Monday, June 29, 2009

HR: Milwaukee County Workweek

An arbitrator's ruling Monday morning (6/29/2009) threw out Milwaukee County Executive Scott Walker's shortened workweek for nearly 2,000 union workers. The five hour reduction...

Comment: The union representing Milwaukee County's workers challenged the County Executive's order to reduce costs and budget shortfalls. Playing the "rules are rules" contract language game, the arbitrator's ruling was probably pretty predictable. But here's what's just as easy to predict -- the easily predictable consequence (not unintended) that this will lead at some point to further staff reductions. The union saves hours (and admittedly employee's wages) today -- but sometime in the very near future, more employees will lose their jobs altogether!!!

HR: Supreme Court Decision

According to reports from the WSJ, The Supreme Court has ruled that white firefighters in New Haven, Conn., were unfairly denied promotions because of their race, reversing a decision that high court nominee Sonia Sotomayor endorsed as an appeals court judge.

New Haven was wrong to scrap a promotion exam because no African-Americans and only two Hispanic firefighters were likely to be made lieutenants or captains based on the results, the court said Monday in a 5-4 decision. The city said that it had acted to avoid a lawsuit from minorities.

The ruling could alter employment practices nationwide, potentially limiting the circumstances in which employers can be held liable for decisions when there is no evidence of intentional discrimination against minorities.

Comment: Each case like this has its own unique characteristics. What is clear from this is the last paragraph and its implications for organizations to make sure their employment practices are sound.

Wednesday, June 24, 2009

HR: Trend Watching

According to an HR Executive webinar on "EEO Trends," June, 2009, there are four key trends that HR should be watching closely based on the combination of new laws and a new administration.

  1. High Unemployment Rate is driving up claims. According to the research, the unemployment rate is the single largest predictor of employment law case filings. Increased filings, increased costs for investigation/defense by organizations.
  2. Rise in Retaliation Claims -- along with age discrimination the biggest contributors to a 16.% rise in EEOC claims.
  3. Race-Based Claims -- 35% of all claims. Diversity initiatives are not enough and not a justification for ignoring the dangers of racial discrimination.
  4. Sexual Orientation and Gender Identity. Expected legislation that will add sexual orientation and perhaps gender identity to Title VII "protected classes." Training Requried for all managers, as well as rank-and-file employees!

HR: Brett Favre

Since the Brett Favre "retirement" series started over a year ago, I've only had some perpheral thoughts about how this might relate to HR and/or management. I've had a few very short discussions about it with my sons -- avid Favre fans. But on June 12, it became an HR issue based on an article posted from i4cp.

In the article the author raises leadership, particularly succession issues, for organizations using Brett Favre's actions as the key focus. Pointing out that "far too many leaders just cannot let go. They hang around until they are asked to leave -- they have nowhere to go."

Comment: My latest big project, The Performance Project (www.performance-project.com) is studying management and leadership issues for the worlds of live performing arts (singing groups, plays) and sports (to a somewhat lesser extent because it's been done by many). But here's another question that makes a good connection. What's the responsibility of leaders to prepare, support, train...for the career management skills needed to begin, continue, and end careers effectively?

Tuesday, June 23, 2009

HR: Supreme Court on Age Discrimination

According to a post from SHRM (6/22/09), a ruling by the U.S. Supreme Court makes it more difficult for workers to prove in court their claims that they were the targets of workplace discrimination because of their age. In a 5-4 decision, the high court ruled that, in a case alleging disparate treatment in violation of the Age Discrimination in Employment Act, the worker must prove that age was the decisive factor in the action taken by the employer, even if there is evidence that age played some role in the employer's decision.

Comment: The ruling was a Supreme Court typical 5-4 but in the time when Baby Boomers are facing the challenges that all job seekers are facing today, it's interesting to note. It's particularly interesting because of the element saying the worker must prove that age was the decisive factor.

Monday, June 22, 2009

HR: EEOC Questions HRA's

According to an Employee Benefit News posting (6/19/09), the EEOC has raised questions about the use of Health Risk Assessments, "a proven effective tool in the fight against rising group health insurance costs." While the U.S. Department of Labor has unequivocally endorsed the use of HRA's, the EEOC, in what fortunately right now is just a discussion and not an official opinion, has questioned whether or not HRA's might violate the Americans with Disabilities Act.

