Contents
January/February 2015 1 A Note From the Editor
8 Is a Safety Group Right for You?
Workplace Investigations
2 Conflict, Vulnerability, Position - Understanding the Complexity Teams in Pain
3 Member Profile: J.G. Management Systems, Inc On-Sites
4 Public Employers Conference 2015
Colorado Culture of Health Conference
10 Resolve to Learn MSEC 2015 Training Catalog 12 Challenges for Employere Seeking New H-1B Visas 13 Save the Date for MSEC’s 26th Annual Employment Law Update 14 Staff Spotlight: Tina Harkness
Employment Law Posters
5 Is Your Compensation Strategy Working for Your Business? 15 Workplace Investigations Case Law Review 6 2015 Certification Information HRCI Study Courses 16 2015 Brings Exciting Changes to MSEC Surveys! 7 The Power of HR Audits
HR in a Flash
MSEC
TAKING CARE OF BUSINESS More than 3,000 organizations in 77 industries, representing nearly a million employees have chosen MSEC as their trusted business partner. We take that partnership seriously and are committed to making employers successful. In 2015 we are focused on helping you take care of business, by providing the expertise and tools you need to address your employment law and human resources challenges.
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A Note From the Editor
Lorrie Ray
Membership Development
It’s 2015 and time to start on all those New Year’s workplace resolutions. How are you going to work with employees to make it a wonderfully productive year? Generally, there are core areas where continued focus results in success: • Clear pay and benefits philosophy • Processes that propel efficiency • Managers who work with employees to drive results • Strong compliance guidelines to avoid unnecessary distractions Your MSEC membership is perfectly designed to help you in all of these areas. Our HR consultants provide advice and direction about pay and benefits, so that you can implement your compensation and benefits plan with ease. Our compensation and benefit surveys let you know what your competitors are offering, so you can remain competitive. Some are forecasting labor shortages in some industries, so this may become a very important tool for those employers. Do you have good processes and procedures in your HR department? Be sure to use our forms and guides if this is an area of improvement for you. We can also walk you through the outline of a strong HR department. Some of our members contract with us for an audit of their processes, so that they can follow all the best practices. Are your managers in need of training or coaching to help improve their relationships with their employees, so that they can accomplish more? We have trained and coached thousands of managers, and are happy to help. We also have attorneys on staff that can explain and unravel the increasingly complex employment laws passed each year. In 2015, resolve to partner with MSEC to drive positive business results for your organization!
Finding the truth in a workplace allegation can be like finding a polar bear in a blizzard. Let MSEC do it for you. We will conduct a thorough investigation and provide the findings in a comprehensive investigation report that becomes your legally defensible basis for informed decision making. MSEC investigators, are experienced employment law attorneys, and practiced interviewers. Call 800.884.1328 for more information.
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Conflict, Vulnerability, Position - Understanding the Complexity Megara Kastner, Ph.D., Organizational Development and Learning Consultant
Conflict is a natural and normal part of any team. That statement probably sounds trite, but think about it this way: Conflict is the start for something to be discovered. The discovery is what you can’t really see. It means becoming a bit of an explorer to sleuth out and find what is hidden. This is the best way to manage and resolve conflict. When people are in conflict, they are protecting their vulnerability. It is human nature to guard ourselves and feel in control by taking a stand that appears powerful when we feel vulnerable. This resolute position is only the tip of the iceberg. The position we see, the 10 percent above the water, is how to remain feeling safe. There is much more below the surface. This is when your explorer persona needs to step up. Below is where a person’s feelings, emotions, beliefs, values, and past experiences reside. All the complexity of their life sits just under the surface. To express these parts can be extremely scary for most people, so instead they take their position. What do you do when someone is so staunch in his or her position it heightens the conflict? In three words: Stay curious. Listen Think about how you can, with compassion and caring, delve below the surface. Ask questions such as “I’m wondering how you came to that conclusion?”, “It sounds like this has happened to you before, what was that experience like for you?”, or “It seems that integrity is very important to you, how would you describe integrity?” These questions show that you want to understand what is beneath the person’s position. Most people are willing to answer questions that are genuine. When your intention is understanding, your voice, tone, and curiosity will convey an authenticity that draws the other person into the conversation. Once a person is able to give voice to feelings, beliefs, values, and past experiences, their guard drops, their position softens, the conflict begins to resolve, and the iceberg begins to melt.
