Staffing Now, August 2015

www.ncasp.com

Vol. 15, Num. 8 August 2015

FALL TRAINING EVENT See page 5

Teague Campbell August Webinar page 3

Save the Date for Spring 2016 page 13

A Pregnant Pause: Legal Issues page 28

A Word from the President Happy Summer everyone!! Once again, your NCASP Board is in full swing planning for another great training event for the Fall. At the request of many members, we are planning to offer a one day training session in November at the Greensboro Country Club. We are pleased to have Donna Mallard and Amy Munroe scheduled to lead the sessions with lunch provided. It is priced so you can send several people from your office for just the day with no overnight charges needed. I am certain that this Fall Training Event will be well attended by our members.

The benefits of an NCASP membership will continue as the year progresses as well with several Regional Events in the works as well as our monthly Webinars. Please consider becoming a Member if you aren’t already. Right now, we are offering for you to get your Membership for half price for referring another new Member to NCASP. Please contact our Director of Membership, Lauren Story, for more information.

We need to look ahead and plan for our future as well and our future is in our leadership. If you would like to impact our industry in a positive way, consider joining our Board of Directors. We are always seeking new leaders who want to make a difference. Please contact any of our current board members for more information. I would like to welcome our newest Board members, Holly Holbrook, Sidney Minter, and Scott Fry. I am looking forward to your future contributions to our team. I want to take a moment to thank each and every one of our board members for all they do on a regular basis to make this association and our spring conference a major success year after year. Our board is the hardest working group with whom I have worked. It is an honor to work with each of you.

Michelle Coviello, CPC President 919.280.1671 // mcoviello@hirenetworks.com hirenetworks.com

In this issue Page 2 . . . . . . . . . . .Prez Message Page 3 . . . . . . . .August 26 Webinar Page 4 . . . . . . . . Fall Training Event Page 5 . . . . . . . . . Vendor Spotlight Page 6 . . . . . . . Essential StaffCARE Page 7 . . . . . . . Leadership Spotlight Page 8 . . . . . . . Worldwide Specialty Page 9 . . . . NCASP Donates to USO Page 10 . . . . . . . . . Careerbuilder Page 11 . . . . . . Your Elevator Speech Page 12-13 . . . . . . . . Legal Matters Page 14-15 . No Audience/No Problem Page 16 . . . . . . . . . . Membership

2 August 2015

STAFFING NOW THE VOICE OF NC EMPLOYMENT PROFESSIONALS

Volume 15, Number 8 August 2015 NCASP Address c/o HireNetworks 9716-B Rea Road #21 Charlotte, NC 28277 NCASP.com Michelle Coviello, CPC President mcoviello@hirenetworks.com Editor in Chief | Rita Bottoms rbottoms@theresource.com Vendor Relations | Mary Mallett, CPC mary@searchpro.com Past President/Digital Marketing Jonathan Weiner, CPC jonathan@ncasp.com Graphic Designer | Stacey Chacon stacey@staceychacon.com Contributing Writers: Rita Bottoms Joe Budzienski Michelle Coviello Matt Deutsch Janee Hill Leslie Lasher Mary Mallett Sidney Minter Janie Morgan Jason Perillo Ashley Pohl Lauren Story Jonathan Weiner Published by

Page 17-18 . . . . . . Vendor Contacts Page 19 . . . . . . . . . . . Mez Media Page 20 . . . . . . . Coloring Websites Page 21 . . . . NCASP Board Meetings Page 22 . . . . . . . . . . . .Outreach Page 23 Growth through Collaboration Page 24 . . . . . . . . Social Advertising Page 25 . . . . . . . . Sponsors’ Corner Page 26 . . . . . . . . Hire our Heroes Page 27 . . . . . . . Conference Photos Page 28-29 . . Pregnancy Discrimination Page 31 . . . . . . . . Vendor Members Page 32 . . . . . . . Board of Directors

Staffing Now is published twelve times per year.

For subscription inquiries, click here.

Archived issues are available online at ncasp.com.

Copyright 2015. All rights reserved.

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U.S. Supreme Court Case: EEOC v. Abercrombie & Fitch This case deals with religious discrimination during the hiring process and the failure of an employer to offer a reasonable accommodation as required by the Americans with Disabilities Act. Sidney will also discuss a topic that has drawn the ire of the Department of Labor-misclassification of employees.

This latter topic is a hot button issue that caused the DOL to issue a memorandum discussing how to determine whether a worker is an employee or an independent contractor. Whether an individual is classified as an employee or independent contractor impacts legal benefits that individual will be entitled to receive.

Register online:

https://global.gotomeeting.com/join/156660109

Questions?

For questions, please contact Jason Perillo 704.575.9444 jason@staffccs.com

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Presented by Sidney O. Minter, Associate at Teague Campbell Dennis & Gorham, LLP Sidney worked as a judicial intern for the Honorable Cheri Beasley of the North Carolina Court of Appeals, where he helped research and draft legal opinions. During the same summer, he worked as a legal intern for Progress Energy and prepared legal memoranda in the area of Corporate Law. Sidney worked as a summer associate at Teague Campbell and joined the firm as a full time associate the following year. He concentrates his practice between workers’ compensation and general civil defense litigation. He is a member of the North Carolina Association of Defense Attorneys, the North Carolina State Bar, North Carolina Bar Association, Wake County Bar Association, Capital City Lawyer’s Association, Susie S. Sharp Inn of Court and the Burlington Alumni Chapter of Kappa Alpha Psi Fraternity Incorporated. In 2014, Sidney jointed the Labor and Employment Law Section of the North Carolina Bar Association’s Newsletter Committee.

August 2015

3

FALL TRAINING EVENT Friday, November 13 Continuing Education: .6 CEU’s

INSPIRE, EDUCATE and ENGAGE Amy Munroe • Staffing eTrainer / MTS, Inc

Amy is a 29 year industry veteran and has held various positions with staffing companies from operations to sales and management. Amy has the experience of working with all size staffing companies nationwide which brings a valuable dynamic to her sessions.

Amy Munroe is the founder of MTS, Inc. The mission of MTS, Inc is to help staffing companies provide greater value to their clients, decrease time to full productivity for new team members, improve employee retention, and increase staff engagement. Since inception in 1999, we have provided performance improvement sessions to tens of thousands of staffing professionals.

Amy is also the COO of Staffing eTrainer, a sister company, which provides elearning to the staffing industry.

Donna Mallard • Mallard & Associates and Staffing eTrainer

Donna Mallard brings twenty-nine years of experience and expertise to her consulting, coaching and training programs/products. Her experience includes leadership, management, business development and customer service. Donna provides executive coaching, tailored staff development and web-based training (Staffing eTrainer), specifically for the staffing industry. These programs and web-based training are designed to improve the performance of individuals, teams, and organizations, in order to drive long-term effectiveness and winning outcomes.

DETAILS

REGISTER

When & Where

*One Day Only Friday, November 13 at the Greensboro Country Club 410 Sunset Drive Greensboro, NC 27408

Online Registration is available at NCASP.com

4 August 2015

Cost

Early Bird price: $129 After September 15: $159 After October 15: $189 Per-member; includes lunch and all day beverage service.

Schedule

Coffee & Muffins 8:30am Morning Sessions: 9:00 to 12:00 Lunch & Vendor Introductions: Afternoon Sessions: 1:30 to 4:30

Questions

Contact Mary Mallett, CPC 704-241-2996

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Vendor Spotlight

TogeTher, We heLP LoWer YoUr WorKerS CoMPeNSATIoN rISKS. Locating a trusted resource for risk management guidance can be risky, particularly when your business is in a highly-regulated, specialized industry. Fortunately, the Marsh & McLennan Agency [MMA] and its regional partner agencies have joined forces to build a customized industry-specific risk management program for your overall commercial insurance plan. Together, MMA and your local agency can provide more resources to help mitigate risk and reduce your long-term insurance expenses so your business soars high.

Together, we can move forward.

To learn more about how MMA and its regional partner agencies can help you side-step risky situations, visit SennDunn.com.

WorLD CLASS. LoCAL ToUCh. riSk management

employee benefitS

Surety bonDing

private client

Charlotte • Greensboro • High Point • Raleigh • Wilmington | SennDunn.com Copyright © 2015 Marsh & McLennan Company. All rights reserved.