Comment: Not Yet???? Hopefully this resolves itself before it becomes a real issue for organizations. If it does, it's another example of the potential inconsistencies with the "plethora" of legislation faced by HR. If it doesn't become an issue, it's still a sign that HR continually faces the potential of these inconsistencies being raced.

L: The Sack Lunches - Recognition

OK - this story may be a bit outside this blog -- No it's not because it is about recognition, people doing their jobs, and more...

I put my carry-on in the luggage compartment and sat down in myassigned seat. It was going to be a long flight. 'I'm glad I have a good book to read. Perhaps I will get a short nap,' I thought.

Just before take-off, a line of soldiers came down the aisle and filled all the vacant seats, totallysurrounding me. I decided tostart a conversation.'Where are you headed?' I asked the soldier seated nearest to me.'Petawawa. We'll be there for two weeks for special training, and thenwe're being deployed to Afghanistan.

After flying for about an hour, an announcement was made that sack lunches were available for five dollars. It would be several hours before we reached the east, and I quickly decided a lunch would help pass the time. As I reached for my wallet, I overheard a soldier ask his buddy if he planned to buy lunch. 'No, that seems like a lot of money for just a sack lunch. Probablywouldn't be worth five bucks. I'll wait till we get to base his friend agreed. I looked around at the other soldiers. None were buying lunch. Iwalked to the back of the plane and handed the flight attendant a fifty dollar bill.' Take a lunch to all those soldiers.' She grabbed my arms and squeezed tightly. Her eyes wet with tears, she thanked me. 'My son was a soldier in Iraq; it's almost like you are doing it for him. 'Picking up ten sacks, she headed up the aisle to where the soldiers were seated. She stopped at my seat and asked, 'Which do you like best - beef or chicken?'' Chicken,' I replied, wondering why she asked. She turned and went to the front of plane, returning a minute later with a dinner plate from first class. 'This is your thanks.' After we finished eating, I went again to the back of the plane, heading for the rest room. A man stopped me. 'I saw what you did. I want to be part of it. Here, take this.' He handed me twenty-five dollars.

Soon after I returned to my seat, Isaw the Flight Captain coming down the aisle, looking at the aisle numbers as he walked, I hoped he was not looking for me, but noticed he was looking at the numbers only on my side of the plane. When he got to my row he stopped, smiled, held out his hand, and said,'I want to shake your hand.' Quickly unfastening my seatbelt I stood and took the Captain's hand. With a booming voice he said, 'I was a soldier and I was a military pilot. Once, someone bought me a lunch. It was an act of kindness I never forgot.' I was embarrassed when applause was heard from all of the passengers.

Later I walked to the front of the plane so I could stretch my legs. A man who was seated about six rows in front of me reached out his hand, wanting to shake mine. He left another twenty-five dollars in my palm. When we landed I gathered my belongings and started to deplane. Waiting just inside the airplane door was a man who stopped me, put something in my shirt pocket, turned,and walked away without saying a word. Another twenty-five dollars!

Upon entering the terminal, I saw the soldiers gathering for their trip to the base. I walked over to them and handed them seventy-five dollars. 'It will take you some time to reach the base. It will be about time for a sandwich. God Bless You.' Ten young men left that flight feeling the love and respect of their fellow travelers. As I walked briskly to my car, I whispered a prayer for their safe return. These soldiers were giving their all for our country. I could only give them a couple of meals. It seemed so little...

A veteran is someone who, at one point in his life, wrote a blank check made payable to 'The United States of America ' for an amount of 'up to and including my life.' That is Honor, and there are way too many people in this country who no longer understand it.'

HR: Internet Passwords

According to a widely distributed story (6/21/09), the city of Helena, Montana has a statement in its application process stating "Please list any and all current personal or business Web sites, web pages or memberships on any Internet-based chat rooms, social clubs or forums, to include, but not limited to Facebook, Google, Yahoo, YouTube.com, MySpace, etc."

To state that this has caused an uproar is putting in mildly. While the city states that nothing happens if someone refuses to answer the questions and they further state the question is not "scored" as part of the selection process, this is an amazing example of either bureaucractic or human resource stupidity. From the story and the challenges already raised to this statement being included on the application form, it appears extremely doubtful this statement will last more than the next week or so. That's good -- but does anyone believe this is the end of such nonsense?

What I would be very comfortable predicting at this point is that "someday" an employee, with an above average performance rating, will be discovered to have not included their Facebook ID and Password for their "private" site which just happens to contain some great pictures of their membership in the "Thursday-Bar-Nite" group from their college days. They will fired, unfotunately in a situation that has already happened too often, not for performance but for "lying on their application form."

