MSEC Workplace Matters Magazine
MAY-JUNE 2016 | ISSUE #3
MAY-JUNE 2016 | WORKPLACE MATTERS MAGAZINE | ISSUE #3
Contents 3
A Note From the Editor
4
Get Real for Your Next Hire
5
California Harassment Training
6
Breaking the Boundaries of HR
7
workLife Partnership
8
Member Profile - ABC Glass
9
Beware: Increased Focus on EEO – 1 and VETS – 4212 Reports
10
Staff Spotlight - Chelsea Jensen
11
Summer is Almost Here … What Will Your Employees be Wearing?
On the Cover Your future is bright! Use your MSEC membership and we’ll make sure it stays that way! MSEC’s legal and HR expertise will keep you in the know, and our training and services are guaranteed to help you shine.
Trivia Fun Which state capitol has the highest per capita number of plastic surgeons? Answers: Salt Lake City
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Lorrie Ray
A Note From the Editor Membership Development
Summer has bloomed and so have employment issues. Just when many employers are facing an increasingly competitive environment for talent, the U.S. Department of Labor (DOL) is getting ready to roll out its new regulations increasing the pay required for the salary basis test. Not only that, but the EEOC also wants to take a look at pay disparity. This creates a delicate dance for employers who must not only attract and retain talented employees, but make sure they are classifying and paying them properly according to both Fair Labor Standards Act and EEOC regulations. This may be a good time to take a close look at a few things in your organization. Happiness – do your employees seem like they are engaged and working well together? There are many interventions if you have concerns about this. It could be a mediation between two employees or a team intervention. Fairness – when you look at your compensation plan, does it take into account internal equity? You should know the relative value of different positions within your organization and whether the pay rates reflect that value. If you have outside pressures causing you not to follow your compensation plan, you may want to take steps to get it back in line. Legality – because the DOL regulations are changing, this is a good time to look at how you are paying your employees and get your workplace in order. Wage and hour violations are the most common and easiest to make. Don’t get caught unawares. After you take a look at all these items, rest easy! You are a member of MSEC, and help in any of these areas is just a phone call away. Now go out and smell the flowers!
Need a Happier Workplace?
Try our services that help employees work together better: Coaching • Team Building Mediation • Facilitation Let us guide you towards smoother waters. For more information call 800.884.1328 or go to MSEC.org.
MAY-JUNE 2016 | 3
Get Real for Your Next Hire James McDonough, Membership Development
Cost cutting, including labor costs, is emphasized to enhance the bottom line.
Fortune Magazine’s “The 100 Best Companies to Work For 2016” edition is a valuable read to explore the connections between an organization’s culture and successful recruiting and retention. Perhaps most compelling is the story of Publix supermarket, whose founder, George Jenkins, wanted to “create the world’s … best workplace.” That goal remains today at this 86-yearold Florida-based chain, the largest employee-owned company in the world. Publix has never laid employees off, offers generous benefits, and promotes internal career advancement. Employees respond by sticking around (5 percent voluntary turnover!) to fulfill the mission of creating a “happy ever after” customer experience: customer service rankings are consistently in the top three in the industry. It appears Publix has figured out a profitable connection between culture and desired outcomes. Have you? A good starting point is to understand an organization’s culture. Doing so will reduce wasted efforts and costs in recruiting and retention initiatives. Employees with workplace expectations correctly matched to an organization’s culture are more likely to be successfully engaged and retained longer. Contemplating the Fortune articles, surveys, research and anecdotal feedback, employers tend to fall into three broad categories when it comes to culture. Consider what kind of applicant would be attracted to, motivated by, and retained at each: Compliant These organizations focus on adhering to legal mandates and maximizing outcomes with minimal employee investment. Optional benefits are an undesirable expense. Employees are expected to fall in line and do their jobs with minimal interruption.
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Aspirational Most employers determine that meeting legal mandates alone, without investment in employees, will not support the organization’s long-term objectives. Investing in employees through voluntary benefits and cultural flexibility/openness reflects a desire to be an employer of choice for talented individuals. Traditional hierarchical organizational structures and communication methods are most common, with some experimentation to enhance employee input and workplace experience. Transformational These employers experiment and often adopt radical new approaches to conduct business and the relationship with employees. Employees at every level are empowered to take action. With extremely high expectations of their employees, they demand an “all-in” commitment with consistent and impactful contributions. Open communication is welcomed to improve the organization’s ability to fulfill goals and support the shared mission. Investment in employee benefits, workplace facilities, relationship building, etc., is considered a top strategy to attract ideal candidates: those with cutting edge skills and aspirations beyond a day’s work. Which culture category does your organization fall into? There is no “right or wrong”: there are many ways for an organization to operate successfully. The key point is to honestly evaluate the nature of your organization and use this to target appropriate potential hires. Even if the applicant is a perfect match “on paper,” it may be better to select a different applicant. Common practice is to hire the highest-skilled individual for an open position; if that person’s aspirations are mismatched with your organization’s culture, the employment relationship will likely be short-lived and problematic. If you have questions please contact me at jmcdonough@msec.org or call 800.884.1328.