PLUS...

LEARN

We Will Discuss...

•

How the staffing industry has evolved over time and become a strategic business solution for clients?

• •

Why employment law is critical to your success?

What two processes are the keys to staffing profitability?

• •

How you work with two clients?

What are the three skills guarantee success?

Thank you to Sarah Evenson at Senn Dunn Insurance for hosting our NCASP Fall Training Event at the Greensboro Country Club!

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August 2015

5

Introducing New Minimum Value Essential StaffCARE introduces ESC Bronze – our new fully-insured, ACA-Compliant major medical plan designed specifically to meet the unique needs of the Staffing Industry. Featuring unlimited in-patient benefits, ESC Bronze is a true major medical plan that satisfies 60%+ of actuarial value, and includes benefits for: • • • • •

Full In-Patient Hospitalization Preventive Care Physician Office Visits Hospice Maternity & Newborn Care

• Laboratory Services • Rehabilitative & Habilitative Services • Emergency Services • Pediatric Services

• Prescription Drugs • Mental Health & Substance Abuse/Behavioral Health

New ESC Bronze Benefits Employers, Ensures ACA Compliance New ESC Bronze provides full in-patient hospitalization benefits to ensure ACA compliance, and replaces firstgeneration Minimum Value Plans grandfathered through 2015. Employer benefits include:

No Minimum Enrollment/Participation Eliminates (A) Tax Employer Contribution Optional to Eliminate or Manage (B) Tax Unlimited In-Patient Benefits Electronic Or Paper Enrollment Must Offer ESC Indemnity Enhanced Technology Solutions & Administrative Support Alan Gilbert

Award Winning Leaders in the Insurance Industry | www.EssentialStaffCARE.com

Director of Strategic Partnerships alangilbert@essentialstaffcare.com (864) 527-7936 6 August 2015

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Leadership Spotlight

By Rita Bottoms, The Resource

Sidney O. Minter

Civil Litigation and Employment Law Associate at Teague Campbell Dennis & Gorham, since September 1, 2011

What are your primary job responsibilities?

I primarily represent employers in civil litigation matters.

Sometimes this requires me to advise employers before a lawsuit is filed, and other times it requires me to advise and represent employers during active litigation.

In which industries and functions do you specialize?I have represented employers in many different industries, including: staffing, healthcare, retail, and financial services.

Which aspects of your job get you revved up?

I love the competitive nature of civil litigation. I enjoy matching wits with different attorneys across the state.

Every move, no matter how small, can have a large impact on a case. I liken the strategizing and posturing of litigation to playing chess.

Which aspects of your job would you outsource if you could?

As much as I love my job, I would absolutely outsource document review, which is necessary to every case.

Document review is the process by which you review every document in a file, which can often include thousands of pages of medical records, personnel files or other documents.

Tell me about your professional life before joining your current company.

Before working for Teague Campbell, I worked as a banker for Branch Banking and Trust (BB&T) for about four years. During this time, I also attended graduate school at High Point University before deciding to pursue my dream of becoming an attorney. While at BB&T, I worked as a Relationship Banker and also as a Charitable Giving Specialist for the BB&T Charitable Foundation.

Why did you leave that industry for the recruiting/ staffing business?

I left my career in banking to attend law school in 2008.

Becoming a lawyer had always been a lifelong dream, and I did not hesitate to seize the opportunity. During my second year of practice, I noticed my clients included quite a few staffing agencies. I also noticed many of

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these organizations experienced some of the same legal problems. So, I decided to focus on the industry so that I would be well-positioned to develop creative ways to solve some of the problems unique to the staffing industry. The first step I took to that end was attending NCASP’s annual conference and the rest is, as they say, history.

How did your pre-staffing/recruiting life help prepare you for your current career?

My career in banking helped me in my current role in many ways. Most importantly, I learned the importance of building strong relationships. You can find a good law firm on almost every corner; however, I learned that no matter how good of a lawyer you may be, without building meaningful relationships with people, you will not thrive in the competitive legal market. This approach, I would imagine, is just as important in the staffing world as well.

Has your NCASP membership benefited you thus far?

If so, how?

My NCASP membership has benefitted me in many ways.

I have been able to meet and build relationships with a group of passionate, highly skilled, professionals. My firm has been able to present to NCASP member organizations regarding budding legal issues. The relationship has been beneficial to all parties involved—I believe.

Why did you join the NCASP BOD? I joined the Board of Directors because I was and am impressed with the leadership of the organization. I also believe I have an interesting perspective that I am happy to share with the group. I am interested in the staffing industry and there are many interesting legal issues that will directly or indirectly impact the industry. I look forward to the challenge of tackling these issues and advising the Board regarding same.

Anything else you’d like to add about your personal or professional life?

I am a huge basketball fan, and some might even say I am addicted to the sport. Also, I enjoy exercising, blogging and listening to music.

August 2015

7

VISION..

..SEEING SOLUTIONS WHEN OTHERS CAN’T

THE STAFFING INSURANCE SOURCE

World Wide Specialty Programs, Inc. · World Wide New York Insurance Services, Inc. - CA, NH, TX

631-390-0900 · 800-245-9653 · fax 631-390-0922 · wwspi.com

8 May 2015

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NCASP GIVES BACK Proud to be an American This past week, I had the honor to walk in the Summit Project behind our loyal veterans who were hosting a stone dedication event for our recent Maine soldiers who have made the ultimate sacrifice. Stones with their names imprinted on them were carried by a family member or friend and once we arrived at our destination, they gave a poignant speech on each military person who had died fighting for our freedom.

This honorable display is in my hometown of Lincoln, Maine. My husband, the Commandant of the Marine Corps League and I have volunteered at the USO/ NC and it is a very worthwhile cause which assists our military and their families. This heartwarming dedication walk can be seen on WABI.com. ~Mary J. Mallett Janee Hill (left) and Michelle Coviello (right) present a check to Anna Martin, RDU Assistant Director of USO of North Carolina.Thank you, NCASP for donations supporting this worthy cause!

HIGHER EFFICIENCY, COMPLIANCE, AND SATISFACTION WITH AN INTEGRATED SCREENING PARTNER Now you can automate and streamline all of your hiring activities electronically from start to finish — with compliance built in. TalentWise Hire™ makes it easy to manage job offers, background checks, drug screening, E-Verify, new hire forms (including I-9), and more.

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Learn more at TalentWise.com or call 877-893-6126.

The Smarter Way to Hire ©2015 TalentWise, Inc

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August 2015

9

TOP STAFFING INDUSTRY TRENDS CAREERBUILDER STAFFING & RECRUI FOR THE BIGGEST DISTRUPTIONS ARE THE ONES YOU DON’T SEE COMING RESOLVE TO GET AHEAD 2015 Content Offerings TING GROUP OF THEM THIS YEAR WITH A LITTLE HELP FROM CAREERBUILDER As a dedicated staffing industry professional, you may have set goals for 2015 – but have you considered how some of the recent developments within the industry may affect them? By being aware of this year's biggest staffing trends and resolving to do something about them, you’ll add value back to your business and truly make a name for your firm as 2015 gets into full gear.

TREND NO THE WAR FOR TALENT IS RAGING Resolution for 2015: Show the skills gap who’s boss. How? By building a stronger employment brand, paying employees a fair wage, creating training opportunities for your employees and promoting from within, investing in necessary job skills, and taking beœer advantage of candidate referrals.

Did you know? 2 in 5 candidates see a skills gap in their particular industry, according to Inavero and CareerBuilder's 2014 Opportunities in Staffing Study. Despite this, many believe staffing firms can help overcome that gap. Thirty-seven percent of candidates are also noticing that the skills gap limits employment opportunities, and 33 percent recognize their skills are different than what is needed by most employers.

TREND NO DEMOGRAPHIC SHIFTS ARE CREATING A DIVERSEž MULTIGENERATIONAL WORKFORCE Resolution for 2015: Find out what makes your workers tick – from the silent generation to the social natives.

While it’s true you definitely shouldn’t brush with broad strokes when it comes to leading your workforce, recognizing that different generations may have different needs will help you be er understand and lead them. Successfully lead your multigenerational workforce by respecting varying communication styles, foreseeing potential culture clashes and correctly interpreting your employees’ signals.

