Workplace Matters Magazine January-February 2016

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MSEC Workplace Matters Magazine

JANUARY-FEBRUARY 2016 | ISSUE #1


JANUARY-FEBRUARY 2016 | WORKPLACE MATTERS MAGAZINE | ISSUE #1

Contents 3

A Note From the Editor

4

H-1B Outlook for 2016

5

Innovation at MSEC

6

Regional Expansion

7

Member Profile - Odell Brewing Company

8

The Proliferation of Paid Sick Leave Laws

9

Staff Spotlight - Ben Hase

10

Resilience in the Workplace

12

SPROCKET – A Novel Approach to Innovation and Employee Engagement

13

Public Employers Conference

14

2016 MSEC Survey Schedule

MSEC Workplace Matters Magazine

On the Cover You are the spark of the future! In 2016, you will see a commitment to re-imagine, envision, and share inspirational information throughout the year, that is sure to showcase the value of your MSEC membership – Happy New Year!

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Welcome Utah Members! Welcome the Employers Council (EC) Utah members, as they are now a valuable part of the MSEC family!


Lorrie Ray

A Note From the Editor Membership Development

MSEC is here to create a bright future for our members by sparking growth and innovation. We hope to provide that to you in our 2016 editions of Workplace Matters Magazine. As our members spread across the Western region, MSEC is growing with them, making state laws manageable and providing better support. Employment law is becoming more confusing, not less, and we want you to be comfortable with the law, not paralyzed by it. We also want to help you become innovative thought leaders who move forward. We are starting our own innovation process at MSEC, which you can read about in this issue. We have also highlighted one member’s innovation, and you may be interested to read about their journey to see if it would work for you. Keep reading throughout the year for more ideas on sparking your future!

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JANUARY-FEBRUARY 2016 | 3


H-1B Outlook for 2016 Chris Bauer, Specialized Legal Services

authorization expires. The Obama administration has proposed a longer duration for the STEM OPT extension that benefits foreign professionals in the fields of Science, Technology, Engineering, and Math, and these new regulations should be effective in time to expand this alternative for employees in the designated fields. Certain employers are cap-exempt and can sponsor new H-1B petitions at any time. This group includes institutions of higher education, nonprofits affiliated with institutions of higher education, and governmental or nonprofit research organizations. These employers need not plan around the annual filing cycle for the H-1B. If your company is thinking of sponsoring a foreign national employee or new hire for H-1B work authorization this year, it’s time to get started. Most employers must initiate H-1B sponsorship under the annual filing cycle, which opens on April 1 and will close in 2016 on April 7, with an October 1 effective date. Employers filed 225,000 petitions during the five-day filing window in 2015, seeking one of 85,000 H-1B slots for each H-1B candidate. USCIS selects cases to process by a random lottery. Foreign nationals whose petitions are not selected in the lottery must obtain other forms of work authorization or leave the U.S. The shortage of available, new H-1B slots has been growing more acute in the last several years. Even if the foreign-national professional has work authorization now, employers need to time the H-1B filing to continue it beyond the current expiration date. Sometimes a gap in work authorization for an H-1B candidate selected in the lottery can be covered by utilization of the “cap gap regulations.” Other times, the employer may need to file an H-1B petition well before the current work authorization expires to catch the annual H-1B filing cycle and to maximize the chances that the foreign national will get into H-1B status during his or her authorized time in the U.S. Employers also need to be able to plan alternative work authorization for an employee if the employers’ petition is not selected in the lottery, and the current work

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Processing of an H-1B petition is complex. It requires a separate filing with the U.S. Department of Labor and assembly of supporting documents before the H-1B petition is ready to file with U.S. Citizenship & Immigration Services. Thus, employers should start the process early and allow several weeks of lead time for petition preparation. MSEC immigration staff are available to answer questions from members about H-1B planning and processing. Consultations on H-1B or other immigration status questions are available as a benefit of membership, while processing and filing of individual petitions is offered on a flat-fee basis. MSEC will present a Briefing Session on H-1B Sponsorship on January 28, 2016 where immigration staff will discuss many of these issues and answer questions. Visit MSEC.org for more information.