Do You Have a Team in Pain? Many organizations and teams go through painful cycles. How do you heal a “team in pain?” Our Organizational Development and Learning Department has facilitators available to help remove the bandage and expose the wound so that problems are addressed and the organization moves forward. Call 800.884.1328 for more information.
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Member Profile Colorado, J.G. Management Systems, Inc. Founded in 2001 in Grand Junction, Colorado, J.G. Management Systems, Inc. (JGMS), an employeeowned company, is a technical and professional services firm serving government and private sector clients nationwide. JGMS is focused on effectively and efficiently meeting all budgetary and scheduling requirements using the appropriate tools to plan and prepare for their clients’ future missions while continuing to successfully execute their current missions. They define problems through analysis, develop solutions with engineering methodologies and designs, implement solutions with program and project management, and oversee the final product with operations or construction management. JGMS is an organization built on people and the four principles of Stewardship, Leadership, Integrity, and Commitment. These principles are JGMS’ Cardinal Points and are what guide the culture, people, and company. In October 2014, JGMS was the recipient of the prestigious Employer Support of the Guard and Reserve (ESGR) Freedom Award. This award is the highest recognition given by the U.S. government to employers who have demonstrated exceptional support of their Guard and Reserve members of the Armed Forces and is presented by the Secretary of Defense. JGMS believes in recruiting veterans as much as possible and they strive to take care of family members of active military members. Their goal is to raise awareness of the skills that veterans, Guard, and Reserve members have and help them find careers.
way to live out the quality of servant leadership is through consistent and dedicated focus towards positive community contribution, something which distinguishes JGMS from many other businesses. Thank you JGMS for being a member of MSEC since 2001!
Train Your Sights on an On-Site! Optimize your training dollars with MSEC’s custom on-site classes. Key Benefits It is effective and efficient.
JGMS employees take great pride in giving back to the community. Each year, JGMS donates five percent of corporate profits to charitable/non-profit organizations. JGMS founder Jerome Gonzales is a strong believer in servant leadership and allows all employees within JGMS paid time-off to contribute to a charity of their choice. JGMS feels that one
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It is customized. It is economical. For more information call 800.884.1328
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Public Employers Conference 2015 Mark Cicotello, MBA, SPHR, GPHR, Human Resource Services Consultant
The 2015 Public Employers Conference for governmental and municipal employees will be held on March 13 at Sports Authority Field. I hope that the conference will follow a Bronco’s victory in the Super Bowl!
You can register for the conference by going online to www.MSEC.org, calling 800.884.1328, or emailing registration@msec.org. We look forward to seeing you at our conference! Go Broncos!
Beyond the great venue, the 2015 conference features a local football legend, Ed McCaffrey as the keynote speaker. Ed has thrilled us with his athletic ability, his game time analysis of Broncos and his sons may someday do the same. With easy access a free parking, the stadium is a perfect setting for Ed’s message and a great opportunity to see the field in a new way. In addition to the keynote address, we will be tackling other issues in three general sessions. The first general session will be the kickoff address. The focus of the address will be on leadership, the right use of power, navigating the dilemmas of collaboration, and teamwork as a leader. Our legal update will follow this session, and will cover what has changed in the legal arena for public employers. In the third general session, we will explore current technology trends in HR technology, including best practices and potential legal issues.
Keynote Speaker
“Build Your Championship Team”
We will also offer three breakout sessions: • The performance management session will address the ongoing process of performance management, integrating a practical approach with a discussion of legal pitfalls.
March 13, 2015
Sports Authority Field at Mile High Stadium
• Conflict is an inevitable part of all relationships, and the conflict management session will provide you with the best ways to manage for practical and legal considerations in your organization.
In addition to the keynote address “Build Your Championship Team”, we will be tackling other issues in three general sessions. And will also offer three different afternoon breakout sessions. Watch for details!