TREND NO ¢ BUILDING A TALENT PIPELINE THAT “RE-RECRUITSâ€? TALENTED WORKERS IS ESSENTIAL Resolution for 2015: Capture more candidates and reduce drop-off by continually engaging your potential talent. The key to workforce planning is all about creating and nurturing a database of pre-qualified candidates so they’re ready to be contacted and called in to interview at any moment.

An easy-to-find, branded talent network will help you capture and re-engage more candidates over a longer period of time, as it works behind the scenes to send members targeted job alerts when your new positions are posted. Did You Know? 65% of candidates are likely to accept a future staffing firm assignment.

TREND NO  SMILEž YOU’RE ON CAMERA Resolution for 2015: Amp up your employment brand. A whopping 91 percent of candidates have said a potential employer’s brand plays a big part in whether or not they apply to a job.

Did you know? Two-thirds of staffing firm clients use social media to some extent for recruiting. A third of clients never use social media for recruiting purposes, and another 27% do so rarely (monthly or less). Knowing that about half of clients are regularly using social media creates the perfect window for staffing firms to persuade potential clients of the firm’s social media savvy and resulting success in recruiting.

TREND NO SMARTPHONES ARE EVERYWHERE – AND CANDIDATES EXPECT A MOBILE-FRIENDLY EXPERIENCE Resolution for 2015: Create and execute a mobile recruitment strategy. There’s no sense in fighting against the rising tide: 71 percent of staffing firm candidates have searched for a job on a mobile site, and those statistics will only increase as we move into 2015.

Did you know? Candidates aren’t the only ones using mobile. 65 % of clients correspond via text with someone from their staffing or recruiting firm and 44% review applications submi ed by from their firm via their mobile device. Client smartphone ownership continues to grow in 2015, with now more than nine in ten having a smartphone. Clients are using all those smartphones to heavily interact with their staffing firms.

Visit www.OpportunitiesinStaffing.com for more findings from CareerBuilder's Opportunities in Staffing Study.

www.facebook.com/CareerBuilderforStaffing

10 August 2015

www.twi er.com/CBforEmployers

www.TheHiringSite.com

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Vendor Feature

by M a t t D e u t s c h , To p E c h e l o n

Why Your Firm’s Elevator Speech is Still Relevant Your elevator speech is the one-minute explanation of who you are, what your firm is, and what you do. It’s called an elevator speech because you need to be able to explain your company and services in the time you have between floors on an elevator ride.

Elevator speeches have been a tool salespeople and executives have used for a long time. Most often, it’s used in person when meeting anyone and everyone. However, your elevator speech is not something that should only be used when meeting people face-to-face.

For recruiters who spend a great deal of time on the telephone, the elevator speech should be tailored for use on the phone with every new prospect, candidate, or client.

So, even if you don’t meet clients in public, go to trade shows, go to career fairs, or otherwise work face-to-face, you still need a good elevator speech. So, what is your elevator speech?

Below is an example of a good elevator speech: “XYZ Recruiting Inc., is a professional employment search firm. We work primarily with companies in the biotechnology industry that have 150 employees or fewer to provide them with superstar employees. Our services start with helping our clients develop strong job descriptions and progress throughout the search process to find, interview, and qualify the most talented and skilled people available and help our clients hire them. The process of finding and hiring highly-skilled people is different with every client we work with, and we pride ourselves on providing services tailored to each employer. I’m the owner of the firm and have been a professional recruiter for the past 14 years. In that time, I’ve successfully located and placed more than 200 highly talented and motivated employees with industry-leading employers like Biodyne and Procor.”

The first step to creating your elevator speech is to make sure you have some type of a plan. All that really means is that you know what you’re trying to accomplish every time you use the speech.

Now that you have a first draft of your elevator speech completed, you need to review it. Distill your message down as far as you can, so that you have the clearest message possible. Make sure your message is memorable by including some kind of hook.

Consider how your elevator speech fits in with your overall company image. How does it relate to the image that you want to present? Once you have the elevator speech, consider using a derivative of it on your website to explain what your firm does.

The element that makes your elevator speech compelling is your passion. It’s the manner in which you deliver your message. So practice and even edit your speech until you can comfortably deliver your entire message in less than one minute with passion, confidence, and control.

There are two key components that are necessary in any elevator speech.

Once you’re comfortable with the message, start using it with every new person you meet in person and on the phone. A few slight tweaks to the message will allow you to use very similar messages with both clients and candidates.

#1—Description of your firm and its services This is where you concisely define what your firm does.

Don’t waste time saying things like, “We are an industry leader.” Just get right to what you do and say it plainly.

Explain what you do and a little bit about how you do it better than your average competitor. #2—Who you are Talk about your experience and your expertise. Remember, the person you’re talking to is more likely to remember you, the person, rather than the company for which you work, so make this the part of the speech that stands out.

Use examples of your successes to illustrate the services you and your firm provide. This is where you can include some “sizzle” to spice up your message. But remember you have less than a minute to say it all.

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August 2015

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Legal Matters Sidney Minter, Attor ney, Teague Campbell

Case Summary - EEOC v. Abercrombie & Fitch On June 1, 2015, the United States Supreme Court issued an opinion in EEOC v. Abercrombie & Fitch Stores, Inc. The majority opinion, authored

by Justice Antonin Scalia, analyzed whether an employer must have actual knowledge of an applicant or employee’s religious belief before the protections of Title VII attach to him or her.

In this case, Abercrombie & Fitch Stores, Inc. adopted a “Look Policy”

that governed the way its employees dressed while at work. The policy explicitly prohibited “caps” from being worn. However, the Policy did not define the term “cap.” Samantha Elauf, a practicing Muslim, often wore a headscarf, in accordance with her religious beliefs.

She applied for a position with Abercrombie in which she wore her headscarf to an interview. Based on Abercrombie’s evaluation process, she was given

a rating sufficient for her to be hired.

However, Heather Cooke, the store’s Assistant Manager, was concerned that Elauf’s headscarf might interfere with Abercrombie’s Look Policy.

As a result, Cooke spoke to her District Manager, Randall Johnson, regarding whether Elauf’s headscarf violated Abercrombie’s Look Policy.

She informed Mr. Johnson that she believed Elauf wore the headscarf because of her religious beliefs.

Mr. Johnson indicated that Elauf’s headscarf would violate the Look Policy, as would any other headwear— religious or otherwise.

Elauf was not hired and the Equal Employment Opportunity Commission actually filed suit against Abercrombie alleging that it had violated Title VII. Specifically, the EEOC alleged that Abercrombie refused to hire an applicant in order to avoid accommodating a religious practice. The District Court granted summary judgment in favor of the EEOC. On appeal, the Tenth Circuit Court of Appeals reversed this decision holding that an employer cannot be held liable under Title VII for failing to accommodate a religious practice until the employee or applicant provides the employer with actual knowledge of his need for an accommodation.

The Court began its analysis by examining Title VII and its prohibitions against employment discrimination.

The Court examined the concept of disparate treatment, which occurs when an employer intentionally discriminates against an applicant or employee. The Court also discussed the concept of disparate impact, which occurs when an employer attempts to enforce a facially neutral policy that has an adverse impact on a protected group. Abercrombie argued, unsuccessfully, that a plaintiff cannot show disparate treatment without first showing that an employer had “actual continued on page 13...

12 August 2015

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Legal Matters ... Continued from page 12 knowledge” of his need for a reasonable accommodation. The Supreme Court disagreed with this position indicating that an applicant need to only show that his need for an accommodation was a motivating factor in an employer’s adverse employment decision.

In other words, if the employer had any inclination that an applicant might require an accommodation, and made an adverse employment decision to avoid providing the accommodation, Title VII would be violated.

The disparate treatment provision of Title VII forbids employers from refusing to hire an applicant because of that individual’s religious beliefs. With respect to this case, The Court made a few preliminary determinations: (1) Abercrombie did not hire Elauf; and (2) at the time she was interviewed, she was wearing a headscarf in accordance with her religious belief. The final element the Court examined was whether Abercrombie failed to hire her “because of” her religious practice.

The Court emphatically stated that Title VII does not impose a knowledge requirement on would-be employers.