Innovation at MSEC

Paula Henry, Membership Development and Tina Harkness, Northern Regional Director

Innovation is a new idea, more effective device, or process. Innovation can be viewed as the application of better solutions that meet new requirements, unarticulated needs, or existing market needs. This is accomplished through more effective products, processes, services, technologies, or ideas that are readily available to markets, governments, and society. At MSEC, we recognize that innovation is an important aspect of our business. Innovation is necessary for us to stand out from the crowd and to grow along with our members. To that end, we recently formed an internal Initiative to Inspire Innovation (“I3”). I3 is made up of employees from all areas of MSEC. Employees will serve for one year before cycling out to bring in other employees. I3’s purpose is to seek out new ideas and processes that align with MSEC’s 2016-2020 strategic drivers: • Excellent member experience • Healthy growth and expansion • Promoting the HR profession • Developing a responsive infrastructure with robust technology I3 will also examine “the way things are” and explore “the way things could be.” We will start in Q1 with Lean Management training for I3 team members. Recognizing that lean processes are best identified from the ground up, MSEC plans to extend I3 lean training to more employees. The I3 team looks forward to acting as an “internal disruptor” as we seek to reduce costs, improve efficiencies, and most importantly, increase value for our members.

27th Annual Employment Law Update Conference Each year, we welcome you to this conference as it covers the most significant employment law developments of the year, along with providing critical advice to minimize your legal liability. May 5 - Scottsdale, AZ | May 13 - Grand Junction, CO | May 16 - Loveland, CO May 20 - Colorado Springs, CO | May 26 - Denver, CO | June 8 - Salt Lake City, UT Please call 800.884.1328 or visit MSEC.org for more information.

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Regional Expansion Lorrie Ray, Membership Development

At a recent social event, a member approached me very excited that Employers Council in Utah and MSEC had come together. I know why I’m happy about this opportunity, but I wanted to understand why she was so thrilled. She told me that technology made it easy for her company to locate operations or employees in adjoining states, but did little to help her comply with a morass of different laws from state to state. Having a business partner who knows the laws throughout the Western region gave her tremendous peace of mind, she explained. Not only do we have offices in Colorado, Utah, and Arizona, but we help employers with offices across the Western region, including the land of more employment laws than you can count: California! If you are expanding into other states, don’t forget that MSEC can accompany you into new territory.

Harvard Business Series is now

Business Anaylsis: Real-World Case Studies

Alaska Airlines: Navigating Change Denver - March 24 DaVita: A Community First, A Company Second Denver - May 24, Scottsdale - July 26 Starbucks: Delivering Customer Service Denver - August 9 Yahoo! Inc.: Marissa Mayer’s Challenge Denver - November 4 To register call 800.884.1328 or go to MSEC.org

$125 per case 10% discount per case when enrolled in four or more cases. Each case qualifies for 3.0 SPHR Business recertification credits.

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Member Profile - Odell Brewing Company Doug Odell’s passion for crafting great beer started in his kitchen in Seattle. When demand for his home-brew grew, Doug and his wife Wynne searched for the right location to take Doug’s passion commercial. They moved to Fort Collins, Colorado to be closer to Doug’s sister, Corkie, who joined them in opening the brewery in 1989. The original brewery was located in a grain elevator built in 1915 and was the second microbrewery to open in the state of Colorado. After brewing and kegging his beer, Doug would deliver it, pick up empties, and make sales calls out of his old mustard-colored Datsun pickup. This brewery used four floor-levels to gravity-feed its beer from a 15-barrel brew kettle into open fermentation tanks, after which the beer was “cellared” and then stored in draft kegs, the only package then offered.

minimizing its environmental impact and through its community outreach and charitable giving programs. Odell Brewing was named the “Best Company to Work For” in 2015 by ColoradoBiz Magazine and is an award-winning brewery, nationally and internationally. Its list of awards includes: +2014 + World Beer Cup® +Gold + for Runoff; 2013 Great American Beer Festival® +Gold + medal for 5 Barrel Pale Ale; 2012 Brewers Association Recognition Award; 2011 Great American Beer Festival® +Gold + medal for Friek; 2008 World Beer Cup® +Gold + for IPA; and 2007 Great American Beer Festival® +Gold + medal for IPA

Thank you Odell Brewing for being a member since 2008!

