employment lawyer concentrating his practice on the defense of employment discrimination cases in state and federal court, both jury and non-jury, as well as wage and hour, disability discrimination, Sarbanes-Oxley, Dodd-Frank, and other whistleblower defense, age and all other types of employment litigation. Pete also focuses on “traditional” labor management relations law, including the representation of employers in connection with unfair labor practice and representation case proceedings before the National Labor Relations Board, labor and non-union arbitrations, collective bargaining and counseling.

Gretchen W. Ewalt serves as Of Counsel for the firm and is an advocate for employers. She counsels management on employee discipline and discharge decisions. She defends employers against allegations of race, age, gender, sexual harassment, national origin, and disability claims pending in state and federal courts. She also assists employers in preparing affirmative action plans and in complying with affirmative action regulations. Gretchen has successfully represented clients before various governmental agencies, such as the Equal Employment Opportunity Commission and the North Carolina and U.S. Departments of Labor, including the Office of Federal Contract Compliance Program.

C. Matthew Keen is Managing Shareholder of Ogletree Deakins and has practiced labor and employment law in the Raleigh office of Ogletree Deakins since 1987. His practice has included employment litigation in state and federal courts, representing clients before the National Labor Relations Board and advising clients on equal employment opportunity and wage and hour issues. He has successfully litigated cases to defense verdicts in employment discrimination cases. He has also litigated matters involving ERISA, non-competition and trade secrets, workplace injuries and other contract and tort claims. He has successfully represented clients in dozens of labor and employment arbitrations.

Robert A. Sar is Office Managing Shareholder of the firm’s Raleigh office. Bob assists employers in all areas of labor and employment law, including discrimination, harassment, retaliation, whistle-blowers, wage and hour, class and collective actions, non-competition and non-disclosure covenants, leaves of absence, employment agreements and policies, union labor matters, and workplace safety. He represents diverse industries including higher education, retail, financial, healthcare, pharmaceutical, professional services, hospitality, manufacturing, sales, software and technology. Bob has extensive experience litigating employment matters in state and federal courts.

Phillip J. Strach is a trial lawyer who regularly represents management in labor/employment law and related matters. A significant area of Phil’s representation of employers and management includes advising clients on covenants not to compete and litigating claims involving restrictive covenants, trade secrets, and other business-related litigation. Phil also regularly defends management and employers in employment discrimination cases and counsels management on how to prevent or reduce the risk of these lawsuits.

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Bass, Berry & Sims

At Bass, Berry & Sims, positive human relationships and interactions drive business success. Our Labor and Employment team works with public and private companies across a variety of industries, ranging from Fortune 500 companies to small locally owned businesses. As experienced litigators, the team defends employment cases and works with employers to avoid litigation on the frontend through day-to-day counseling and HR training. Our attorneys are regularly involved in matters involving discrimination, retaliation, wrongful discharge, non-competes, FMLA, wage and hour, defamation, employee misclassification and a myriad of other traditional labor issues.

Tim Garrett of Bass, Berry & Sims helps employers solve complex issues related to all aspects of labor and employment law, providing in depth counseling and developing creative solutions to underlying business issues. He is an experienced trial lawyer, defending employers of all sizes in employment litigation claims across the country. His work has ranged from defending a major university during a significant wage and hour collective action involving thousands of employees to the successful defense of a major healthcare provider in a gender discrimination/retaliation case. In addition, Tim has served as nationwide labor and employment counsel for the largest nonprofit dialysis company in the U.S. Tim has been recognized by Mid-South Super Lawyers for the past ten years, along with Best Lawyers in America® and Chambers USA for many consecutive years. This recognition paired with his experience has earned him a national reputation for counseling employers through the maze of complex employee issues.