The Court succinctly defined the rule governing disparate-treatment claims

based on a failure to accommodate a religious practice. That rule was defined as follows: An employer may not make an applicant’s religious practice, confirmed or otherwise, a factor in employment decisions. Further, the Court determined that Congress never included language related to an actual knowledge requirement in Title VII. The Court stated that it would not rewrite the law to include an element that Congress has not addressed.

The Court also struck down Abercrombie’s argument that its “Look Policy” was neutral and therefore could not constitute “intentional discrimination.” The Court countered this argument by stating emphatically that Title VII does not demand mere neutrality with respect to religious practices; instead, these practices have been given favored treatment.

The Court noted that an employer is entitled to incorporate policies that are neutral, but when an applicant requires a religious accommodation, Title VII requires employers’ otherwise neutral policies to give way to the need for the accommodation, so long as it is reasonable. The Court reversed the Tenth Circuit’s decision and remanded

the case to the trial court.

This decision by the Supreme Court clarified any belief that employers must have actual knowledge that an applicant or employee needs a religious accommodation.

The decision clarifies the Court’s position with respect to religious beliefs in the context of accommodations. The Court requires employers to provide a favored position and employers’ constructive knowledge that an applicant or employee may need a religious accommodation is sufficient to trigger the protections of Title VII. Going forward, employers need to revisit their appearance policies. Also, employers need to make sure that their management level employees are well versed in Title VII’s requirements.

Additionally, employers need to train their employees on how to handle a situation in which an applicant or employee wears clothing that may interfere with an appearance policy.

Because the Court is focusing on motive and not actual knowledge, many more employers could find themselves between the crosshairs of a discrimination lawsuit.

Save the Date!

May 12-13-14, 2016 • Wrightsville Beach, NC Janee Hill, Conference Chair Stay tuned for more details coming soon!

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August 2015

13

Social Advertising

By Joe Budzienski, Vice President of Product and Technology, Monster

No audience? No problem.

How social advertising enables you to be in front of the candidates you desire, even if they aren’t already in your candidate communities.

You work for a firm that staffs clinical researchers in the pharmaceuticals/ biotech industry. One of your top customers has asked that you help them staff bench scientists, which is adjacent to your direct area of expertise. Ultimately, this means a whole lot of new roles to fill — and in a very different candidate community than you’ve been working in previously.

So how does one discover, get in front of and engage with an audience they don’t know? And more importantly, how do they do this efficiently?

The answer? Social media. In particular, social advertising and the wealth of data that powers many of the largest social networks, such as Facebook and Twitter.

TWITTER HAS 302 MILLION

Why is that? Because it’s targeted to you. Social media — and what you say on those platforms — is all about who you are, often it’s about both the personal and professional you. If that data could be coupled with resume and profile data, you can imagine how impactful a tool you’d have.

Let’s say, for example, you had to target a slew of sales professionals who live in Maine to staff a new office.

With a tool like Monster Social Job Ads, you could serve them up a sponsored tweet built off of what they might have said on Twitter — and what they might have put in their resume on Monster.

USERS. NOW IF WE CAN JUST ELIMINATE THE 301,999,999

You probably spend a lot of your day — though none of your workday, right?

— on social media platforms. You probably see advertisements there, too. If you put your mind to it right now, I bet you’ll remember the last social media ad you saw.

YOU’RE NOT INTERESTED IN RECRUITING.

1

This gets you in front of an audience on Twitter that you didn’t have to build from scratch, and gets it done at an efficient spend.

RECRUITERS WHO USED

SOCIAL MEDIA

FOUND A 49% IMPROVEMENT IN

CANDIDATE

QUALITY. WHICH IS ONLY RELEVANT IF YOU

WANT TO PLACE GOOD PEOPLE.2 INTRODUCING

MONSTER SOCIAL JOB ADS

SOLUTIONS

When you’re recruiting on Twitter, the challenge is not finding enough people, but the right people. Monster has the sophisticated targeting technology to precisely pinpoint the best candidates for the job. And we can help your open requisitions stand out among the thousands posted each day. It’s just one of the ways Monster can help you extend your reach, make better connections, and deliver the right solutions.

3

YE KAN

And as for that recent ad you remember seeing in your feed, you probably didn’t even realize it was an advertisement.

That’s because advertising on social media tends to appear native. There isn’t some loud break in the content that screams to the world, “This is an advertisement, feel free to use the restroom before your content resumes!” on social media.

(Continued on page 15...)

Find Better Talent.

1. www.about.twitter.com/company 2. http://blog.capterra.com/top-15-recruiting-statistics-2014/ 3. http://thenextweb.com/socialmedia/2012/10/08/over-half-of-american-job-seekers-use-facebook-to-help-find-work-linkedin-and-twitter-are-gaining/

14 August 2015

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Membership (...Continued from page 14) Social media is really all about making meaningful, deep connections with individuals. When you harness everything Twitter knows, plus everything Monster knows, about an individual, the ad that a job seeker sees will truly be right for them.

And the data shows that the candidates are on social media. Companies have reported that nearly 60 percent of their best quality candidates have been sourced through social networks.1 Why overlook a platform with so many good job candidates?

(Nearly 300 million of them, in fact).

This is not only a new frontier in recruiting and staffing; it’s a new frontier in advertising. Just like any organization, you’re only going to get so far with organic messaging, word of mouth and traditional tricks of the trade. Would you rather spend your time building a community, or engaging with a community?

The candidates are out there.

They’re always looking. And just like you, they’re spending their day on social media. They’re getting served ads for all manner of products and services — why not serve them up a better job?

(Endnotes) 1 http://cake.hr/blog/social-recruiting-2013/

B y L a u r e n S t o r y, C V S t a f f i n g

Why Join NCASP? Oftentimes Staffing Owners and Staffing Members ask us why should we join NCASP? The successful start of a recruiting agency involves a solid business plan, a background in recruitment strategies, knowledge of laws about licensing, hiring and taxes, and a marketing plan for gaining clients.

Why not form a strategy from a local perspective by creating strategic partnerships with other staffing firms who can share their experience in the market? NCASP encourages sharing resources amongst one another which provides greater leverage in the marketplace!

Education: NCASP offers regular educational opportunities to our members. We strive for a minimum of 8 webinars annually, covering topics such as legal issues, sales training, and recruiting strategies. This is in addition to our outstanding Conference each Spring, which continues to bring nationally recognized speakers and trainers as well as opportunities for certification.

Outreach: NCASP focuses on outreach to professionals in North Carolina. This includes candidates, clients, potential employees, and legislators. There is no secret that Healthcare Reform will alter the economic landscape to some degree once fully implemented. NCASP wants to stay ahead of the curve and make sure we have the ability to influence where appropriate. We also want to make sure our membership is aware of issues that could potentially affect their businesses.

Finally, we strengthen our relationships with both our national associations, ASA and NAPS, to offer more ways which we can take advantage of the resources they offer.

Welcome to Our Newest Members!

Rebecca Hardin, CERS, Verigent, LLC 704-658-9101, www.verigent.com rhardin@verigent.com James Kemper, Jr. CPC W. H. Meanor & Associates 704-372-7640, www.whmeanor.com jms@whmeanor.com Sue Kemper W.H. Meanor & Associates 704-372-7640, www.whmeanor.com skemper@whmeanor.com Jason Perillo, CSP, TSC CCS Construction Staffing 704-575-9272, www.staffccs.com www.evolvepersonnel.com jason@staffccs.com

Ed Kato Atlantic Talent Acquisition Consultants, Inc. (ATAC) (919) 263-9477, www.atac-inc.com ed.kato@atac-inc.com Lewis Nantz, ACT 704.913.8700, lewnantz@reagan.com Myles K. Sherrill CWCP, CLCS Pritchard & Jerden 404.949.1078, MSherrill@pjins.com Scott Fry of Aerotek 336.935.4228, sfry@aerotek.com To join NCASP, please contact Lauren Story at 828.624.9104 lauren@cv-staffing.com or visit ncasp.com.

LIKE US ON FACEBOOK! NCASP.com

August 2015

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Membership JOIN NCASP

Join Now:

Now is the time to join North Carolina’s only association dedicated to the advancement of staffing and recruiting companies.

$199 Solo/Individual Membership $299 Corporate Membership

What does your NCASP Membership offer?