Within five years, Odell’s hand-crafted ales became so popular that Doug needed a bigger facility to handle demand. A new brewery, with the current 50-barrel brewhouse, was built in 1994. The brewery currently produces about 115,000 barrels annually. Odell beers are available in bars, restaurants, and liquor stores throughout Colorado, and in Arizona, Idaho, Kansas, Minnesota, Missouri, Nebraska, New Mexico, South Dakota, Texas, and Wyoming. The brewery shares its passion for delicious beer with an ever-growing family of fans. Experimentation with beer recipes, barrel-aging, and yeast cultivation, coupled with a dedication to quality, community, and sustainability, keeps the brewery innovative and grows its reputation. At a family- and employee-owned regional brewery, the culture of collaboration thrives, fostering a brewery full of beer-centric people. Odell Brewing is committed to serving the communities in which it distributes by

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The Proliferation of Paid Sick Leave Laws Nick Haynes, Affirmative Action Planning Services

As calls for paid sick leave and paid maternity leave reach a federal level (see the Healthy Families Act in 2014 and the Family Act in 2015), multistate employers are already having to comply with state and local paid-sick-leave laws. Connecticut, California, Massachusetts, Oregon, and Washington D.C. have all enacted paid sick leave laws. On top of that, Montgomery County, Maryland; San Francisco; Seattle; New York City; Oakland; Tacoma, Washington; Emeryville, California; Pittsburgh; and 10 New Jersey municipalities have enacted their own paid-sickleave laws. Even more, Los Angeles and Long Beach passed laws that grant paid sick leave to certain hotel workers, and SeaTac, Washington passed a law that provides certain hospitality and transportation workers the right to earn paid sick leave. Federal contractors will be required to provide paid sick leave beginning in January 2017. Even Colorado and the city of Denver saw paid sick leave laws introduced, but not passed, in the past few years. The number of states and municipalities with paid-sick-leave requirements could rise in the near future. Virginia; Oakland County, Michigan; Minneapolis; and Bellingham, Washington are currently considering paid-sick-leave requirements. The minefield of compliance can be quite complicated, even when an employer already provides its employees with paid sick leave or PTO, as paid-sick-leave laws tend to differ in subtle ways. In fact, a California employer in the hotel industry could conceivably be subject to different paid sick leave policies in San Francisco, Oakland, Emeryville, Los Angeles, and Long Beach, in addition to the state requirement! Some jurisdictions recognize that the struggle is real and have made efforts to minimize the impact on employers. Oregon’s paid sick leave law preempts local paid-sick-leave laws, leaving only state law to be followed, as of January 1, 2016. Nevertheless, paid sick leave may be on the horizon for the mountain states served by Mountain States Employers Council (MSEC) and the Employers Council. MSEC provides paid sick leave guidance for the adopted mountain state of California and federal contractors.

Employment-Based Immigration Briefing Session Simulcast

Employment-Based Immigration Briefing Session: H1-B Sponsorship What is H1-B status? What jobs and candidates will qualify? What do you have to do to get a petition filed? How does the lottery work? This session will provide everything you need to know about H1-B processing and selection. January 28, 2016 | Attendance price of $49 per line | 9:00–10:30am Register today! Call 800.884.1328 or visit MSEC.org

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Staff Spotlight - Ben Hase Attorney Ben Hase joined MSEC’s Employment Law Services department in June of 2015. In this role, he counsels and represents members in all things relating to employment law, including wage issues, benefits, discrimination, and unemployment. Before joining MSEC, Ben worked in private practice and later for the State of Colorado, where he managed investigation, mediation, and training units in southern Colorado and on the Western Slope. He received his law degree from Washington University in Saint Louis and his bachelor’s in History and Political Science from the University of Denver. Why work for MSEC? “First and foremost, Employers Council attorneys solve problems,” Ben says. “My past work taught me that once a claim or lawsuit is filed, the problem-solving stage is over. At that point, all that matters is whether compensation is owed for some alleged wrongdoing.” MSEC is different, Ben says, because of its emphasis on helping members take the right steps before problems spiral out of control.

siren call of the internal combustion engine. If you’re fast enough to keep up, you’ll find him on Colorado’s mountain roads exploring the back country in a truck, hunched over the handlebars of a motorcycle, or behind the wheel of a sports car.