Bob Horton, Chair of Bass, Berry & Sims’ Labor & Employment Practice Group, represents management in all areas of labor and employment law. Bob's practice consists primarily of counseling clients regarding employment issues and defending companies against all manner of employment claims throughout the U.S. Bob has substantial jury trial experience and has obtained defense verdicts in discrimination and retaliation lawsuits across the country. With a robust non-compete practice, Bob has assisted employers in drafting non-compete agreements on a state by state basis, enforcing non-compete agreements by way of obtaining injunctive relief, and defending the company and new employees against claims of breach of non-compete agreements with prior employers. Bob assists numerous public companies and executives in the negotiation of employment agreements, as well as executive departures and subsequent issues that arise from equity grants in various forms.

Register Today! Complimentary Webinar October 13, 2020 at 2 PM https://www.dbsquared.com/go/registration-for-september-17th-2020-webinar/

“Driving Optimal Results Through Individual/Team Performance-Based Incentive Compensation Plans” Learn how to drive financial results to the next level by providing at-risk incentive/bonus dollars to more employees through the development of individual/team performance-based incentive compensation plans. Bruce Johanson is a co-owner of the Johanson Group and DB Squared. Johanson Group has been providing HR/ Management Consulting since 1973 and DB Squared was established in 2005 to offer licensed compensation management and job description software programs. Bruce is a senior human resources executive with more than thirty years of human resources/compensation consulting experience working with public, private, government and non-profit organizations. He and his twin brother have specialized in compensation management over the past twenty years. Bruce has an MBA from the Sam M. Walton College of Business at the University of Arkansas and is a past instructor at Arkansas Tech University, University of Arkansas and Webster University. He taught business related courses at these institutions. Both he and his brother have presented at several local and regional SHRM conferences.

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FordHarrison

FordHarrison is a labor & employment firm with nearly 200 attorneys in 29 offices, including three affiliate firms. The firm has built a national legal practice as one of the nation's leading defense firms with an exclusive focus on labor law, employment law, litigation, business immigration, employee benefits and executive compensation. Through its global practice group and membership in the global employment law firm alliance, Ius Laboris, FordHarrison provides clients that have multinational operations with a broad range of services related to labor and employment law in over 50 countries throughout the world. FordHarrison is committed to our FH Promise, a set of principles that guides our firm in the delivery of legal services and client communications. For more information on FordHarrison, visit fordharrison.com. TENNESSEE

FLORIDA

Louis Britt, Regional Managing Partner of FordHarrison’s Memphis and Nashville offices, concentrates his practice on employment litigation and advice, representing private and public employers in a broad range of employment matters. He handles employment discrimination and harassment cases (Title VII, ADA, ADEA, and FMLA), wage/hour matters, enforcement and defense of restrictive covenants contained in employment agreements, and employment-related torts. He is experienced in complex and class action litigation and has tried cases in state and federal courts across the country. Louis has extensive experience in public sector representation in both litigation and collective bargaining. He received his JD from Tulane University Law School. He is also named 2021 Memphis Lawyer of the Year – Labor Law – Management by Best Lawyers in America.

Andrew Hament has worked in all areas of labor and employment law for almost forty years representing management. Andy’s experience in advising private and public sector employers is extensive, but especially in discipline and discharge, reductions-in– force, collective bargaining, union grievance/ arbitrations, discrimination issues, sexual harassment investigations, executive employment and severance agreements, trade secret and non-compete issues, drug abuse and drug testing, the Family and Medical Leave Act and violence in the workplace. Andy regularly represented employers in state and federal courts and in investigations and charges before the U.S. Equal Employment Opportunity Commission, the Florida Commission on Human Relations, the U.S. Department of Labor, the National Labor Relations Board and the Florida Public Employees Relations Commission. He earned his JD from University of Baltimore School of Law. He is also named 2021 Orlando Lawyer of the Year – Employment Law – Management by Best Lawyers in America.