Visit NCASP.com/join-now to get started.

• • • • • • • • • •

Networking and Business Opportunities Discounted Educational Opportunities Regional and State events as well as Industry Certifications Legislative Information & Advocacy Contact with Nationally Renowned Industry Leaders & Trainers Access to Great Vendor Products & Discounts Visibility on NCASP Website Listing in the Online Directory Bi-monthly Digital Newsletters – Staffing Now (Ezines) Added Credibility in Your Community and with Your Clients

For questions on Membership

Please contact Lauren Storey, CPC, CTS Director of Membership 828.624.9104 lauren@cv-staffing.com

About NCASP:

The function of NCASP is to promote the staffing industry in a positive, educational and ethical manner and act as a watchdog for legislation which might adversely affect the industry. NCASP is the only trade association in NC that represents ALL areas of the staffing business – temporary, direct hire, long term staffing, executive recruiting, contract employment and everything in between. www.ncasp.com

WE CARE

ABOUT YOUR TEMP STAFFING ACCOUNTS

OUR SERVICE IS PROOF

Come see us at the NCASP 2016 CONFERENCE

• 20+ Years Writing Workers' Comp for Temp Staffing Businesses • In-House Underwriting • Team of Staffing Specialists • Exclusive A+ Rated Carrier • Pay-As-You-Go Program • Available in All States

Jennifer Porter

800-970-9778 x107 JLPorter@nsminc.com www.staffinglines.com

16 August 2015

NCASP.com

2 0 1 5 V E N D O R PA R T N E R S PLATINUM KEY SPONSOR

GOLD SPONSOR

Alan Gilbert at Essential StaffCARE Specializing in the development of voluntary, payroll deducted insurance products designed for Staffing Industry employees. 864.527.0474 alangilbert@iagbenefits.com

Robert Thompson at World Wide Specialty Programs Staffing Insurance Resource 800.245.9653 x 112 rthompson@wwspi.com

SILVER LEVEL SPONSORS Melissa Cleary at Teague Campbell Paul Burgess at CareerBuilder Our attorneys are on top of things Internet Career Site and Job Boards 919.873.0166 mcleary@teaguecampbell.com 312.698.0654 paul.burgess@careerbuilder.com Sidney Minter at Teague Campbell Our attorneys are on top of things 919.873.0166 sminter@teaguecampbell.com

Aubrey Caldwell at CareerBuilder Internet Career Site and Job Boards 312.698.0930 aubrey.caldwell@careerbuilder.com

Meg Alexander at Monster.com Job Board & Recruitment Software 978.930.1083 Meg.Alexander@monster.com

Jonathan Weiner at Mez Media Digital Marketing Specialists Web, Email & Video 704.875.2891 jonathan@mez.media.com

BRONZE LEVEL SPONSORS Spruill Alexander at The Clement Companies Jill White at Womble Carlyle Sandridge & Rice A Towne Insurance Agency Attorney at Law/Employment Issues 252.756.8300 ext. 204 salexander@towneinsurance.com 336.574.8095, 803.316.5791 Jill.White@wcsr.com Michael Atieh at Assurance Staffing Insurance and Risk Management Brokers 847.463.7207 matieh@assuranceagency.com

Janie Morgan at Womble Carlyle Sandridge & Rice Attorney at Law/Employment Issues 919.755.2176 jhmorgan@wcsr.com

Kerri Quigley, CPCU, ARM, AU at Assurance Independent Insurance Brokers 847.463.7291 kquigley@assuranceagency.com

Gemma Saluta at Womble Carlyle Sandridge & Rice Attorney at Law/Employment Issues 336.721.3576 gsaluta@wcsr.com

Scott Ravanesi at Assurance Independent Insurance Brokers 847.463.7166 sravanesi@assuranceagency.com

Joseph Doyle at TalentWise Solutions Hiring Process Management & Compliance 919.359.2097 jdoyle@talentwise.com

Mark Demaree at Top Echelon Helping Recruiters Make More Placements 330.455.1433 mdemaree@topechelon.com

BRONZE LEVEL SPONSORS Susan Bowser at CNP Technologies Proud partner of ShoreTel Sky; managed phone solution that integrates with most popular applicant tracking systems 919.287.3966 sbowser@CNP.net

Debbie Fledderjohan at Top Echelon Helping Recruiters Make More Placements 330.455.1433 dfledderjohann@topecheloncontracting.com Wesley Clark at CNP Technologies Proud partner of ShoreTel Sky; managed phone solution that integrates with most popular applicant tracking systems 704.927.6622, wclark@CNP.net

NCASP.com

Jennifer Porter at NSM, Staffing Lines Offering Staffing Insurance Solutions 610.941.9877 x107 JLPorter@nsminc.com Gus Kontogianis at All Risks Comprehensive Insurance tailored for the Staffing Industry 516.497.5795 Gkontogian@allrisks.com

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STANDARD BOOTH SPONSORS George Mavrantzas at Global Cash Card Systems + Service = The Formula for Paycard Success 904.993.0469 gmavrantzas@globalcashcard.com

Sean Kelly at Alere Toxicology Drug Testing Solutions 919.803.4648 sean.kelly@alere.com

Tom Sarach at COATS Sql. Fully Integrated Staffing Software 800.888.5894 tsarach@coatssql.com

Brent Patterson at Priority Background Solutions, Inc. Search their past, Protect your future 704.798.0261 brentpatterson@prioritybackgroundsolutions.com

Karen Conner at COATS Sql. Fully Integrated Staffing Software 800.888.5894 kconnor@coatsql.com

Dustin Mooney at Priority Background Solutions, Inc. Search their past, Protect your future 704.798.0261 dustinm@prioritybackgroundsolutions.com

Judy Collins at TFI Resources The Independent Recruiters Resources for Temporary and Contract Placements 713.975.7576 Judy@TFIresources.com

Matt Gallagher at Avionte Front and Back Office Staffing Software 770.852.2536 matt.gallagher@Avionte.com

Rich Petersen at TempWorks Integrated Payroll Processing & Funding Staffing Software 770.237.0065 richp@tempworks.com

Lisa Abernathy at Wells Fargo Insurance Liability & Workers Comp Insurance 813.636.5329 lisa.abernathy@wellsfargo.com

Sarah Doggett Evenson at Senn Dunn Insurance Business Insurance 336.346.1375 sevenson@senndunn.com

Cassie Watkins at Wells Fargo Insurance Liability & Workers Comp Insurance 704.556.2569 cassie.watkins@wellsfargo.com

Making Insurance an easy process for the Staffing Industry Over 20 years of experience in working with Staffing Companies makes a difference.

Our Team looks forward to being a part of your team. 78% of the Staffing Companies that we meet with move their business to the Clement Companies.

18 August 2015

Spruill Alexander, Vice President 105 Arlington Blvd.

Greenville, NC 27858 Phone: 252-­‐756-­‐8300 ext. 204 Cell: 252-­‐714-­‐8671 salexander@towneinsurance.com

NCASP.com

Digital Marketing

New Production Studio to Open Q4 August 10, 2015 - Release - NCASP Past President & Hall of Famer, Jonathan Weiner, CPC who also is the CEO of Mez Media Inc. just broke ground on a 4,300 sq. ft commercial studio to be located in the Lake Norman area of North Carolina. We will now be able to offer digital media solutions for those professionals or companies that do not have the office environment they want to showcase now. It’s also a great lower-cost solution to get introduced to video and headshot photography. “After traveling across North American to film many staffing and recruiting firms, it will be nice to focus on the local markets here in Charlotte, NC and be able to help other recruiting and staffing firms in North Carolina” states, CEO Jonathan Weiner, CPC The studio will be equipped with a 15’x15’’x30’ and 15’ high White Cyc Wall, make-up artist/changing room, shower, and kitchen area. The Client lounge area will be a place to review images and clips before post production happens.

This has been a dream of mine and with the growing needs of our solutions, it only makes sense.

NCASP.com

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Vendor Feature B y M a t t D e u t s c h , To p E c h e l o n C o n t ra c t i n g , I n c .

What Are the Best Colors for Recruiting Websites?

Choosing a color scheme for your website might not be as black and white as you think. Since we’ve been designing and building websites for over 15 years for the the recruiting and staffing industry, one of our customers asked the following question: “What are the best colors for recruiting websites?”