Check Out Our Winter/ Spring 2016 Certification PHR/SPHR and SHRM Study Course Dates Colorado Springs

April 18 - 22 (PHR/SPHR) February 9 - March 4 (SHRM)

Denver

February 10 - April 13 (PHR/SPHR) April 18 - 22 (PHR/SPHR) March 7 - 11 (SHRM)

Fort Collins

April 25 - 29 (PHR/SPHR)

Ben was born in a small community hospital just outside of Ingolstadt, Germany, in the heart of Bavaria and just up Autobahn A9 from Munich. His hometown is headquarters to Audi AG and a high-tech center that some of Europe’s biggest electronics retailers also call home. Ben came to Denver when he was nine years old and has spent most of his time in Colorado’s capitol city.

February 17 - April 20 (PHR/SPHR) April 1 - 29 (SHRM)

Ben uses his legal skills to give back to the community whenever possible. He recently helped a pro bono client manage a domestic abuse situation, something he’s familiar with from his days with the Denver District Attorney’s Office.

For details, full schedule, or to register call 800.884.1328 or go to MSEC.org

Salt Lake City

April 11 - 15 (PHR/SPHR) (PHR/SPHR web-based study program also offered)

Scottsdale

Ben spends his spare time with his family. On those rare occasions when he is flying solo, he answers to the JANUARY-FEBRUARY 2016 | 9


Resilience in the Workplace James McDonough, Membership Development

2016 dawns with promise, uncertainty, and many challenges—both predictable and unpredictable—in both personal and professional lives. Employees will respond to the year’s challenges with a variety of emotions. Some will be so stressed that their work performance suffers. There is a compelling reason for employers to help these employees manage the many stressful challenges of 2016. Major Depressive Disorder (MDD, or “depression”) alone impacts 7 percent of the workforce, costing U.S. employers over $100 BILLION in direct (medical) and indirect (lost productivity) costs! Workplace mental wellness is a major issue faced by employers, and a complex one. Mental wellness includes a wide range of conditions and severities, from mild stress to severe depression, among many others. Mental illness results mostly from forces outside an employer’s control: genetics, family life, disease, personal choices. Workplace stress can exacerbate or even precipitate behavioral disorders in many employees. Employers should not ignore these challenges, but tackle them as part of doing business. But how can employers help employees suffering from stress and possibly mental illness? What is appropriate and legally sound? Research suggests that employers benefit by helping employees build resilience to stress. Resilience is the ability to “recover from adversity” (American Psychiatric Foundation), and in the employer/employee relationship, the workplace benefits most when both parties make efforts to build and deepen resilience. All of us can build resilience to manage stress and foster overall mental wellness in a variety of ways, including: • Owning wellness. Make daily efforts to take care of your physical, mental, and spiritual self. • Taking action. Volunteer, pick up a stray piece of trash, help a neighbor. Making daily efforts to improve the world empowers and rewards. • Asking for help. If stress is overwhelming and mental well-being is suffering, reach out to someone you trust or contact a professional. Low-cost or free services exist, so don’t let financial concerns be an obstacle. • Employers can support mental wellness and foster resilience in the workplace with these essentials: • Leadership. Leaders must embrace the need to support mental health, allocate resources accordingly, and possibly develop new personal skills to model acceptance. • Culture of Wellness. Foster open lines of communication; offer resources like an EAP and mental wellness benefits; encourage employees to exercise. • Connections and strong teams. Isolated employees are prone to more stress and depression. Intentionally foster connections between employees to build relationships. • Training. Spread awareness and knowledge of mental health issues and resources to all employees.