GEORGIA

Patricia Griffith concentrates her practice on employment litigation, including individual and class action discrimination and harassment cases, employment contracts, wage/hour claims, and other employment-related actions. She tries cases in federal and state courts and before administrative agencies and arbitrators. She has substantial jury and class certification experience. She is adept at mediating disputes, reducing the likelihood of protracted litigation, and serves as an arbitrator for the State Bar of Georgia. Patricia earned her JD from the University of Georgia School of Law. She is also listed in The Best Lawyers in America. John Monroe has represented employers in the litigation and arbitration of virtually every type of claim that may arise out of the employment relationship. These claims include employment discrimination and harassment, breach of contract, unfair competition, misappropriation of trade secrets, claims arising under state and federal wage and hour laws and family medical leave laws, employment/ business torts, claims involving minority shareholder rights and business “divorces.” He is a member of the firm's Executive Committee and serves as the managing partner of the firm's Atlanta office. John earned his JD from the University of North Carolina School of Law. He is also listed in The Best Lawyers in America. Rick Warren handles all aspects of labor and employment law, including traditional labor law, employment litigation, wage and hour matters and workplace safety and serves as the co-chair of the firm’s Restaurant Practice Group. He litigates cases before federal and state courts and administrative agencies throughout the country. He defends both individual and class action cases and has substantial jury trial experience. Rick also handles numerous mediations and arbitrations. He devotes a significant part of his practice to preventive law and advising clients how to avoid/resolve labor and employment disputes and litigation. He earned his JD from the University of Georgia School of Law. He is a fellow of the College of Labor and Employment Lawyers and is also listed in The Best Lawyers in America.

Allen McKenna, FordHarrison’s Managing Partner, oversees the firm's strategy and operations for all of its offices. Al is a traditional labor lawyer with extensive experience advising clients on the legal issues related to union campaigns, collective bargaining, arbitrations, and hearings and trials before the National Labor Relations Board. Al is also an experienced trial lawyer, having tried employment related cases in state and federal courts. He represents a broad array of employers in a variety of industries all across America but focuses his practice on representing hospitals and long-term care facilities. He earned his JD from Ohio Northern University College of Law. He is also named 2021 Orlando Lawyer of the Year – Litigation – Labor and Employment by Best Lawyers in America. Aaron Zandy serves as the Office Managing Partner for FordHarrison's Orlando office and represents employers and management in all areas of traditional labor and employment law. Aaron is an experienced trial lawyer, having tried a variety of discrimination, harassment, and retaliation claims under federal and state law. He also has extensive traditional labor law experience, including collective bargaining, legal issues relating to union campaigns, and labor arbitrations. As a certified Senior Professional in Human Resources (SPHR), Aaron provides around-the-clock, proactive, and common-sense counseling and guidance to employers on every aspect of the employeremployee relationship. He earned his JD from Ohio Northern University College of Law.

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Evans Petree PC

The attorneys in the labor and employment group have extensive experience in representing clients in all types of employmentrelated disputes. We advise both organizations and individuals in understanding their rights under evolving federal, state, and local employment laws. Evans Petree PC was founded over 100 years ago and is a full-service law firm composed of 43 attorneys. The firm represents a diverse local, national and international clientele. We offer counsel in a wide variety of practice areas including corporate, private equity/transactional, real estate, banking, construction, litigation, employment law, private client, tax planning, wills and estates, health care, family law and employee benefits. Michael R. Marshall is the co-leader of the Labor and Employment Law Practice Group and uses his experience in other arenas to reach solutions and resolutions to his clients’ disputes. When no resolution is possible, Mike is a zealous advocate in the courtroom. He has extensive experience in litigating and resolving employment matters and other business-related disputes. He has received an AV rating from Martindale-Hubbell, was recently selected by his peers for inclusion in The Best Lawyers in America 2021 in the fields of Litigation-Labor and Employment and Employment Law-Management for the fourth year, and been selected to the Mid-South Super Lawyers list every year since 2015.

More than experience. More than advocacy.

MORE THAN L AW.