Before we can answer that question, the critical question you need to answer is, “Which color is best for MY website?”

Because, a recruiting firm that places attorneys in New York City will have a different customer base than an agency that works with maritime companies in San Diego.

Color choice for your website should accomplish two goals: first, resonate with the intended audience and second, represent the emotions that your company wants to elicit from that audience. Therefore, it’s critical to understand

the demographic profile and mindset of your customer base before selecting a color scheme. Equally important is deciding how you want the audience to respond when they see your website. Selecting the right colors can help build relationships with your website visitors.

The table below is a list of colors and the emotions and meanings they tend to portray: Which colors comprise your recruiting or staffing agency’s website? Based on the information above, should you make any changes to those colors? Would a different color scheme represent your agency and what you’re wanting to portray in a better fashion?

Recruiters are making more placements than ever with their websites. Don’t miss out! Get your site ready for the second half of the year and for another great year in 2016.

BLUE

RED

YELLOW

Blue is associated with honesty, trust, dependability, and cleanliness. It’s the most favored color and therefore, the safest to use. It provides a corporate feel. Blue also slows the pulse rate and reduces the appetite, whereas red increases both the pulse rate and the appetite. Blue is calming and conservative. However, too much blue can be seen as rigid and predictable.

Red is full of energy, and it’s this intense color that calls for action to be taken and demands attention. It’s associated with action, excitement, passion, and desire. It’s also the universal sign for danger, and can be used to evoke anger. Red can be used to excite and motivate, but too much can cause a negative reaction.

Yellow is associated with sunshine, joy, happiness, intellect, and energy.

It evokes cheerful feelings and stimulates the mind. Bright yellow grabs attention, whereas pale yellow evokes caution or sickness. Too much yellow can evoke a feeling of anxiety; therefore, it’s best used as a highlight color.

ORANGE

GREEN

PURPLE

Orange is a flamboyant color that combines the energy of red and the happiness of yellow. It evokes adventure, enthusiasm, and optimism.

Like red, it stimulates the appetite.

Too much orange can give the impression of being cheap.

Green is associated with health, nature, healing, recycling, and the environment. Lighter greens cause us to think of things being fresh, whereas darker greens bring to mind thoughts of wealth and money.

Green is a balancing and calm color, but too much green can evoke feelings of greed and envy.

The color purple is tied to royalty. It conveys luxury, spirituality, fantasy, and dignity. Purple relates to premium service and high quality.

Purple tends to be more relatable to women’s and children’s products.

However, it also inspires intellect. Too much purple can evoke arrogance.

BROWN

WHITE

BLACK

Brown is associated with strength, the outdoors, friendliness, and comfort. It suggests stability and is earthy. Men seem to like brown much more than women. Too much brown can be dull and boring.

White is seen as clean, pure, and safe. White is calming and evokes feelings of freedom and simplicity.

Too much white can portray coldness, separation, and isolation.

Black is the color of authority and power. It’s viewed as protective. It’s also associated with death, fear, and evil. A black background reduces readability, but contrasts well with bright colors. Combining black with red, orange, or gold provides an aggressive color scheme.

20 August 2015

NCASP.com

NCASP BOD MEETINGS 10:00am teleconference unless otherwise specified • September 10 • October 8 • November 12 Planning Retreat • December 10 CALLING NEW BOARD MEMBERS! Anyone who has interest in serving on the Board of Directors, please contact Michelle Coviello, CPC at 919.280.1671 or email: michelle@ncasp.com

The Fall Planning Retreat is such an important event to ensure a successful year for NCASP in 2016. Join us as we collaborate on networking opportunities, webinars, regional events, and our 2016 Annual Training Event.

NCASP.com

All NCASP Board of Directors are encouraged to join us for our 2015 Fall Planning Retreat at the Grandover in Greensboro on Thursday, November 12th from 11:00am through 7:00pm Dinner.

Please RSVP to Michelle Coviello at 919.280.1671.

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Outreach

By Ashley Pohl, Aerotek

Mark Your Calendar!

Hello members! The Outreach Committee has been very busy and is excited to share these events coming up over the next few months. Please keep an eye out for emails with more details and registration instructions for each event. See you soon at an event near you! ~ Ashley Pohl // Director of Outreach // 336.455.8817 // apohl@aerotek.com August 26, 12:00 Noon Webinar (See page 3 for details)

October 1, 4:00 to 6:00 PM NCASP After Hours, Uptown Charlotte, Location TBA

November 13 Fall Training Event at the Greensboro Country Club (See page 5 for details)

ilf

nationwide.

PROUD MEMBER OF NCASP.

ASSURANCEAGENCY.COM

Insuring over 500 staffing clients Michael Atieh, CPCU, ARM, SCLA, Senior Vice President 847.463.7207 | matieh@assuranceagency.com

Silpada, Patti Hogan 910.842.6687 // pnpbogie@atrnc.net // www.mysilpada.com/patti.hogan 22 August 2015

NCASP.com

Social Advertising

By Leslie P. Lasher, Teague Campbell (Raleigh)

Are your Independent Contractors really Employees?

How social advertising enables you to be in front of the candidates you desire, even if they aren’t already in your candidate communities.

According to the Department of Labor’s (“DOL”) most recent guidance on the difference between an “employee” and an “independent contractor,” the answer to this question is likely: “Yes.” On July 15, 2015, the DOL issued an Administrator’s Interpretation on the application of the Fair Labor Standards Act’s (“FLSA”) standard used to identify employees who are mischaracterized as independent contractors.

The Interpretation clarifies in detail how to determine whether an employer has improperly characterized an employee as an independent contractor. According to the Interpretation, most workers should be considered employees under the FLSA, even in trades which have traditionally employed independent contractors such as janitors, construction workers, and traveling nurses.

Because classification as an employee will likely require the employer to provide the minimum wage, overtime, unemployment and workers’ compensation insurance, among other things, we recommend that employers become familiar with the “economic realities test” that is being used to determine this issue.

In determining whether a worker is an “employee” or an “independent contractor,” the following six factors of the “economic realities” test are relevant: 1. Is the work an integral part of the employers business?

Here, if the work performed is integral to the employer’s business it is more likely that the worker is economically dependent on the employer. In other words, workers are more likely to be employees if they perform the primary work of the employer.

2. Does the workers’ managerial skill affect the workers’ opportunity for profit or loss?

A worker in business for him or herself faces the possibility to not only make a profit but also to experience a loss.

A worker’s decisions to hire others, purchase materials and equipment, advertise, rent space, and manage time tables may indicate that the employee has managerial skills that will affect the opportunity for profit or loss beyond a current job.

considered an independent contractor. Investing in tools or equipment is not necessarily an investment. Only when the investment is significant when compared to the employer’s investment will the worker be considered an independent contractor.

4. Does the work performed require special skill and initiative?

A worker’s business skills and judgment, not his or her technical skills, will be analyzed in order to determine whether the worker is economically independent.

5. Is the relationship between the worker and the employer permanent or indefinite?

The key here is whether the lack of performance or indefiniteness is indicative of the worker running an independent business. If there is some indefiniteness, the inquiry is whether it is due to “operational characteristics intrinsic to the industry,” like staffing agencies, or seasonal industries.

6. What is the nature and degree of the employer’s control?

This element should be analyzed in the light of whether the worker is truly an independent businessperson. An employer’s lack of control, for example, is not particularly telling if the worker works from home or offsite. In addition, the DOL clarified that this element should not play an “oversized” role in the analysis, as it has in the past.

Ultimately, all of these elements will be liberally applied, and will be analyzed in relation to one another, with no single factor being determinative. The DOL cautioned that the factors are not a “checklist” but should be reviewed qualitatively.

Mischaracterizing an employee as an independent contractor can have a harrowing effect on your business.

With this new guidance, the best practice would be to take a close look at your businesses’ relationships with workers classified as independent contractors, and determine if those workers should in reality be classified as employees.

If you have questions on how the new guidance from the DOL may affect your business, we are here to help.

3. How does the worker’s relative investment compare to the employer’s investment?

The worker should make some investment that supports his or her business beyond a particular job in order to be NCASP.com

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INCREASING STAFFING GROWTH THROUGH COLLABORATION

Sales people often have a reputation for being lone wolves, but when it comes to large or complex accounts, it makes sense to work as a team. Collaboration creates a win-win by providing solutions that are in the best interests of your client, staffing firm and sales team members.