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Although there is no universal legal mandate for employers to assist employees with stress and mental wellness, it just makes good business sense to do so. Employees who build resilience and effectively manage their emotional wellness are more productive. There is no single “silver bullet” solution for employers, but a combination of strategic and coordinated efforts is most effective. What will your organization do to make a difference in 2016? If you’re interested in resources, contact me at jmcdonough@msec.org or 800.884.1328 x5330. Sources Employer Practices for Addressing Stress and Building Resilience, August 2013; Partnership for Workplace Mental Health, American Psychiatric Foundation Employer Perceptions of Stress and Resilience Intervention, JOEM November 2012; Spangler, Koesten, Fox, Radel Right Direction; Partnership for Workplace Mental Health, American Psychiatric Foundation and Employer’s Health Coalition Handling Challenging Times, May 2009; Montana State University Extension Work, stress and health, September 2013; American Psychological Assoc.

Colorado Culture of Health Conference Colorado Convention Center | Denver, CO April 27, 2016

The Colorado Culture of Health is the premier conference for employers and professionals to learn about evidence-based wellness programs and how to shift their worksite culture to promote employee health and well-being. Registration begins on January 25, 2016, so look for more details in the coming months.

Members of MSEC or CBGH

Non-Members of MSEC or CBGH

Registration before February 19, 2016 $169 per person (3 or more attendees, from same company $159 per person)

Registration before February 19, 2016 $189 per person (3 or more attendees, from same company $179 per person)

Registration on or after February 20, 2016 $179 per person (3 or more attendees, from same company $169 per person)

Registration on or after February 20, 2016 $199 per person (3 or more attendees, from same company $189 per person)

Please email at registration@msec.org, call 800.884.1328 To register register, by email registration@msec.org or callor 800.884.1328

JANUARY-FEBRUARY 2016 | 11


SPROCKET – A Novel Approach to Innovation and Employee Engagement Chelsea Jensen, Human Resource Services

Have you heard of SPROCKET? It’s the brainchild of Nita Mosby-Henry, the Chief Human Resources & Inclusion Officer at Children’s Hospital in Denver. SPROCKET is a process she designed to help with team member engagement. Ms. Mosby-Henry wanted to solve a problem that emerged after an employee opinion survey. The results were translated into a heat map that showed Children’s Hospital employees didn’t understand where the organization was headed strategically. This isn’t uncommon. The organization was growing and silos were beginning to form. Employees were not always clear on what their colleagues in different departments were accomplishing. Employees were committed to the mission of the organization, but did not understand the big picture. Ms. Mosby-Henry wanted to engage employees in the strategic direction of the hospital and harness their knowledge as fuel for necessary innovation. Thus, SPROCKET was born. The hospital leadership was willing to give it a try if it tied to the organization’s main goals. In essence, SPROCKET is a think tank for the workforce. It involves three phases: discovery, design, and implementation. Each phase is eight to 10 weeks long. There was an open call for SPROCKET, and leaders and team members began work on projects requiring innovation. Interested staff would be involved in one of the three different phases. The SPROCKET teams keep efficiency and effectiveness in the forefront throughout the process. They also keep patients of Children’s Hospital and their family members in mind. Ideas that don’t improve things for patients and families aren’t worth pursuing. The discovery phase was all about research: groups could perform library research or gather information in whatever way they felt was effective. Some employees interviewed other organizations on their processes. This phase is wrapping up, and now the focus will move to design. At this point there is board involvement to help support innovations at the conclusion of the discovery phase. This is a shining example of Human Resources creating an innovative, strategic approach that both engages employees and helps the business evolve. I will be excited to see how this unfolds as I continue to check in with Ms. Mosby-Henry. Stay tuned!