W. Kerby Bowling serves as co-leader of the Labor and Employment Law Practice Group. He worked at Kellogg as a unionized laborer before campaigning against organized labor. He assists clients in remaining non-union and avoiding employment litigation. Mr. Bowling is AV rated by MartindaleHubbell and has been selected for inclusion in The Best Lawyers in America 2021 for Administrative/ Regulatory Law and Labor Law-Management for the ninth year and as a Power Player in Employment Law from Inside Memphis Business for the sixth year. He is also on the Board of the National Foundation for Transplants. Charles W. ‘Chip’ Cavagnaro, Jr. represents management in state and federal courts in all aspects of labor and employment law, as well as before numerous government agencies. His clientele ranges from small companies to multinational corporations. By using his experience in the courtroom and before administrative agencies, he has been able to formulate policies and practices that address the challenges faced by employers through claims of discrimination or unfair treatment. He can effectively advise the firm’s clientele on reducing the risk of employment litigation. He was recently selected by his peers for inclusion in The Best Lawyers in America 2021 in the area of Labor and Employment Litigation for the sixth year. L. Clayton Culpepper III serves as counsel for a number of businesses and aggressively advocates for his clients. He has litigated cases from Tennessee to California, in federal and state courts, in front of both juries and judges. Clay represents and counsels clients in both business/commercial litigation as well as significant personal injury. He has been selected to the Mid-South Super Lawyers list since 2013 and has been selected by his peers for inclusion in The Best Lawyers in America since 2016. He is also a member of the 2012 Memphis Business Journal’s Top 40 Under 40 Class.

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E VA N S P E T R E E . C O M

Littler Mendelson, P.C.

With more than 1,500 labor and employment attorneys around the world, Littler provides workplace solutions that are local, everywhere. Our diverse team and proprietary technology foster a culture that celebrates original thinking, delivering groundbreaking innovation that prepares employers for what’s happening today, and what’s likely to happen tomorrow. Because at Littler, we’re fueled by ingenuity and inspired by you. TENNESSEE

Jonathan E. Kaplan is a shareholder in Littler’s Memphis office. He has devoted his entire career to representing management clients exclusively in all areas of labor relations, employment law, and human resources management. His practice spans litigation, training, and consulting, in which he has handled matters in more than 40 states and Canada. Jonathan practices extensively before the NLRB across the country, and also has been admitted specially to practice before the state courts in California, Florida, Illinois, Indiana, Kentucky, Michigan, New York, and Ohio. He also is a frequent speaker before management and legal groups and has published numerous articles on labor and employment issues.

C. Eric Stevens is a shareholder in Littler’s Nashville office. He has over 30 years of experience representing clients - focusing on healthcare and financial institutions - in labor relations and employment litigation. He represents both union and non-union employers, providing counseling to avoid litigation as well as defending clients in both court and administrative proceedings. Eric regularly speaks to industry groups and business roundtables on new developments in the law and issues that can directly affect their operations. He provides training on discrimination, harassment, wage and hour and related topics for private employers, public employers and governmental entities.

Paul E. Prather is a shareholder in Littler’s Memphis office. He represents management exclusively in all areas of employment and labor relations, including state and federal employment litigation and in administrative proceedings before the National Labor Relations Board, the Equal Employment Opportunity Commission and the United States Department of Labor. With more than 30 years of success in defense litigation, including jury trials, he is a frequent lecturer and author for management and legal groups on labor and employment law issues.

FLORIDA

Tanja L. Thompson is office managing shareholder in Littler’s Memphis office, co-chair of the firm’s Traditional Labor Practice Group and a member of the firm's Board of Directors. She dedicates her practice to representing companies in the area of traditional labor law. National Fortune 500 companies as well as local employers across various industries, such as manufacturing, healthcare, and services, seek her expertise in remaining union-free and in managing their unionrepresented workplaces. Her union-free efforts include campaigns, comprehensive union vulnerability assessments, human relations audits, communication strategies, and union avoidance and positive employee relations training.