Play to strengths. Successful sales results require many different skill sets. Prospecting, account management, account management and finding creative new client solutions or revenue streams take completely different kinds of mindsets. Analyze your team members and discuss their preferences and goals to build a well-rounded account team. Be sure to compensate each of them equitably.

Increase customer satisfaction. With more than one go-to person, clients know that there will always be someone there when they ask a question. And when they see that you have assembled an entire team dedicated to caring for them, they will be further engaged and invested in staying with your firm.

Identify areas for growth. Multiple account team members means multiple sets of eyes on your client account. When a single person isn’t overwhelmed just trying to manage the account, there’s more time for deep strategic conversations with the client, to learn what new initiatives may be pending or what pain points are developing.

Innovate through brainstorming. With multiple sales people familiar with the ins and outs of the account, many people are available to troubleshoot areas of difficulty, or come up with better ways to serve the client and offer increased services.

Avoid service gaps. When a client has only one assigned sales rep, he may not get adequate service if his contact is out sick or is on vacation. The gap is often filled via a patchwork of stopgap measures.

With a collaborative account team, clients experience no gap in service levels and sales people are able to truly unplug on vacation.

Prevent burnout. Knowing he has a backup who understands the account as well as he does can reduce stress levels on each sales rep. And knowing that the client will be well cared for in his absence can allow him to enjoy a guilt-free vacation.

Streamline administrative tasks. Provide a reliable support team and easy-to-use software so the time your sales team spends on non-revenue-driving activities is minimized. This will increase the job satisfaction of your team, reduce stress, and improve customer service.

Looking for ways to improve your sales team’s collaboration? With the help of Avionté Software, you can improve your sales and account management process, enabling you to serve your clients better, drive revenue and increase profitability.

As specialists in the staffing industry, we work with staffing and recruiting firms daily to help them solve business problems. To learn more about Avionté, contact us today.

Avionté Staffing Software provides innovative recruiting and staffing software solutions to the human resources industry throughout the U.S. and Canada. For more information, visit www.avionte.com.

24 August 2015

NCASP.com

Sponsors’ Corner

by Mar y Mallett, CPC, SearchPro

Thanks to our Loyal Sponsors!

A huge thank you to Alan Gilbert and the fine folks at Essential StaffCARE for continuing their Platinum Key Sponsorship year after year!

Their Vendor Contest was successful in getting most folks in front of our sponsors at least once. We also created many opportunities for them to network at our social events.

Everyone enjoyed a fun Welcome Reception on Thursday evening and we appreciated their donation of an iPad Mini with nice cover drawn after the Table Topics on Saturday morning, won by James Kemper.

We would like to thank Bob Thompson of World Wide Specialty Programs, our Gold Sponsor, for hosting the festive Beach Party on Friday evening including the Red Noses.

WWSP made an additional donation of $5,000.00 to the Red Nose Day benefiting hungry children worldwide in the name of NCASP. See photo on page 9.

Thank you to Spruill Alexander of The Clement Companies, a Towne Insurance Company, for donating our colorful tee shirts for our fifth annual Volleyball Tournament. Always a big hit!

We enjoyed three featured speakers on topics of staffing, recruiting, sales, marketing and social media. Thanks to Danny Cahill, Jen Lambert and Jonathan Weiner.

Jonathan Weiner of Mez Media also created, produced and hosted our “Inside the Recruiters Studio” Owner/ Manager event on Thursday afternoon featuring Jen Lambert, Dan Martineau, Jennifer Guthrie and Craig Stone.

We always glean great ideas from the successful Owners who are actually doing what we do every day and are members of the Pinnacle Group. Thank you for your time and sharing your secrets.

Paul Burgess of Careerbuilder entertained us at our Awards Luncheon with The Careerbuilder Story and with ways that we can improve our ratio of gaining new talented candidates and better clients.

Janie Morgan and Gemma Saluta of Womble Carlyle shared Legal Previews both days and Gemma shared Legislative Updates with us at our Saturday Breakfast. We always need good legal advice.

Back by popular demand, we put Trending Table Topics back on the Agenda this year and we had some excellent topics and speakers.

Thanks to Alan Gilbert, Melissa Cleary, Bob Thompson, Susan Bowser, Brent Patterson and Hallie Hawkins for sticking with us on Saturday morning!

Our Electronics Auction made for a fun evening with Dance Music, a PhotoBooth, our 50/50 Cash Raffle won by Wendy Ward as well as our ongoing Silent Auction.

Thanks to our generous donors which included Bob Thompson of World Wide, an Apple Watch, Tom Sarach & Karen Connor of COATS, a Lenovo Yoga Tablet, Mike Atieh of Assurance, a $200 Amazon Card, Kara Bertoncino of Quality Staffing and Rich Petersen of TempWorks, both donated Beats Headphones, Cassie Watkins of Wells Fargo Insurance, a Kindle, Mark Demaree of Top Echelon, a Go Pro Hero Camera, Susan Bowser & Wes Clark of CNP/Shoretel, a UE Boom, Sean Kelly of Alere, an AlcoMate Breathalyzer, Matt Gallagher of Avionte, a Roku 3 Streaming Media Player, Derek Maine of Teague Campbell, an Apple TV, Natalia Vidmar of Careerbuilder, a Wave Bluetooth Speaker and Headpods, George Mavrantzas of Global Cash Card, two Bluetooth Headsets, Michelle Coviello of HireNetworks, a Fitbit, Jill White of Womble Carlyle, a Sony BluRay Disc Player, Brent Patterson of Priority Background Solutions, a $100 Best Buy Gift Card, and Patti Hogan of Silpada Jewelry, a Silver Turquoise Necklace and two Silpada Gift Certificates. Due to your wonderful donations, we have made a generous donation to the USO. Your contributions all made for a fun evening and a great time had by all!

Again thank you for the many folks who participated and gave of their time, money and expertise to help our Board of Directors and Conference Committee host another successful training event! You are the best!

Save the Date!

May 12-13-14, 2016 • Wrightsville Beach, NC Janee Hill,Conference Chair Watch for more details coming soon!

NCASP.com

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Hire Our Heroes HIRE OUR HEROES There are many reasons military veterans make for good hires. Military Veterans have always been attractive to employers. Tax credits aside, the soft skills-- the personal qualities and emotional intelligence--possessed by this talent pool are important predictors of job performance. Vets are recognized as having a strong work ethic, positive attitude, time management and communications skills. And while it’s possible to assess all candidates through pre-employment testing, service men and women are already proven in terms of leadership, resiliency and responsibility. More than a million service members will exit the military by 2016. Make them part of your war for talent and you’ll be a hero!

Source: The Staffing Stream, by Jeanne Achille, The Devon Group

Staffing Package Insurance Program Experience and Independence make a Winning Combination All Risks has collaborated with an A.M. Best “A” Rated market with over 40 years of experience providing coverage to the staffing services industry.

Coverage Available for the following Staffing Service Risks: • Temporary Staffing Firms • Administrative Services Organization (ASO) • Human Resource Consulting Service • Direct Hire, Personnel Placement Services and Consulting • Professional Employer Organization (PEO) • Vendor Management Service (VMS) • New Ventures accepted (start ups with under three years experience will be considered)

READY TO GET CERTIFIED?

Staffing Services Coverage Options:

• General Liability • Professional Liability • Employment Practices Liability • Hired & Non-Owned Auto Liability • Employee Benefits Liability • Stop - Gap Liability • Umbrella/Excess Liability limits up to $10 Million (higher limits may be available) • Crime • Property • Commercial Auto • Workers’ Compensation

Go to NAPS.com to order study materials and register for the online exam.

Contact Janee Hill, NCASP Director of Certification for any questions: 919.862.8602 Janee@GreeneResources. com

Program Features:

• Abuse & Molestation Liability Coverage • Blanket Additional Insured endorsements available • Blanket Waiver of Subrogation • Blanket Primary & Non-Contributory Additional Insured endorsement available • Care, Custody & Control Carveback • Policies are not Audited • Umbrella includes Professional Liability Coverage • Client Specific higher limits available • Worldwide coverage

We work only with insurance agents and brokers!