• When a team member is ill or injured, a myriad of laws and complications can play a role in the moves you make. The session on managing the ill or injured worker will provide guidance on the next steps to take when someone is on “injured reserve” (FMLA, ADA, or workers’ compensation).
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Register Today! 800.884.1328
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Is Your Compensation Strategy Working for Your Business? James McDonough, HR Research Specialist
Most organizations design compensation plans to reward people because they add value and they want them to stick around. Compensation is a tool to attract, engage, and retain talented people. Effective strategies break down the silos between compensation and other related key factors affecting employee retention. Whether your organization handles compensation “on the fly” throughout the year, or spends months designing a plan, follow these key principles to get the results you seek. • Pay fairness and equity: Extreme gaps between the highest and lowest paid employees hurts morale and increases turnover. • Pay procedures: Secretive processes lead to mistrust, undermining employee engagement and retention. Transparency enhances accountability and trust. • Type of compensation: Higher levels of health/retirement benefits offset lower salaries. • Vesting: When crafted carefully, and properly communicated, long-term vesting in various benefits (bonuses, retirement, ownership, etc.) boosts retention. Attracting and retaining top talent is a key concern for most MSEC members. This is closely linked to compensation, but successful efforts to reduce turnover go far beyond that single component. Surveys show employees start disconnecting from their employers far earlier than when they begin actively look for new jobs. Their decisions to leave may be for reasons other than compensation, like poor relationships with their supervisor, lack of career growth, and overall workplace culture. Research shows that compensation (pay and benefits) is not enough to engage and retain your top performers, you must also have: • Supervisors: The relationship between employees and their immediate supervisors is perhaps the most important workplace relationship. Employees disengage quickly if they do not feel respected, supported, and valued by their supervisors. • Relationships with Other Employees: Employees who are connected socially with their co-workers are less likely to depart. What does your organization do to promote such positive relationships? • Career Growth and Professional Development Opportunities: Employees who see future growth opportunities and support to guide them to these are more likely to stay. Even if their compensation is less than what they want. For help with compensation practices, contact MSEC at 800.884.1328 or email compensation@msec.org. _____________________________________________________ PayScale 2014 Compensation Best Practices Report • 79% of respondents agree pay is often not the primary reason people first start looking for a new job • 50%+ of companies of all sizes list employee retention as a top concern
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2015 Certification Information Tammeron Trujillo, M.Ed, SPHR, GPHR, Human Resource Services Director
The Society for Human Resource Management (SHRM) has announced the 2015 application deadlines and exam windows for the first year of its new certifications the SHRM-Certified Professional (SHRM-CP) and SHRM-Senior Certified Professional (SHRM-SCP). Like the Human Resource Certification Institute (HRCI), SHRM will offer spring and fall testing windows. Applications for the spring testing window will be accepted from January 5 to March 13, 2015, and April 17, 2015, is the late application deadline. Successful applicants will be able to take the exam between May 1 and July 15, 2015. The exam fees are $300 for SHRM members and $400 for non-members. The test can be taken at one of four Prometric locations in Colorado, one in western Nebraska, and six in Arizona. Prometric is the same independent test-delivery organization that administers the HRCI suite of exams the PHR, SPHR, GPHR, and California PHR and SPHR. SHRM’s Learning System, which is developed by third party Holmes Corporation, is now available for preorder on the SHRM website. HRCI’s application deadlines for the 2015 spring testing window are currently the same as SHRM’s and the testing window is May 1 to July 31, 2015, for the PHR and SPHR, and May 1 to June 30, 2015, for the GPHR and California exams. The cost to sit for these exams is $400 for the PHR, $525 for the SPHR, and $325 for the GPHR and California PHR and SPHR. There are association member discounts of $50. HRCI lists several resources to help prepare to take their exams at http://www.hrci.org/exam-preparation/preparationresources-for-candidates-and-instructors. The information in this article was current at the time it was written, but SHRM and HRCI may change, fees, deadlines, and exam times at their discretion.