California Harassment Training Nick Haynes, Affirmative Action Planning Services
The Fair Employment and Housing Act (FEHA) requires that employers with 50 or more employees, regardless of state, provide sexual harassment prevention training to supervisors and managers who work in California every two years or within six months of becoming a supervisor or manager. The training must be at least two hours in length and be interactive. As of April 1, 2016, new regulations require employers or trainers to maintain records of all written questions received and written guidance provided; copies of training materials; and names of employees attending with sign-in sheets, copies of certificates of attendance, and recorded materials that compose the training, for a period of two years. Additionally, the training must include: the supervisor’s obligation to report instances of harassment or retaliation to HR or similar company officials, strategies for preventing harassment, and remedial steps to correct harassing behavior. In 2015, requirements for sexual harassment prevention training were broadened to include abusive conduct in the workplace. If you need help, email me at nhaynes@msec.org. MSEC has a recorded webinar that is interactive and meets the requirements of the new FEHA amendments. This webinar can be accessed by managers and supervisors at their convenience and stopped or paused when necessary. The recorded webinar is a cost-effective way to meet the mandatory training requirements and prevent sexual harassment, discrimination, and abusive conduct in the workplace.
TITLE IX
Know the Requirements Be in Compliance Key requirements of educational institutions include: ++Ensure a campus free of sex discrimination ++Employ a Title IX coordinator ++Assess and disseminate policies to ensure compliance Make sure you are Title IX compliant, let us help! Contact the MSEC Investigations Department at 800.884.1328 or email investigations@MSEC.org
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Breaking the Boundaries of HR Tammeron Trujillo, Human Resources Services
and may be unaware that those biases are impacting their actions. • The value of creating a diverse workforce must be balanced with the reality of accomplishing the day-to-day activities that drive the mission of the organization. • The challenges of managing an inclusive environment are overshadowed by the many advantages that include an increase in employee productivity, organization buy-in, and engagement. At the end of the session, participants acknowledged their appreciation for the opportunity to engage in an insightful discussion with other HR professionals on a topic that impacts them all and allows them to learn alternative perspectives. On March 23, MSEC hosted Breaking the Boundaries of HR: Merging Culture, Inclusion and Business Success! the first of three Breaking the Boundaries of HR sessions designed to help HR professionals reimagine the future role of HR. Approximately 50 people registered for the two-hour forum, but a fierce blizzard arrived that morning and prevented many from attending. The 11 brave attendees who did arrive engaged in a lively “World Café” discussion. A World Café is a structured conversational process intended to facilitate open discussion and link ideas within a larger group to access the collective intelligence and wisdom in the room. Using prepared questions such as: “What are the barriers and solutions to becoming more inclusive?” “How do you describe an inclusive business environment?” and “How can welcoming everyone’s voice help the business make better decisions?” the discussion began quickly. The attendees moved thoughtfully through the modified process, and several themes began to emerge: • An inclusive work environment is one that constantly strives for a high level of interactive communication. Listening without judgment is crucial, yet not easy. Everyone has perceptions and biases 6 | MAY-JUNE 2016
The next Breaking the Boundaries of HR forum is scheduled on June 13, 2016 from 3pm to 5pm, and the topic will be Embracing Talent Development, Learning and Guidance. Let’s continue to build on this initial discussion and be agents of change and growth! The forum events are held at the MSEC Denver office and are free of charge! Space is limited, so please register today by calling 800.884.1328 or visit MSEC.org.
workLife Partnership Lorrie Ray, Membership Development
A spate of recent articles sounds the alarm about employee engagement. One problem is that employers are paying competitive rates that they can afford and providing increases, yet workers’ expenses are increasing more quickly, especially if they reside in metropolitan areas. This can create significant financial stress for fulltime employees who are making in excess of minimum wage, but still have expenses that are not affordable. Sadly, it is a reality in some metropolitan areas that even after someone gets a job, they may still need help. Enter work-Life Partnership, a nonprofit organization founded in 2009. They help employers with low wage earners retain their workforces by focusing on their employees’ needs. Employers pay 70 percent of the fees, and 30 percent of the funding comes from three foundations: the Rockefeller Foundation; the Kellogg Foundation; and the Annie E. Casey Foundation. This outside funding helps with bus passes, food, and other necessitates for lowwage earners. Navigators form work-Life Partnership work with employees at the organizations in order to help them navigate their issues–food, transportation, housing, education, and other stressors. In effect, the navigators do the leg work for the stressed wage earner. Some examples include: • Rent: getting behind on rent can happen quickly, and working with landlords can help. • Child care: short notice of shift changes disrupts child care, so other resources need to be found. • EAP: On-site employee services can help meet the employee where they work. • Garnishment: negotiating garnishments to lower amounts in line with what is affordable. • Training: Help employers understand benefits of training to get employees better pay for more skills. If you want to learn more about this nonprofit organization, visit their website at www.worklifepartnership.org. MSEC also provides financial wellness assistance to our members. Contact us at 800.884.1328 to learn more!