Jennifer B. Robinson is office managing shareholder in Littler’s Nashville office and co-chair of the firm’s Hospitality Industry Group. She has been the lead defense attorney in nearly 40 wage and hour class and/or collective actions involving claims of misclassification, overtime and minimum wage violations, and missed meal and rest breaks. She also counsels, trains and conducts audits for clients to ensure compliance with federal and state wage and hour laws. In addition to her wage and hour practice, Jennifer defends employers in single and multi-plaintiff lawsuits involving claims of discrimination, harassment, failure to accommodate and breach of contract.

Patrick DeBlasio is a shareholder in the Miami office. He represents employers in all aspects of employment litigation, including claims arising under Title VII; the Age Discrimination in Employment Act; the Americans with Disabilities Act; and other employment laws. He also has significant experience defending employers in single plaintiff and collective actions under the Fair Labor Standards Act; conducting wage and hour audits; handling restrictive covenants; and repre-senting employers in proceedings before the Department of Labor and similar agencies, in state and federal court, and in arbitration. Additionally, Patrick provides general advice and counseling on employment matters and regularly speaks before industry groups and associations on employment-related topics.

KENTUCKY

LaToi Mayo is a shareholder in the Lexington Office. She has advised, counseled and defended employers in regard to labor, employment and immigration matters for the past 20 years. She has successfully litigated single plaintiff discrimination and wage and hour claims as well as class and collective actions in both state and federal court. LaToi has also successfully handled investigations and charges on employer’s behalf before administrative agencies like the Department of Labor, EEOC, and NLRB and similar state agencies. Working most frequently with manufacturers, health care facilities, and local city governments, LaToi has notable experience in enforcing and/ or advising clients on arbitration agreements, restrictive covenants and wage and hour compliance issues. LaToi routinely presents at seminars, focusing on labor, employment and immigration topics for a variety of professional organizations in Kentucky. She also provides training for managers, supervisors and general workforce and provides compliance counseling.

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Littler Mendelson, P.C. (continued) GEORGIA

ALABAMA

Leslie A. Dent is a shareholder in Littler’s Atlanta office. She is an experienced trial lawyer who has successfully tried cases ranging from individual discrimination matters to complex wage and hour class actions. She represents employers in class and collective actions involving off-the-clock claims, challenges to exempt status and other wage-related claims, as well as Rule 23 class actions alleging discrimination claims. Leslie counsels and represents employers on a broad range of employment law issues, including discrimination, harassment, retaliation, and leave laws. She has extensive experience conducting and supervising internal investigations and defending whistleblower and retaliation claims, including Dodd Frank and False Claims Act claims. L. Traywick Duffie is a shareholder in Littler’s Atlanta office. He represents corporate clients in a broad range of employment and labor law, including employment litigation, union organizing, wage and hour and Employee Retirement Income Security Act matters. He has successfully defended numerous class and collective matters and countered union organizing campaigns in more than 40 states. He has successfully defended single plaintiff, multiple plaintiff and class action litigation involving, race, age, sex, pregnancy, disability, retaliation, ERISA, whistleblowing, covenants not to compete and state law contract claims. Lisa "Lee" A. Schreter is a shareholder in Littler’s Atlanta office. She is co-chair of the Wage and Hour Practice Group and former chairperson of Littler's Board of Directors. She focuses on representing employers in complex class and collective actions involving overtime and other wage-related claims and specializes in helping employers to develop forward-thinking compliance measures that reduce wage and hour disputes and other employment-related issues. She also represents and counsels management clients in connection with all other types of labor and employment matters arising under federal and state laws such as the Fair Labor Standards Act, the Equal Pay Act, the Service Contract Act and state law wage and hour requirements. Daniel Turner is a shareholder in Littler’s Atlanta office. He counsels and represents employers in all aspects of litigation in employment law issues, including discrimination, harassment, retaliation, wage and hour, and leaves of absence. Serving as lead counsel in more than 50 class and collective actions throughout the country, he has litigated cases under the Title VII and Section 1981 of the Civil Rights Act, the Age Discrimination in Employment Act, the Fair Labor Standards Act and various wage and hour laws. Dan's extensive litigation practice also includes state law tort, contract, restrictive covenant claims, and various types of civil rights litigation.