HR CERTIFICATION STUDY PROGRAM RESOURCES! HRCI Study Courses Denver
Afternoon Program 10-Week Feb 11 - April 15 Evening Program 10-Week Feb 11 - April 15
Denver
Colorado Springs
Boot Camp April 20-24
Boot Camp April 20-24
Scottsdale
Evening Program Feb 18-April 22
We are designing some exciting study programs for the SHRM certification. Watch for more information!
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The Power of HR Audits Bryan Spencer, Outsourced Consulting Services Coordinator
Continuous improvement is likely an idea at the top of many lists in the first quarter, and your human resource function should not be an exception. A systematic review the current state of HR practices can help you to know what you don’t know, and provide reasonable assurance your people, policies, and programs get the attention needed to thrive. Conduct periodic HR audits to: • Highlight specific opportunities by identifying HR strengths and weaknesses • Clarify correct practices for areas you have questions and concerns about • Prioritize areas of concern with solid rationale • Provide clear indication of conformance to current employment-related legal requirements • Minimize risks of employment-related legal claims • Facilitate organizational learning and overall quality improvement A proactive audit of current performance will determine gaps in the quality of HR services, and lead to operating benefits within and beyond HR. MSEC is pleased to introduce two new HR audit services to our full range of HR reviews. The Half-Day HR Evaluation allows you choose your top three areas of HR compliance and administration concern; we return observations, recommendations, and rationale for how to improve. The HR in a Flash, a do-it-yourself audit, offers the flexibility of a guided internal audit using MSEC online materials, plus a few hours with an HR professional staffing consultant to learn about the audit topics while learning what requires attention. These new services supplement four longstanding HR audit services meant to discover deficiencies, or discern efficiencies: I-9 Audit, Comprehensive HR Audit, Desk Audit, and HR Assessments. Call 800.884.1328 or email hrmanager@msec.org to inquire about which option might be the best fit for your organizational objectives.
HR in a Flash
is a comprehensive, do-it-yourself audit of your organization’s HR functions. Delivered to you on a flash drive, HR in a Flash also includes eight hours of consultation with an MSEC HR professional. For more information and pricing call 800.884.1328.
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Is a Safety Group Right for You? Jennifer Vold, ESQ., SPHR, Risk Management Attorney
MSEC offers qualifying members a unique opportunity to participate in a safety group that offers a discount on workers’ compensation insurance premiums, the potential for dividend returns, and expanded resource capabilities. MSEC’s safety group, called the Workers’ Compensation Dividend Program (WCDP), also offers participants training to provide a superior, behavioral-based safety culture and worksite safety program. MSEC, in collaboration with USI Colorado LLC and Pinnacol Assurance, collectively offer a suite of services tailored to assist participants to achieve their established program goals and maximize dividend return potential. Resources include, but are not limited to, enhanced loss-control and safety training, aggressive claims management, risk analysis, legal services, process/procedure development and implementation, cost-containment guidance, OSHA advocacy, return-to-work assistance, online tools, and safety committee workshops. The WCDP includes the benefit of direct and regular access to MSEC’s dedicated risk management training staff, as well as MSEC’s experienced attorneys and human resources professionals to address challenging workers’ compensation issues. Support provided during quarterly safety group training sessions is unlimited and not accounted for when tracking member hour usage. Premium Discount - Participating members receive a group premium credit on their workers’ compensation premium. This additional, upfront premium reduction is unique to safety groups and for many members, completely offsets their annual MSEC membership dues. There is no risk or potential for increased premiums by participating in the WCDP. As is customary of other loss-sensitive programs, premiums in our safety group will never be more than what they would be as a non-participant through Pinnacol. Dividends - Participating members are automatically enrolled in the group dividend program at no additional cost. Dividend programs offered by Pinnacol outside of our safety group structure require an additional 5 percent dividend plan premium surcharge. Pinnacol waives this surcharge for members of the WCDP, affording our safety group participants additional savings, on top of the upfront premium credit. Dividends are calculated based on the group’s overall loss-to-premium ratio, and distributed to participants who maintain acceptable individual loss-to-premium ratios. An individual dividend program option is available for members whose individual premium is in excess of $30,000, however, the dividend plan surcharge would be assessed. The individual dividend program calculates dividends based solely on that specific member’s loss-to-premium ratio. Participating in either