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Public Employers Conference Mark Cicotello, Human Resource Services

The historical challenges facing public employers have not gone away. New thinking and solutions are needed to solve those issues. At the same time, new challenges have arisen that require a different perspective and a proactive approach. To address these issues, the 2016 Public Employers Conference (PEC) has chosen the theme, “It’s a Whole New Ball Game.” The PEC begins with a kickoff address by Mike Hess. Mike is blind and is the CEO of the Blind Institute of Technology. Mike will lead everyone in an experience-based presentation that will leave you with a fresh perspective on the capabilities of the visually impaired. Our popular legal update from the inestimable Tina Harkness follows the kickoff presentation. We’ve added an HR Trend update to this year’s agenda, due to the popularity of Tina’s session. The HR session focuses on emerging trends, including successful approaches to difficult issues. The session should provide a new mindset on how to resolve some perplexing problems. The breakout sessions for the PEC are going to be special. The topics include the following: • Performance Appraisals: Is the end in sight or is it just a mirage? • HR Decision Process in the Public Sector–A Legal Perspective • Pueblo Library District: Value Driven Compensation (The three concurrent breakout sessions will occur in the morning and again in the afternoon.) The Keynote speaker is Thomas Frey, Author of the 2011 book, “Communicating with the Future.” Thomas is a powerful futurist and visionary. He intends to revolutionize our thinking about the future by pushing the envelope of understanding, creating fascinating images and understandings of the world to come. For his efforts inspiring inventors and other revolutionary thinkers, the Boulder Daily Camera has dubbed him “the Father of Invention,” while the Denver Post and Seattle Post Intelligencer call him “the Dean of Futurists.” Thomas will outline what we can expect in the years ahead so we can embrace it. You will not want to miss this session. Because of the positive feedback we received, the conference will return to Sports Authority Field. The full-day conference will be held on Friday, March 11, 2016. The PEC starts with breakfast at 8:00 am, includes lunch, and ends at 3:40 pm. Stadium tours will be available at the close of the conference.

To register call 800.884.1328 or go to MSEC.org

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2016 MSEC Survey Schedule Sue Wolf, Surveys

With the start of the New Year, MSEC’s Surveys Team would like to thank all of the MSEC members who participated in our 2015 surveys. We would not be able to publish our survey resources without your participation. Thank you for partnering with us to publish the most comprehensive and reliable compensation and benefit surveys for Arizona, Colorado, Utah, and Wyoming employers. As the New Year begins, we want to take this opportunity to announce the 2016 MSEC Core Compensation and Benefits Survey Schedule. Please mark your calendar with these important 2016 survey dates!

MSEC Core Compensation and Benefit Surveys Personnel Pulse (HR metrics, turnover, job absence rate, etc.) Benchmark Compensation Survey – includes: • Colorado Compensation • Information Technology • Arizona Compensation • Utah Compensation • Wyoming Compensation

Questionnaire Sent

Questionnaire Due

Jan 6, 2016

Feb 17, 2016

Jan 11, 2016

Feb 23, 2016

Targeted Publication Date April – 2nd week

April – 4th week May – 1st week May – 4th week May – 4th week May – 4th week

Public Employers Compensation (CO &WY members)

Jan 19, 2016

Mar 4, 2016

June – 1st week

Health & Welfare Plans

Mar 28, 2016

June 3, 2016

Aug – 2nd week

Planning Packet (2017 Pay Increase Projections)

July 13, 2016

Aug 12, 2016

Sept – 2nd week

Paid Time Off Policies

Sept 6, 2016

Nov 4, 2016

Jan 2017 – 2nd week

Remember, each MSEC member that participates in one of the above compensation or benefit surveys is eligible to receive a FREE Custom Survey Analysis (CSA). The CSA is our thank you for taking the time to participate in surveys. 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. MSEC will provide one complimentary CSA to organizations who submit questionnaires on or before the posted survey deadline. The CSAs will be available upon request after the survey has been published. Don’t miss your opportunity to receive a complimentary CSAs valued at $215! 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 process, please contact us at 800.884.1328 or surveys@msec.org.

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Are You Taking Advantage of Your Survey Options? If not, here are 5 surveys that are available now!

Commissioned Compensation & Benefit Survey Services Custom Opinion Survey Denison Cultural Survey 360 Assessment Survey 360 Review Survey

As a MSEC member, you have access to all surveys. For more information, please call 800.884.1328 or email surveys@msec.org

JANUARY-FEBRUARY 2016 | 15


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