The myFinancial Wellness program focuses on the overall financial health and wealth of employees and their families. It provides education and unbiased financial advice designed to help members make informed financial decisions. Financial advisors can help with critical issues that include: • Wealth Management • Retirement income planning/guarantees • College Savings And a host of other goal oriented solutions! Call 800.884.1328 or email hrmanager@msec.org for more information! MAY-JUNE 2016 | 7
Member Profile - ABC Glass For 43 years, locally owned ABC Glass Company has been taking care of residential and commercial customers throughout metro Phoenix with a blend of friendly service and excellent craftsmanship. Most of their work is custom, and they are one of the only flat glass shops in all of Phoenix with an on-site glazier on-duty during business hours. This means customers can walk in and have glass custom cut quickly and expertly. A great comfort if your front window is shattered by a stray baseball during Spring Training Camp! Dennis and Lori Rusk purchased ABC Glass Company in 2001 and committed to keeping it a strong family-run-and-operated company with a clear mission: To be THE community source for flat-glass needs. With over 25 years of experience in the glass business prior to ABC, Dennis respects the value of experienced staff and remembers, “Many previous employees stayed on board and retired. Today, most of ABC’s 17 employees have been with us for eight to 10 years, and we’re proud of that!” Commitment to great customer service includes being dependable, finishing jobs with integrity, and following up with their customers. “We want to get the job done right,” adds Lori. They keep ABC Glass Company a great, customer-focused workplace with two core values: Safety First. Glazing can be dangerous, so they insist on training, teamwork, and using proper equipment to keep employees and customers safe. “Glazing is a skilled trade, and we do a lot of training in-house to make sure we have the trained staff to serve our customers,” shares Lori, a former educator. Value Employees. ABC provides good benefits including health and retirement, and encourages employees to take their vacation time. “We take care of our employees so they take great care of our customers!” Lori says.
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The Rusks are involved in a variety of networking groups and organizations to improve the Phoenix community: Dennis is a member of the Phoenix Rotary 100 and a Board Member of the Arizona Safety Council. Lori is an active member in Local First Arizona and 100+ Women Who Care. Both proudly support the One Community. In 2016 they will help an historic house restoration as supporters of Local First Arizona. Named a “Small Company to Watch” by the Arizona Small Business Association in 2009, ABC has also been recognized in local magazines and the Phoenix Business Journal. The next time you’re driving around the Valley of the Sun, look around. Many of the storefront and mall windows you look through were expertly cut and installed by ABC Glass Company!
What’s Happening in Your Region?
Arizona HR Certification Study and Recertification Programs Visit the 2016 Training Catalog for more details
Colorado Annual Benefit Update Conference July 11 – Fort Collins/Loveland July 19 – Denver July 21 – Colorado Springs July 26 – Grand Junction
Utah
Inaugural Employment Law Update Conference June 8 – Salt Lake City
Beware: Increased Focus on EEO – 1 and VETS – 4212 Reports Sandra Harrison, Specialized Legal Services
Companies must file the EEO-1 report if they have 100 or more employees or if they have 50 or more employees and $50,000 in federal government contracts. Employers who have filed an EEO-1 report previously should receive a reminder letter with their company’s log-in information, or log-in information can be obtained from the Joint Reporting committee at e1.techassistance@eeoc.gov. While the EEO-1 survey was open until October 30 in 2015, the normal filing period runs from July 1 to September 30. The EEOC has issued a proposal to collect W-2 pay information and hours worked in the EEO-1 reports beginning in 2017. The pay information would be collected in pay bands and reported in job groups, broken down by race, ethnicity, and gender. Collecting such information is designed to give the EEOC and OFCCP insight into pay disparities across industries and occupations. It will enable the two agencies to conduct investigations, assess the validity of complaints of discrimination, and identify existing pay disparities that warrant an audit. The U.S. Department of Labor, state agencies, and politicians are focused on the pay gap experienced by females and minorities. With an increased focus on pay disparity, it is recommended that employers conduct an audit of their pay practices to ensure that their compensation plan is not discriminatory. It is generally recommended that a third party conduct the pay disparity analysis under the direction of an attorney, as that approach confers the strongest attorney-client privilege to protect the confidentiality of the results. MSEC can run pay-disparity analyses for employers who want to ensure they are ready for the EEO-1 pay reporting in 2017. Once employers have identified problem areas through pay-disparity analysis, MSEC can assist with a compensation plan that best fits the needs of the company. The VETS-4212 is completed by companies with a federal contract of $100,000 or more. There is not an employee threshold to be met in order to file the VETS-4212. The filing period for the VETS-4212 is from August 1 to September 30. Employers should start gathering information for the 2016 EEO-1 and VETS-4212 reports, and turn them in early. The help desk and website tend to become overwhelmed toward the end of the reporting period. Employers will want to monitor developments with the proposal to add pay information to the 2017 EEO-1 reports, as the potential impact could be significant. If you need help, call us at 800.884.1328.