the group or individual dividend program does not preclude members from also obtaining general dividends, if declared by Pinnacol and would be in addition to program dividends as described above. Expanded Resource Capabilities - Enhanced and more accessible safety and risk management services collectively provided by USI Colorado LLC, Pinnacol, and MSEC. Examples include, but are not limited to, aggressive claims management advocacy, proactive loss prevention and post-accident loss control support, risk analysis reviews, legal support, legislative updates, broad variety of training opportunities, process/procedure best practices, cost containment certification guidance, compliance support, etc. Interested employers must meet certain criteria to be eligible to participate in MSEC’s safety group. Participants must be active members of MSEC. Members must meet specific loss eligibility criteria and guidelines
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to be considered for and to remain eligible for the WCDP. Each participant must also attend at least two quarterly safety training meetings (only one representative from each member company is required to attend), implement a return-to-work program, and designate/utilize Pinnacol’s SelectNet network providers. Participants must also use USI Colorado LLC as their insurance broker for workers’ compensation insurance and Pinnacol Assurance as their workers’ compensation insurer. USI Colorado LLC (formerly Van Gilder Insurance) is the exclusive insurance partner for the WCDP program. Contact Patrick Lewis at 303.831.5184 or Jennifer Vold at 800.884.1328 or email wcdp@msec.org for more information.
8th Annual Colorado Culture of Health Conference The Evolution of Whole Health
April 9, 2015 | Sheraton Downtown Denver
The Colorado Culture of Health is the premier conference for employers and health professionals to learn about evidence-based wellness programs and how to shift their worksite culture to promote employee health and wellbeing. This year we have three well known keynote speakers and we will offer 19 diverse breakout sessions addressing a variety of healthcare issues. For a sneak preview go to msecmatters.msec.org
Members of MSEC or CBGH
Non-Members
$149 per person or $139 per person for 3 or more attendees from one company
$169 per person or $159 per person for 3 or more attendees from one company
Please register by email at registration@msec.org, or call 303.894.6732
www.coloradocultureofhealth.org
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Resolve to Learn James McDonough, HR Research Consultant
What are your 2015 resolutions? To keep your brain healthy, I encourage you to add “Effortful Learning” to your list! Recent neuroscience research indicates human brains can produce and retain new neurons far longer than once thought—essentially throughout a person’s life. Neurons facilitate overall brain function, so keeping them alive and flourishing is crucial to overall health and enjoyment of life. But doing so takes effort including healthy diet, exercise and what Neuroscientist Dr. Tracey Shors calls “Effortful Learning”—challenging, tested, and sustained (over time, not just a single event). Examples include learning new computer software, a foreign language, or a complex-arts skill like knitting. Other studies suggest such learning may defend against dementia and memory loss. Additional articles reviewed indicate lifelong learning empowers and enhances overall well-being. In a world that often seems out of control these are powerful antidotes to environmental stresses that negatively affect wellness! Professionally, it has never been more important to take personable responsibility to learn and develop new skills. Surveys show employers demand top-notch skills of job applicants and would rather leave a position vacant than hire and train someone. Applicants with outdated skills are not competitive, so professional development is a perpetual, ongoing necessity to survive in this uber competitive global economy! Opportunities exist for those who rise to this challenge. Identify the skills you need to remain current and competitive by surveying your chosen field and networking with other professionals. With solid information, map out a plan to continually learn new skills and stay on top. Organizations also benefit from a commitment to meaningful learning. An organization’s collective “brain trust” needs to be challenged, poked, and prodded to expand beyond its comfort zone. Organizations can grow complacent and unable to accurately gauge and manage their competitive circumstances. Leadership must commit to continuous, impactful learning; talent must be supported and expected to push boundaries and innovate. Not doing so invites competitors to swoop in and steal customers and top performers. Complacency encourages skills decay as the most talented members of the brain trust (think of them as individual neurons) leave in search of other opportunities. MSEC offers a variety of learning resources to support professional and organizational goals. The 2015 training schedule is chock full of learning options: classes, certificate programs, the vigorous Executive Leadership Program, custom Leadership Academies, and training for nationally-recognized credentials (PHR/SPHR, etc.). All provide new skills to boost careers and enhance operational excellence.