Comment: Again, for now I think this disappears quickly from the "Wild Montana Skys" (a free book to the first couple people who know why I made that reference). But it still reeks of something HR should not have done or should never have allowed if it was proposed by others.

Sunday, June 14, 2009

HR: Competitive Perks - Reality

I have always raised a question about organizations promoting "great benefits" as a recruiting tool -- in part because 1) everybody says that and 2) in my professional opinion, you should be significantly above the 50% percentile in benefits to be able to honestly make that statement.

But according to a "Facts & Figures" notes in HR Executive, 6/02/09, 72% of adults surveyed believe they receive benefits that are better than, or as good as, what most other companies offer.

Comment: Chalk this up to "economic ignorance" or the "B.S. works!"

Saturday, June 13, 2009

HR: Honoring USERRA Rights

According to HR Executive, 6/02/09, an Air Force Reservist was awarded nearly $1 million in a lawsuit against his former employer (Wachovia (formerly Prudential). He returned from active duty following 9/11 to find his accounts gone and his job position reduced.

Comment: I've have always strongly advocated for the laws/regulations that provide support and assistance for the brave men and women who serve our country. Part of it's personal -- the G.I. Bill paid for most of my graduate education. So I'm strongly in favor of supporting our military. I've also suggested (warned) that we can expect further legislation in this area because of our current commitments to national security and fighting terrorism. So it's very important for organizations to make sure they are complying with the requirements of USERRA and other requirements for supporting our service men and women.

HR: Layoff Choice: Lottery or Performance? Duh?

According to a note in "HR Executive" (6/02/09), teachers in Oregon will be laid off -- as determined by a lottery. Forced by budget cuts, the lotteries are "necessary" because each year's net set of teachers share the same length of service.

Comment: Darn it! Why haven't more organizations thought of this brilliant way of making layoffs. Why think about the actual needs of the schools -- or even more scary the needs of the students? Let's just use a lottery -- get rid of a math teacher, or a 5th grade teacher, and keep another teacher that a real world needs analysis might show is easier to work without. Or better yet: how about looking at performance? That's a really weird idea! Darn it!

HR: Confused over Swine Flu

In HR Executive (06/02/2009) an article discusses the "Swine Flu Blues." Just since the publication of this, WHO has raised the level of the illness to a full fledged world pandemic -- and in Milwaukee, a third death was reported.

Comment: But I'm confused. As of May 12, there were 5,720 people infected with 58 deaths in 33 countries. In the U.S. 3009, cases and three deaths (now at least 4). In the article discussing this, HR and legal experts that if the situation worsens, HR will have a "big job," creating policies to ensure the safety of employees and making arrangements for "large scale" absenteeism of employees. But I'm confused. Regular seasonal influenza forces more than 200,000 hospitalizations each year in the United States and 30,000 deaths annually. Why are we suddenly calling for "making plans" when the data suggests we should have had them a long time ago -- on a regular basis for something that is -- and has been -- significantly more influential on our employees and productivity.

HR: Milwaukee Sick Leave Mandate

On Friday, 6/12/09, a Milwaukee County Circuit Judge ruled that city's paid sick leave ordinance mandating private employers provide paid sick leave was "invalidly enacted and unconstitutional." In a 38-page decision, the Judge wrote "this is a case where the proposed ordinance's reach exceeds its grasp."

Comment: As clearly noted in press reports about this decision, it's not over -- but it also makes it clear that attempts to impose provide sick leave have to be more clearly in line with a number of other issues, including consistency with current federal laws. One of the bigger arguments that arose in this case is the issue of local, state, versus national legislation. My biggest concern, as is often true, is that what may seem like small victories for a group advocating expand leave are in fact not victories unless the issue is taken on at a national level. As noted in other postings on this specific issues, there are 1) clearly documented cases of businesses rejecting Milwaukee locations for expanded business opportunities because of this "mandate," and 2) I know directly of several organizations saying they would look at moving operations out of the city solely because of this mandate.

Thursday, June 11, 2009

HR: Crazy Job Seeker Actions

According to a Career Builder survey (6/10/09), job seekers in today's market are reaching into a bag that's beyond creativity -- and getting a bit crazy. A candidate sent his resume in a shoe, saying he wants to "get a foot in the door." A candidate washed cars in the parking lot. Another sent a resume wrapped as a present, saying his skills were "a gift to the company."