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Office Managing Shareholder Jay D. St. Clair has represented clients in employment and labor law matters for more than 30 years, including discrimination, harassment and retaliation claims; labor management relations; wage and hour regulations; and occupational safety and health.

Charles A. Powell has represented employers throughout the Southeast against employment discrimination and harassment, non-competition and wage and hour litigation lawsuits for more than 23 years. He has a strong record of successfully defending employers against various employment and labor law claims.

Jennifer Fox Swain has represented management in employment matters for more than 25 years. Her practice includes litigation in state and federal courts, as well as before arbitrators, the Department of Labor, the Equal Employment Opportunity Commission (EEOC) and other state and federal agencies. Jennifer also has experience handling class and systemic cases brought by the EEOC. Additionally, Jennifer regularly advises employers on issues relating to compliance with various employment discrimination statutes, rules and regulations and counsels employers on day-to-day personnel issues. She also assists employers with the development, drafting, implementation and enforcement of workplace policies and procedures. Janell Ahnert's practice encompasses all facets of employment law, specifically in representation of management in both employment counseling and employment litigation. Janell handles a variety of employment law matters in state and federal courts and has broad experience defending employers accused of harassment and discrimination in federal court. She has litigation and counseling experience in numerous areas of employment law, including issues involving wage and hour claims, harassment, discrimination, and whistleblowing. ARKANSAS

Eva C. Madison is a shareholder in Littler’s Fayetteville office. She represents and advises employers of all sizes in all aspects of employment law, primarily focusing on employment litigation, ranging from single-plaintiff cases to multiple-plaintiff, class, and collective action cases. Practicing in state and federal courts and before the U.S. Equal Employment Opportunity Commission, the U.S. Department of Labor, and the Arkansas Department of Labor, she has handled matters involving race, gender, national origin, religion, disability, and age discrimination and harassment under Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Arkansas Civil Rights Act, the Family and Medical Leave Act, the Fair Labor Standards Act, and the Arkansas Minimum Wage Act.

New SHRM Survey Affirms Employees Leave Managers, Not Companies

A new SHRM (Society for Human Resource Management) survey affirms the workplace adage that employees leave managers, not companies, as 84 percent of U.S. workers say poorly trained managers create a lot of unnecessary work and stress. The survey of U.S. workers examined their perspective on how ill—or well-equipped—their supervisor(s) were to manage people, the most important skills managers should develop, and how a better manager could improve their own performance as an individual contributor.

Key Findings: ♦ 84 percent of American workers say poorly trained people managers create a lot of unnecessary work and stress; ♦ 57 percent of American workers say managers in their workplace could benefit from training on how to be a better people manager; ♦ Half (50 percent) feel their own performance would improve if their direct supervisor received additional training in people management; ♦ The top five skills people managers could improve, according to American workers, were: Communicating effectively (41 percent), developing and training the team (38 percent), managing time and delegating (37 percent), cultivating a positive and inclusive team culture (35 percent), and managing team performance (35 percent).

"There is no relationship in the workplace more powerful than the one between people managers and employees," said SHRM President and CEO Johnny C. Taylor, Jr., SHRM-SCP. "As working Americans challenge organizations to manage and lead differently, those that don't will find themselves left behind. SHRM's PMQ provides people managers with the training and skills they need to build highperforming teams. By skilling up managers, HR can spend more time strategizing, cultivating culture, and delivering bottom line results." The survey reinforces existing SHRM research; notably, its report from Q3 of 2019, The High Cost of a Toxic Workplace Culture, (https://www. shrm.org/resourcesandtools/hr-topics/employee-relations/pages/toxic-workplace-culture-report.aspx?_ga=2.69495768.990523053.1597083312230458979.1597083312&_gac=1.250042740.1594404459.Cj0KCQjwo6D4BRDgARIsAA6uN1-fOEmvxPtUxfoNItrGCytLBlKT1mfjpuymQtmwTNx7aRvMpA-TUeoaAtQCEALw_wcB) which found 1 in 4 American workers dread going to work, and estimated U.S. companies had lost $223 billion due to culture-caused turnover. The release of the new findings coincide with the launch of SHRM's People Manager Qualification (PMQ), (shrm.org/pmqhrpro) a new, interactive and evidence-based virtual learning program designed to help managers build the skills most needed to lead. The PMQ offers easy to consume and interactive videos, allowing managers to role-play challenging scenarios and understand the full impact of their decisions. The complete learning experience is self-paced and takes approximately 10 and 13 hours to complete, concluding with a final behavioral assessment.