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Include the MSEC Library in this rich portfolio of learning resources with materials covering essential business skills such as: Communication • How To Deliver a Great TED Talk • Crucial Conversations Leadership • The Next IQ: The Next Level of Intelligence for 21st Century Leaders • Leaders Eat Last • The Athena Doctrine Organizational Excellence • Deep Dive • Good To Great • Great by Choice Journals providing consistently excellent articles: • Harvard Business Journal • Organizational Dynamics • Performance Improvement To access MSEC Library materials, call 800.884.1328 x5330 or email jmcdonough@msec.org. __________________________________________________________ Shors, T. J. (2014). The adult brain makes new neurons, and effortful learning keeps them alive. Current Directions in Psychological Science, 23, 311-318.
Check Out Our 2015 Training
Catalog to See What We Can Teach You!
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Challenges for Employers Seeking New H-1B Visas Christina Bauer, Specialized Legal Services Manager
Employers needing new H-1B visas to attain or maintain work authorization for foreign national employees in 2015 will find plenty of challenge. These situations may involve a highly qualified foreign candidate who is not eligible for transfer and must wait abroad until the H-1B is effective. However, often the situation involves an employee recently graduated from a U.S. university who started work using a short-term Employment Authorization Document (EAD). The annual H-1B quota is inadequate to satisfy the growing demand of U.S. companies. Current law reserves 20,000 slots for graduates with a U.S. master’s degree and all other candidates share 65,000 slots. Over 172,500 petitions were filed in April 2014, when about 75 percent of the master’s cap candidates and fewer than 50 percent of the regular cap candidates received new H-1Bs. Unsuccessful candidates must find other ways to work legally or leave. Both houses of Congress passed bills in 2013 addressing the issue but these died without enactment. President Obama was unable to raise the statutory quota alone, but his recent proposal to expand Optional Practical Training (OPT) will help if it is in place by then. Employers in this situation need to act. Some suggestions: • Determine EAD expirations for all OPT employees. If the EAD expires in 2015, your employee MUST be sponsored for H-1B in 2015 and will likely be eligible for an automatic “cap-gap” extension if necessary. • Determine eligibility for a 17-month STEM extension. To be eligible, the employee must have a STEMfield degree AND your company must use E-Verify for new hires. • Watch for details about STEM program expansion. The proposals to expand the list of STEM fields and increase duration of the program, which would relieve pressure from H-1B cap limits. • Employers in higher education, some affiliated nonprofits, and nonprofit research organizations may be exempt from the H-1B cap and are not subject to filing cycle constraints. • To maximize the probability of filing success, initiate an H-1B petition for your employee this year even if facts would allow waiting. Remember, the April 1 to April 7 filing window is small and the process is complex, so most attorneys begin work by February to ensure timely filing. MSEC employs two immigration attorneys, Chris Bauer and Sherry Lin, who are happy to answer your questions or file the H-1B petition for you. Be sure to give us a call!
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Save the Date for MSEC’s 26th Annual Employment Law Update Mark Parcheta, Esq., SPHR, Manager of Employment Law Training
With the hectic holiday season behind us, it’s time to focus on those New Year’s resolutions. Here’s an easy one to check off the list, mark your calendar to attend this year’s Annual Employment Law Update. As the New Year begins, MSEC’s staff turns their collective attention to the 2015 conference season. For the Employment Law Services Department that means one thing: the Employment Law Update! It is hard to believe that the Employment Law Update (ELU) will be presented for the twenty-sixth time! As a presenter at the first ELU, I have seen it develop into the region’s premier employment law conference for human resource professionals. The tremendous success of the program, over 1,300 participants in 2014, is due to the support we receive from you, our members. Each year we review the latest state and federal employment law developments and digest them into practical, useful advice for human resource professionals, and we try to present it in an informative and entertaining manner. We spot the developing trends to put you ahead of the game. For example, last year I spoke about the expanding zone of workplace accommodation for pregnancy-related impairments. Since then, the U.S. Supreme Court has accepted a pregnancy discrimination case for review and the Equal Employment Opportunity Commission has issued guidance on pregnancy discrimination. Please put one more resolution on your list for 2015: to attend MSEC’s 26th Annual Employment Law Update. The dates for this year’s conference are: Denver — May 5 Fort Collins/Loveland — May 12 Colorado Springs — May 14 Grand Junction — May 19 Scottsdale — June 3
For more information and to register, call 800.884.1328. Hope to see you there!