Is Your
Abracadabra
— Working? Hiring the right candidate can be like pulling a rabbit out of a hat. Let MSEC take the mystery out of the hiring process. We provide: Background Checks • Drug Testing • Behavioral and Skill Testing It’s not magic, it’s MSEC! Call 800.884.1328 or email pes@msec.org MAY-JUNE 2016 | 9
Staff Spotlight - Chelsea Jensen Chelsea Jensen started at MSEC on September 2, 2014 as a consultant in the Human Resource Services Department. She consults with a variety of employers on human resource issues, conducts training, and researches topics to create videos and articles to educate MSEC members. Chelsea is a member of the LoDo Toastmasters group, presented at MSEC’s 2016 Public Employers Conference, and wowed the crowd at the 2015 Mile High SHRM Human Resource Young Professionals (HRYP) Conference. Prior to joining MSEC, Chelsea was a benefits specialist at a large local bank in Buffalo, NY. She received her MBA with a concentration in Human Resources from Niagara University. I sat down with Chelsea and asked some questions to help our members get to know her better. How does your MBA impact your ability to support MSEC members? “My MBA helps me a lot in my HR Consulting role as CEOs and other top managers increasingly rely on HR managers to be strategic business partners. It has become more important for HR managers to understand business and financial principles, and having that MBA foundation helps me help members.” What is your favorite part about your job at MSEC? “I enjoy the challenges of being able to work with such a wide variety of industries and organizations. It’s fun to meet members face to face, help them learn, and facilitate the collaboration that happens in the classroom.” Where are you from? “I’m from Buffalo, NY, famous for chicken wings and of course, snow! I am so happy that Denver does not have winters like Buffalo. You actually get to see the sun here.”
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What brought you to Denver? “My job at MSEC! It was a unique opportunity for me to move away from Buffalo, but also to be able to work in all aspects of HR.” Chelsea welcomes challenges and strives to turn every situation into a positive, a quality she leverages to benefit MSEC members. In February, when I-70 was closed due to massive Glenwood Canyon rockslides, Chelsea spent 10 hours round-trip on snowy mountain roads to keep a training commitment to MSEC members on Colorado’s Western Slope. She arrived back in Denver just in time to deliver another training class. “The drive was beautiful, even though it was a little bit stressful. On-site training allows me to see parts of Colorado (and other areas!) I may not explore on my own.” In her spare time, Chelsea loves to cook and ski and to hike with her husband and her dog Claire. She recently completed an eight-month process to become a certified yoga teacher. Chelsea is renovating an older house in the historic Highlands neighborhood, and this summer looks forward to exploring more of her adopted home state.
Summer is Almost Here … What Will Your Employees be Wearing? Sue Wolf, Surveys
Dress code policies usually come to the forefront in the summer months with the return of flip flops, summer dresses, and shorts. Do you maintain a formal dress code? Do you make changes to your policy based on current fashion trends? Are dress code policies now becoming more lenient to attract and retain employees, especially Millennials? With summer quickly approaching, it is time for managers to remind their staff of the company’s dress code policy. Forty-eight percent of respondents in our 2015 Miscellaneous Benefits & Pay Practices Survey have a formal written appearance/dress code policy. This is down from the 51 percent reported in the 2009 Survey. Also down from the 2009 Survey is the percentage of employers allowing casual dress one day/week (31 percent in 2009; 29 percent in 2015). On the reverse side, employers that allow casual dress every day is up (18 percent in 2009; 21 percent in 2015).
What is the definition of casual dress? This can range from athletic wear to sports coats! Your definition should be based on what is appropriate for your organization. Twenty-nine percent of organizations allow business casual every day, but what defines “business casual”? The above survey data indicate a shift to a more casual workplace as the everyday casual dress policy versus one day a week has become more prevalent since 2009. If it’s time for you to add or update an appearance/dress code policy, refer to MSEC’s Employment Handbook Planning Guide at MSEC.org for sample language and legal considerations. MAY-JUNE 2016 | 11
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