Please have your agent call us today or forward your current agent’s information.

Lou Georgalas, Sr. Producer/Underwriter Phone: 877-232-3348, Ext. 4132 Cell: 516-493-5986 Email: lgeorgalas@allrisks.com Gus Kontogianis, Sr. Producer/Underwriter Phone: 877-232-3348, Ext. 4131 Cell: 516-497-5795 Email: gkontogian@allrisks.com

26 August 2015

900 Stewart Avenue Garden City, NY 11530 www.allrisks.com All Risks of California Insurance Services, Ltd. CA License #0B84526

SIGN UP NOW FOR FALL TRAINING! SEE PAGE 4 NCASP.com

ATTENTION

Independent Recruiters

• Employer of record • Payroll funding • Back office services

The Independent Recruiter’s Resource for Temporary and Contract Placements® TFI Resources / 1616 S. Voss, Suite 700 / Houston, TX 77057 / 800.701.4014 / 713.975.7576

www.TFIresources.com

NCASP.com

August 2015

27

Legal Matters B y J a n i e M o r g a n , A t t o r n e y a t Wo m b l e C a r l y l e

A Pregnant Pause: Understanding the New EEOC Guidance and Developing Issues on Pregnancy Discrimination Recent Census trends in pregnancy show that approximately two-thirds of first time mothers work during pregnancy, with over half of those women working less than one month before the child’s birth. With more and more soon-to-be mothers in the workplace, pregnancy discrimination has been a hot topic in the legal world in the past year. The Equal Employment Opportunity Commission (EEOC) issued guidance in July, 2014 and the Supreme Court issued a decision on pregnancy discrimination in March 2015. Even though there has been a lot of activity on the subject, there is not yet a final decision on how the law will treat pregnancy discrimination. This article will provide a brief summary of where things currently stand on pregnancy discrimination.

EEOC Guidance. In July 2014, the EEOC issued new guidance on pregnancy discrimination. This was the first comprehensive update to the EEOC’s position on the subject since 1983. The guidance addresses the EEOC’s interpretation of the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA), and other legal requirements.

The PDA states that an employer may not discriminate against an employee because of pregnancy; and pregnant women must be treated the same as other persons similar in their ability or inability to work. In its guidance, the EEOC interpreted this to mean that if an employer offers light duty to anyone, the employer must offer light duty to pregnant employees. According to the EEOC, an employer policy of providing light duty only to employees with on the job injuries violates the PDA. This is contrast on how the EEOC interprets the ADA regarding light duty positions for employees injured while performing work for the employer.

The guidance also addresses pregnancy under the ADA. While pregnancy itself is not a disability, pregnant employees may have impairments related to their pregnancies that do qualify as disabilities under the ADA, such as gestational diabetes or hypertension. If an employee requests an accommodation for her medical condition that is related to her pregnancy, there may be a duty to accommodate even though pregnancy itself is not a disability.

Young v. UPS. The Supreme Court addressed pregnancy discrimination in March 2015 when it issued its opinion in the Young v. UPS case. Young was a female UPS delivery driver was who was unable to perform her job during her pregnancy because her doctor imposed a lifting restriction.

She requested a temporary light duty assignment, but UPS

28 August 2015

denied the request. UPS had a policy of providing temporary modified work assignments only for drivers injured on the job. Young went on an unpaid leave of absence and brought suit under the PDA. The issue for the Supreme Court was based on the language from the PDA, was Young being treated differently than other employees who were similar in their ability or inability to work because she was pregnant?

Young argued that the PDA provides an extra level of protection for pregnant employees, so pregnant employees should be treated better than other employees. UPS argued that as long as an employer provided accommodations to pregnant women in the same way it provided accommodations to others, the employer could not be liable for pregnancy discrimination.

Recall, the EEOC agrees with Young: if an employer offers light duty to anyone, the employer must offer light duty to pregnant employees. An employer policy of providing light duty only to employees with on the job injuries violates the PDA. The Supreme Court did not agree with anyone. The Court said it did not believe Congress intended such a broad grant of equality as Young and the EEOC argued. The Court also rejected UPS’s suggestion because in some cases, it would single out pregnant workers for disfavored treatment.

While the Court did not decide Young’s case, it did tell us how it will interpret cases of pregnancy discrimination. In order to bring a claim of pregnancy discrimination, an employee must offer proof that she is in the protected group; that she asked for an accommodation; that the employer refused to accommodate her, and that the employer did actually provide an accommodation for others who are just as unable, or unable, to do their work temporarily.

Once she has made those points, the employer gets a chance to show that it did not intend to discriminate against pregnant workers, but had a neutral, business-related reason for its policies. Then, the employee gets the last opportunity, to show that, even though the policy was not intended to be biased, it nevertheless put a significant burden on female employees, and the reason for the policy was not strong enough to justify the burden on the women on the staff.

(Continued on page 29...)

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Legal Matters Continued (...continued from page 28) So, while the Court did not side with either party in the case, it did provide Young, and all other pregnant employees, with a potential path to victory.

Take Away. While there has been a lot of activity on pregnancy discrimination over the past year, the story is not over. For years, attorneys have counseled employers that a light duty policy only for on-the-job injuries is sufficient, and there is still no law that says this kind of policy is not acceptable. What we have learned is that if an employer takes the position of offering light duty to anyone injured away from work, the employer will probably need to accommodate pregnant employees who need light duty positions.

It is also important to remember that pregnancy is still not a disability under the ADA, but complicating medical conditions related to pregnancy may be considered disabilities. Employers may not refuse to accommodate a pregnant person because she is pregnant and pregnancy is not a disability. Employers must do the extra step of analysis to consider whether the pregnancy related condition, not the pregnancy itself, is a disability.

Finally, in light of the guidance and the Supreme Court decision, it is important for all employers to evaluate their accommodations and light duty policies and to take seriously all requests for pregnancy-related accommodations.

Avoid Compliance Pitfalls

JILL WHITE Jill.White@wcsr.com | 336.574.8095

WCSR.COM WOMBLE CARLYLE SANDRIDGE & RICE, LLP

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Wells Fargo Insurance Services USA, Inc. CassieL.Watkins, CPCU, Scott Cox, CPCU, CICCIC, ARM Vice President 704-556-2569 704-556-2594 cassie.watkins@wellsfargo.com scott.cox@wellsfargo.com wellsfargo.com/wfis

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To learn more contact your National Sales Account Manager Sean Kelly | 1.919.803.4648 | sean.kelly@alere.com

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2 0 1 5 B OA R D O F D I R E CTO R S Michelle Coviello, CPC President 919.280.1671 michelle@ncasp.com hirenetworks.com

Mary Mallett, CPC Director of Vendor Relations 704.241.2996 mary@searchpro.com searchpro.com

Kara Bertoncino, CSP Director at Large 919.818.3773 kara@ncasp.com quality.staffing.com

Jonathan Weiner, CPC Past President 704.756.8751 jonathan@ncasp.com 360dunamis.com

Rita Bottoms Ezine Editor 336.970.5206 rbottoms@theresource.com www.theresource.com

Mark Griffin, CSP Director at Large 336.337.3327 markg@ncasp.com precision employmentgroup.com

Marc Cochran, CSP Immediate Past President 704.305.9624 cochranmarc@gmail.com

Lauren Story, CPC, CTS Director of Membership 828.624.9104 lauren@cv-staffing.com cv-staffing.com

Jill White, Esq. Legal Advisor Non.Voting 336.574.8095 JiWhite@wcsr.com wcsr.com

Janee Hill, CPC, CTS Director of Certification and Treasurer 919.862.8602 Janee@GreeneResources. com greeneresources.com

Ashley Pohl Director of Outreach 336.455.8817 apohl@aerotek.com

Cassie Watkins, CPCU, CIC, ARM Director, Southern Region, Non.Voting 704.556.2569 cassie@ncasp.com wellsfargo.com

Brandy Barrett Coward, CPC, CTS Secretary 919.862.8602 brandy@ncasp.com greeneresources.com

Holly Holbrook Director at Large 336.288.9330 hholbrook@grahamjobs. com grahamjobs.com

Spruill Alexander Director at Large, Non.Voting 252.756.8300 salexander@ towneinsurance.com clementins.com

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