Comment: There stories are fun in today's way too serious out-of-control world so I love them. At the same time, these are more often the types of things that make news reports not the desks of hiring managers. At the same time, I'd like to see resumes that accompany these "creative" actions. If candidates are ignoring fundamentally good techniques for portraying accomplishments, etc. -- what good's the creativity?

Monday, June 08, 2009

HR: Dumb or Dumber Interview Questions

I wish I could be amazed but the stupidity (and even more so dangerous) examples of interview questions continues. According to an article in the WSJ (6/2/09), here are two more: 1) How would you react to sexual advances from your boss's gay son at an office party? 2) Tell me something you do with your eyes, your arms and your legs at the same time.

Because I'm such a firm believer in "performance-based" interviewing, which is clearly behaviorally based but at a very different level, one of the things that concerns me here is that too many people have decided that anything close to "tell me about a time..." is a good question because it therefore "behavior." WRONG! I don't see how either of these questions could be justified as even closely job-related. The gay son at an office party question could be an extremely dangerous question.

Comment: Dumb, dumber, dumbest -- There are great companies out there doing a fantastic job of interviewing candidates. Unfortunately, there are the rest...

Friday, June 05, 2009

HR: Justice Department Investigating Hiring Practices

According to the WSJ (6/3/09), the Justice Department is investigating "hiring practices" among a number of "large U.S. companies," including Apple, Yahoo, Microsoft, Google, and Intel. The article states that the investigation has requested information from these and other firms. At this point, it's unclear if any of the firms are directly under investigation.

The allegations relate to "agreements" not to "poach each other's employee's." The Justice Department is apparently looking to see if companies established "blanket agreements" to refrain from poaching, which could be considered collusion and therefore a potential violation of anti-trust.

Comment: Just what we need, another complicated and interesting case. Very unclear at this point where this is or might go -- but like so many things I believe there are a lot of HR professionals who should be putting this on the radar. Certainly it's a complex issue. Agreeing not to "poach" employees from competitors doesn't appear, to me, that it prevents an employee from, on their own, deciding to leave or apply to a competing firm. And this is, or should be, completely separate from issues related to confidentiality and employment contracts. Potentially what concerns me here is that the government, one of the clearly most politically biased employers, filled with special interest decisions, cronyism, etc., is the one investigating this. Simply, here's another one to watch -- closely.

Tuesday, June 02, 2009

HR: Benefits Unraveling?

According to a special announcement from Employee Benefit News, June 2, 2009, employees see employer-sponsored system unraveling. 30% of employees believe they will be responsible for benefits by 2019. 18% think the government will provide health care. 28% think that employers will continue to provide benefits. The numbers may not be dramatic but the shifting perceptions are trends to be watched.

HR: Generational Differences

Always fascinated by the "generational differences" stories, books, and arguments, I've been struck for years by how information on the topic was received in training sessions. Often fun, because of the interesting "45's versus Cassette's versus CD's versus IPod" discussions, participants almost always turned skeptical when it came down to real workplace discussions on the impacts of these differences. Baby Boomers loved working with Generation X -- Generation X had no problem (at least the top performers) working with "Matures." In fact, in a series of programs I conducted for a major financial services firm, the generational differences were largely dismissed. I was not at all surprised to start seeing research suggesting there was little substance behind the "theory."

So not surprisingly, a recent survey from AchieveGlobal points out that "generational differences in the workplace aren't as prevalent or noteworthy as imagined." The survey points out, accurately I believe, that the oversimplified stereotypes don't fit all individuals. I've always felt this to be very on-target: I'm clearly a Baby Boomer and I've made the transitions from '45s to the IPod world quickly -- even faster than my three Gen Y children did.

But more importantly, the survey revealed: 1) little sensitivity to age differences, 2) ambivalence to statements suggesting that age influences the way people behave, and 3) scattered responses that suggest multigenerational work groups might hinder productivity.

Comment: Lots of comment integrated above but one things seems clear to me. If there are issues of communication effectiveness or productivity, I'll place my bets on underlying issues not related to"generational differences."

HR: Video Resumes

A recent MSNBC.com report discussed "the multimedia resume," featuring among other things the existence of a video resume company, www.interviewclips.com. It told the story, in part, of a man who decided to add a link to his video with his uploaded cover letter. According to the story, he not only got an increase in callbacks, he was hired. Before commenting, I'd suggest checking out the site.