See the ad on Page 8 of this issue for more information about SHRM’s new PMQ virtual training for people managers.

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Combating Retirement Challenges for Women By KATIE PFEIFER

Days spent traveling, time to enjoy our favorite hobbies, or just living a peaceful life – these are just some of the things many of us think of when we dream about retirement. But for half of the population, those dreams may be a bit further out of reach. Women’s earnings and economic contributions to their families are of growing importance, however there are still several more challenges women face in meeting their financial retirement needs as compared to their male counterparts – but why?

LIFE EXPECTANCY As we learned over the years, women tend to have longer life expectancies than men. In fact, the average life expectancy for an American woman is around 81 years old, compared to about 76 years old for men. But why is this fact important when it comes to finances? Living longer simply means more expenses. For those 5 extra years, women are exposed to financial risks such as inflation, outliving assets, or unexpected health costs.

PAY GAP DURING WORKING YEARS According to the Pew Research Center, in 2018, women earned 85% of what men earned in an analysis of median hourly earnings for both full – and part-time American workers. This estimated that a female would need to work 39 extra days to earn what a man did in 2018. Calculate that over a 35-year career and you’re looking at nearly 4 additional years women would need to work to earn the same as men! Add this to the trend that women are taking over the traditional “breadwinner” role for their families. This means that not only are those women making less than men, but their salaries are having to stretch further to provide for their families.

CAREGIVING A recent report from the Government Accountability Office (GAO) found that family caregivers are often placed in circumstances that endanger their financial future and retirement plans. This report also found these caregiving responsibilities were more commonly placed on females. Specifically, for working caregivers, caring for elderly parents, a spouse or a loved one more often than not impacted their jobs. Having to reduce work hours to care for their family members could lead to income volatility or interruptions to paying jobs. 42

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TAKE ACTION Without adequate planning, the risk of outliving your retirement funds could be a very real possibility. The good news is that having a plan in place is one of the easiest ways women can prepare for their nonworking years.

1. Get Involved Early One of the most crucial components to planning for your financial future is to become more involved in the conversation, and to not be afraid to ask questions or speak up. Many women downplay their role in the financial arena but having a more hands-on approach can ensure that you are in the loop on your personal financial situation.

Katie Pfeifer, CFP®

2. Set Goals Ask yourself “how do I want to live in retirement?” Do you want to spend your days doing your favorite hobby, or do you want to volunteer at your local non-profit, or pick up a part-time job? Do you want to travel the world, or do you want to stay closer to home? Do you want to help your kids, or grandkids with their education expenses? Answering these and many other questions will help you have a better picture for what you need to prepare for.

3. Talk With A Professional It goes without saying that everyone’s financial situation is different. Getting the opinion of an unbiased fiduciary financial professional can unveil some key matters that pertain to your specific needs. They can help guide you to additional strategies, resources, and options that you may have not been aware of.

Director, Corporate Relations Senior Financial Advisor KatiePfeifer@argi.net

Sources: https://www.simplyinsurance. com/average-us-life-expectancystatistics/#:~:text=expectancy%20of%2080.5.,What%20Is%20The%20Life%20Expectancy%20 Of%20An%20American%20Male%20Or,US%20female%20(at%20birth). https://www.pewresearch.org/ fact-tank/2019/03/22/gender-pay-gap-facts/ https://www.gao.gov/assets/700/698869.pdf

The Future is Female. By 2030, women will control 2/3 of private wealth*. We can help you find financial clarity.