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Staff Spotlight Tina Harkness Join us in congratulating Tina Harkness as she begins her role as the Director of the Northern Regional Office! We look forward to having Tina and her expertise as part of our Fort Collins team starting in 2015. Tina joined MSEC as a staff attorney in the Employment Law Services Department in 1998. She became the Information Resource Manager, in charge of MSEC’s legal publications, in 2005.
NEED YOUR 2015 EMPLOYMENT LAW POSTERS?
Let Us Help! Offers reduced poster prices for federal AND state all-in one posters
Along with her work in publications, she is a frequent speaker and facilitates training of human resource professionals, managers, supervisors, and employees in legal issues in managing employees, harassment prevention, civil rights, managing employee medical issues, diversity, and other subjects. She specializes in legal counseling and represents management in a wide variety of legal matters. She is also the chair of MSEC’s High Country and Western Slope Committee. Tina’s favorite part of working at MSEC is assisting members by answering their questions and brainstorming solutions to their workplace problems.
Provides posters for each of the 50 states plus the District of Columbia, Canada, and Puerto Rico
Ensures that posters meet compliance requirements
Delivers electronic posters (E-Posters) with an electronic update service
Tina graduated with honors from the University of Denver in 1993 with a bachelor’s degree in International Studies. She received her law degree in 1996 from the University Of Denver. She received her certification as a Senior Professional in Human Resources in 2000.
Offers members a low cost update service for federal and state posters
When not working, Tina enjoys hiking, biking, yoga, cooking, and reading. While all of us in the Denver office will miss seeing her every day, we wish her the best of luck as she starts her new role!
In
Spanish too!
Please visit our Poster page at MSEC.org for more information or email posters@msec.org.
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Workplace Investigations Case Law Review Mark J. Flynn, Esq., SPHR, Specialized Legal Services Director
On November 14, I presented a 2014 case law update at the annual Association of Workplace Investigators (AWI) conference in California. The objective was to highlight court decisions in the last year that affect the performance of workplace investigations. To accomplish that, I researched employment decisions from across the country with an eye toward significant appellate court decisions. Two patterns emerged. One pattern demonstrated that a well-done investigation is essential to an employer’s exercise of reasonable care to stop and prevent discriminatory conduct and avoid liability. The second pattern of cases involved mishandling the investigation to varying degrees. Recognizing that we learn more from our mistakes than our successes, I focused on the latter. The following teaching points emerged: • Involve lawyers in the decision to investigate. Even though your investigation likely will be offered as proof of the exercise of reasonable care, defense attorneys want to control the release of sensitive information by preserving protections afforded by the attorney-client relationship. • The law provides breathing room for employers to conduct investigations in order to collect and assess relevant facts. Only where the investigation is carried out in such an egregious manner as to dissuade a reasonable worker from making or supporting a charge of discrimination can the investigation itself be deemed an adverse employment action. • Perfection is not required, but investigations must be reasonable under the circumstances. Taking a supervisor’s denial at face value without even asking for his cell number in response to “sexting” allegations, for example, does not appear reasonable. • Although use of paid administrative leave in investigations has been found reasonable by several federal circuit courts, other courts advise caution because of the general stigma that can result from such a “nonpunitive” leave status. • Failure to allow an employee to respond to allegations against him or her makes for an inadequate investigation, which can support an inference of unlawful discrimination. • The developing standard is to make good faith credibility assessments to address conflicting versions of events and avoid “inconclusive” findings. • Sometimes an employee’s failure to complain is reasonable – when concrete reasons show that complaining would be futile or even cause harm. Inadequate remedial action, including inadequate investigation, can justify employee silence. To explore these cases and their teaching points for workplace investigations in more depth, join me for a briefing session titled “Workplace Investigations 2014 Case Law Review” on Friday, February 6, 2015. Registration and breakfast will run from 8:00 to 8:30am, and the program will run from 8:30 to 9:45am, and include a question-and-answer session.