Comment: The blog response to this article was mixed but fairly negative. I'm going to side very strongly with the negative for the overwhelming reason, as one comment noted sharply, "this takes us back to the days when appearance, race, height, weight, etc. were hiring criteria." This is an extremely dangerous piece of information to be presented at the "screening" part of a selection process.

But I have an equal if not bigger objection. I don't know if the samples, reported as the candidate's videos, are accurate or just samples. But they are very weak responses to the questions -- they're 40,000 foot "fluff," they're too short -- and frankly some of his abbreviated claims are impossible to believe. This is not the stuff of a good hiring strategy.

HR: Actions Should Trump Words

A column in "Tableau Economique" (Malaysia) appeared in a major US H.R. Newslisting -- and reminded me so much of similar arguments that it's worth noting. The article began with the statement: "If I had my way, we would all stop using the term human resource develoment and start speaking about people potential development instead."

Not sure what I want to say about the "people potential" term -- but the whole thing immediately struck me as an argument I've seen and heard too often. Let's get rid of the term employee relations; let's get rid of the term personnel, let's get rid of human resources, let's get rid of training, let's get rid... The world (yes, not just HR) has gotten way too concerned with "inflating" the language in a way that fails to reflect the humor of Victor Borge's famous "inflationary language" routine, that changes "tennis" to "elevenis" or "forefathers" to "fivefathers." In HR, we became dissatisfied with "canning" people, so we decided to "fire" them until that was to cruel, then we started "terminating" them (that's kinder!) and we "RIF" them. Or my favorite from a Fortune 500 Communictions firm, we "free up their future."

Comment: Maybe with a few exceptions, it will never be the terms used that define the results it will the the "actions." The focus must be on best practice, solid foundations (yes -- and that means valid connections to theoretical concepts), and continuous improvement. If those are the underlying cultural elements of the model, it won't matter if that department is called "training," "education", "development," or "people potential."

HR: SHRM Workplace Flexibility Initiative

In early May, 2009, the Society for Human Resource Management (SHRM - www.shrm.org) announced a comprehensive initiative to hopefully guide discussion and "development of legislation" around workplace flexibility.

Every HR professional should be closely evaluating, monitoring, and evaluating the possible implications of the effort -- for their individual professional career and development -- and the obvious potential impact on their organization's policies and procedures.

In a detailed statement of principles, SHRM recognized 1) "Shared Needs" of both employees and employers, 2) "Employee Leave" provided to help employees meet work and personal obligations, 3) "Flexibility" for both employees and employers, 4) "Scalability" that avoids a mandatory 'one size fits all" practices that recognizes the diversity of the workforce and its needs, and 5) "Flexible Work Options" that truly recognize options including telecommuting, compensatory time off, etc.

Comment: SHRM's statement represents a an ideal set of principles and goals which clearly represent best practices in human resources. From that viewpoint, support is critical. It does appear that implementation of SHRM's principles would not only require new legislation aimed at "workplace leave" but some major changes to existing legislation and regulations to make it possible. Perhaps, unfortunately, that will lead to government adapting a mandated policy that doesn't meet the principles laid out by SHRM and will leave legislation that is clearly (and anciently) out-of-date with today workforce and work environment. It's time to be active on this issue and SHRM's tools for showing support to key legislators, etc. is a great place to start.

Monday, June 01, 2009

HR: EFCA Debate Re-Ignites

According to a detailed article in Employee Benefit News (www.benefitnews.com), June, 2009, the battle over the Employer Free Choice Act is re-igniting with passage in some form expected by the end of the year.

The article is very good in that it provides great detail on the positions of both management and labor and provides extensive information on how a company should be responding to the issues. According to the article there is a podcast available on the site -- as of June 1, it wasn't there (yet?). I'll update this if it becomes available.

Comment: This is considered by many to be the HR issue of the year -- perhaps even bigger than health care reform. Experts have widely varying opinions on what it will do to the rate of unionization -- and what it will do to the economy. Experts are also debating which issue is the more important one: the "authorization card" vote or the "manadatory arbitration." On the authorization issue, experts debate from it having absolutely zero impact on job creation to another expert stating it will cost the economy 1,5 million jobs lost in the first year.

This is a hotly debated issue that requires awareness and possible responses from all serious HR professionals -- whether current unionized, pro-union, or pro-union free. The implications will be significant from so many different levels.