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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. Trust services provided by ARGI Trust, a division of Advocacy Trust LLC. * Family Wealth Advisors Council www.HRProfessionalsMagazine.com

5 Simple Ways to Boost Your

Emotional Intelligence By HARVEY DEUTSCHENDORF

Emotional intelligence has been around for some time now. It is widely known and used, particularly in corporations and the business community. Even though we know the concept of Emotional Intelligence (EI) is more widely accepted and the benefits recognized, misconceptions about how to develop it are common. Much of what has been written makes it appear that increasing our EI requires a large amount of ongoing effort and a lifetime commitment. Having a lot on their plate and multiple demands, some people may find the idea overwhelming. While any type of change can involve commitment and effort over a long period of time, there are simple things we can do that will give us immediate results. These are easy things we can incorporate into our daily routine. After seeing the results and benefits of doing a few basic concepts differently, we may want to go deeper into developing our emotional intelligence.

Here are 5 simple ways we can boost our emotional intelligence every day. Become more aware of our feelings. For many people feelings are something in the background that we pay little attention to. Check your feelings a few times a day and pay attention to them. It feels like you are outside of yourself as an observer, looking at yourself. This increases awareness of your feelings and gives you more control. Since emotional intelligence is about managing our feelings, becoming more aware of them is a crucial first step. In my book, The Other Kind of Smart, www.theotherkindofsmart.com, I suggest looking for an opportunity each day to share at least one positive emotion. Share with someone something they did or said that lifted you up.

and will avoid them in the future. When talking to someone, ask yourself if the topic you are excited about would be of any interest to them. Better yet, ask them about themselves. Most people love to talk about themselves. Try to remember things about people that are important to them and bring it up next time you see them. Doing this will create the feeling they are important to you, which will forge deeper connections. Give yourselves a brief time out when experiencing strong negative emotions. We all feel powerful emotions at some point. Experiencing the exhilaration of your team scoring an important goal and celebrating by shouting and throwing up your arms is a healthy way to express an emotion. However, when we experience extreme anger and rage, expressing it immediately can get us into trouble. Road rage is an example of anger running amuck. These powerful emotions will subside quickly if we don’t act on them and allow ourselves a few seconds to calm down. For me, counting to 10 works. For some people, it is humming a song they have in their head. Find something that works for you and practice when you feel your anger rising up. It can save you from doing or saying something you may regret. In the evening go over your day. Before you go to sleep briefly look over your interactions that day. What went well and what could have gone better. If you tried something different and it worked better, enjoy the feeling of knowing that you are in charge of your feelings and actions. If something didn’t go well, think of how you might have handled it differently. Resolve to try something else next time. If this list seems like it’s too much, pick one thing and work on it. Remember that any progress is a win and will keep you moving in the right direction.

Become a better listener. Emotional intelligence is about building stronger connections with others. We can do this by becoming better listeners. Most people are too busy thinking of a response to really listen. Instead of thinking of a response, force yourself to focus on what others are saying. Repeat back in your own words and ask questions. People are so used to not being heard that you will gain a level of respect in their eyes, even if you don’t agree with them. At some level they will like the feeling of being heard and your significance to them will increase. Avoid monologues and work on conversations. We all know someone who goes on talking to us about something solely of interest to them. They seem to be totally oblivious to the fact that we may not be interested in what they are rambling on about. We are likely trying to get away from them as soon as possible 44

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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.

Visit tnshrm.org for more information/registration The 2020 TN SHRM Conference & Expo will be hosted VIRTUALLY. What’s in it for you? 40 Credits with extended learning opportunities for the full conference experience! Take advantage of these robust VIRTUAL conference features: Live Key Speakers Innovative Live Learning Sessions Virtual Exhibit Hall Pre-Conference Diversity and Inclusion Event Young Professional and Student HR Summit Bonus Post-Conference Legal Sessions Recordings of the live sessions will be available for up to 30 days after the conference for your learning review and for earning SHRM/HRCI credits.

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