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2015 Brings Exciting Changes to MSEC Surveys! Sue Wolf, Surveys Director
MSEC understands the importance of producing validated surveys employers can rely on when making business decisions. To ensure MSEC members receive accurate and timely survey data and in response to member feedback, the Surveys Department is making three very significant changes in 2015.
1. Revised 2015 Annual Survey Schedule: MSEC members have asked and we are responding. Over the past several years we have heard from many members who have requested compensation data from our benchmark compensation surveys earlier in the year than when we were publishing them. Therefore, we have revised our 2015 Annual Survey Schedule to achieve the goal of publishing benchmark compensation surveys in the first half of the year. Mark your calendar with these important 2015 Core Survey dates!
MSEC Core Compensation and Benefit Surveys
Questionnaire Sent
Personnel Pulse (HR metrics, turnover, job absence rate, etc.)
January 7, 2015
February 18, 2015
January 12, 2015
February 23, 2015
January 19, 2015
March 2, 2015
March 4, 2015
April 15, 2015
April 8, 2015
June 3, 2015
September 2, 2015
November 4, 2015
Benchmark Compensation Survey – includes: • Colorado Compensation • Information Technology • Arizona Compensation • Wyoming Compensation Public Employers Compensation (includes Public Library jobs) Health Care Summer Compensation Health & Welfare Plans Misc. Benefits & Pay Practices
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Questionnaire Due
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2. FREE Custom Survey Analysis (CSA) for MSEC Survey Participants: In recent survey roundtables, members suggested that survey participants should receive an incentive in exchange for their participation in MSEC surveys. In response, MSEC will offer one complimentary CSA to organizations who submit questionnaires by the survey deadline. The CSAs will be available upon request after the survey has been published. What is a CSA? A CSA allows an organization to compare their compensation and/or benefits against an aggregate data line of selected organizations of their choosing or by a specific survey demographic. A CSA can be requested for any or all jobs or benefit questions in the survey. We need a minimum of 10 participating organizations to run a CSA to protect the confidentiality of the participating organizations’ data. This exclusive offer is available for surveys where we have sufficient sample to run a CSA. The surveys that typically fit this profile are the Colorado Benchmark Compensation, Public Employers Compensation, Health Care Summer Compensation, or one of our benefit surveys. However, if a specific industry survey has sufficient sample to run a CSA, those would also be included in this incentive program. Don’t miss your opportunity to receive complimentary CSAs valued at $215 in return for your survey participation. Mark the 2015 core survey dates on your calendar now.
3. Special Study Fee In 2015, MSEC will begin to charge a nominal fee of $215 for special studies. The parameters for the special studies will remain the same where we gather data for up to 6 questions sent to no more than 25 organizations. These studies may involve wage rates for a previously un-surveyed position, a unique benefit, or an uncommon personnel practice or policy. You provide us with information you would like surveyed from competitors close by or across the country, Targeted we gather the information, and deliver the results. The scope of the study Publication Date could be greater than the parameters mentioned for an additional cost based on the requirements of the survey. April – 2nd week Members who participate in a survey by the deadline can request a special study in exchange for a CSA. Just call us to discuss your survey needs. April – 3rd week April – 4th week May – 1st week May – 1st week May – 2nd week June – 4th week
Help us to continue publishing the most reliable and trusted compensation and benefit surveys in the Rocky Mountain region by submitting your questionnaires on or before the posted deadline throughout 2015. We thank you for your ongoing support of MSEC’s compensation and benefit surveys. If you have any questions for us or suggestions on how we can improve the survey experience, please contact us at 800.884.1328 or surveys@msec.org.
August – 2nd week January 2016 – 2nd week
JANUARY-FEBRUARY 2015
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MSEC.ORG
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1799 Pennsylvania Street P.O. Box 539 Denver, Colorado 80201-0539 MSEC.org | 800.884.1328
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