Supreme Court Hands Employers a Victory in Title VII Case

The United States Supreme Court issued a 5-4 verdict on June 24, 2013 clarifying that an employee alleging unlawful retaliation in violation of Title VII of the Civil Rights Act of 1964 must be able to prove that a retaliatory motive was the “but-for” cause of an adverse employment action.

This decision ensures that the burden of proof is never on the employer. Now, the employee must be able to prove that the impermissible, retaliatory motive was the main reason and not simply a reason for the employer’s averse action. By this standard, employees pushing the allegations must be able to prove that “the unlawful retaliation would not have occurred in the absence of the alleged wrongful action or actions of the employer.”

Seven Ways for More Effective Communications with Your Employees

A company’s employees are always one of the most valuable resource they can have. Employees like to feel kept in the loop and know what is going on in and with the company they represent. Yet, all too often, in an effort to provide the best customer relations, companies push communicating with their employees to the back burner. This can lead to lower employee morale and eventually then decreasing employee productivity.

However, there are seven simple steps that every company can begin to put in place to avoid this problem.

1) Personalize company goals with each individual employee and departments’ priorities and goals. When mistakes occur or a project ventures off course, ask yourself “what context or information did I not provide my team with adequately?”

2) Employees want to know how they fit into the overall corporate equation. They desire to know their job has meaning and is needed in the company structure. Communicate with your employees how their position helps enhance the company standing, completes the workload, etc. 

3) In numerous studies, the boss is always the preferred source for information related to an employee’s job. Be ready with essential information to help employees perform their job more effectively. 

4) Performance feedback is always appreciated by employees. It is better to provide a more real time stream of feedback in addition to the more formal annual reviews. This allows you the ability to reinforce good behavior/activities and correct misguided ones closer to the actual action. 

5) Try to look at what an employee wants and/or needs from their point of view. Employees want to feel their boss can empathize with them. 

6) Conduct various things such as engagement surveys, listening sessions, etc. to hear how the company and procedures are from the employee’s point of view. Enlisting the help of a third party to conduct these reviews helps employees feel more comfortable to open us and provide constructively honest answers. 

7) Be consistent and reliable with when you communicate with your employees. Establish a plan for employee communications and then inform all of your employees of when they can expect to hear information from you.

For more information or help setting up an employee communication plan, call your Lowden & Associates team member at 770.248.0401. 

Seven Ways to Increase Productivity and Save Money by Giving Your Employees a Bigger Voice

There is a tremendously valuable think tank for every business that most companies do not even turn to for free advice. So, where do you need to go for quality ideas that can save your company money…your own employees. Seeking and acting on employee ideas can save the employer money in addition to building a sense of ownership among the workers.

Employee suggestions can have a significant impact on business productivity, revenue and the overall effectiveness of the entire organization. This group is on the front lines of customer relations, the company processes and much more every day. They know first-hand where the inefficiencies and delays are in the company. Below are the seven steps you can take to not only increase employee engagement but save your company some serious money while increasing productivity.

1) People Need to be Listened To. When employees feel like they are not being listened to, there is psychological affect that makes them withdraw. However, the opposite is true as well. When employees see ideas are being used they are more willing to open up and share. According to a Society for Human Resource Management (SHRM) poll, on average one-fifth of workers say their opinions count at work. If you increase that to one-third, profitability also increases by 6%. Safety, customer satisfaction and employee retention all rise, too.

2) Solicit Ideas from Engaged Employees. Engaged employees have been found to provide more useful ideas. In fact, Gallup conducted a survey that found ideas offered by less engaged workers saved a company $4,000 on average versus the most engaged workers who saved the company on average $11,000.

3) Create and Communicate a Plan for Weighing Ideas. Make sure that you stress to employees that all of their ideas will be weighed fairly as well as how and when they will be assessed. It is important for employees to see transparency. Also, have a clearly devised panel for reviewing. 

4) Every Idea Gets a Response. Asking for suggestions give the business leaders an obligation to respond. So, every employee should get the respect of a response as to why it does or does not make sense. There is nothing more frustrating and disheartening than making a suggestion that goes into a corporate black hole. 

5) Reward Employees for Quality Ideas. Answer employees’ question what is in it for them. A rewards program can be quite diverse from public recognition, tangible gifts, cash, prime parking spaces, paid time off to even a percentage of the savings that their suggestion creates. 

6) C-Suite Needs to be Willing to Give Up Being Center of the Universe. All too often, the c-suite wants to be known for having all of the best and most innovative ideas. However, since employees are the ones generally spending the most time with the clients getting the current feedback, they may be able to think of something that the c-suite could not. 

7) Work Organizations Are Not Democracies. There needs to be an appropriate deference to rank and authority. Make sure that you communicate the proper chain of command in the organization to all of the employees.

For more information on how to increase productivity by giving employees a bigger voice, contact Lowden & Associates at 770.248.0401. 

Steps to Assure a Smooth Performance Appraisal

Performance Appraisals are not always the easiest or the highlight of being a manager. Most people are hesitant to conduct a thorough review for fear of upsetting an employee.

Appraisals are most often used to determine salary increases. However, the main reason for appraisals should be to determine and improve the quality of an employee’s performance, set goals and plan for personal and career growth. When this becomes the main focus it is easier to have a more laid back appraisal since it shifts more towards coaching instead of critiquing.

So, the question becomes what steps you as the manager need to take to ensure a coaching session. Below will detail the prep and process of performing a proper performance appraisal. 

Before the Appraisal:

- Review the performance Appraisal Form and Format

- Using objective data, list all the points that need to be discussed

- List the employee’s good points, as well as areas for improvement

- Review the employee’s last performance appraisal

- Develop a series of questions and answers that need to be asked about pervious goals

- Determine if the employee had any problems on the job, look at the overall year

- Seek input from other supervisors who have worked with the employee

- Discuss the appraisal with the next level of supervision, as appropriate

- Set an appointment with the employee for a specific time and day for the face-to-face appraisal

- Allow the employee at least a week to review the materials to develop questions and comments

The Appraisal Process:

- Greet the employee by name

- Review in detail the written form with the employee

- Give specific examples and be direct

- Let the employee know you are aware of their positive qualities and accomplishments

- If it becomes necessary to deliver constructive criticism, it is vital that the employee maintains his/her dignity and self-worth 

- Encourage comments and questions from the employee

- Listen to what the employee has to say

- Discuss any standards that were not met by the employee and be specific 

- Do not argue with the employee but graciously and truthfully accept suggestions

If there are any disagreements between the supervisor and the employee, allow the employee an opportunity to create a written rebuttal that can be attached to the appraisal form before it becomes final. For more information on how best to handle and conduct performance appraisals, contact Lowden & Associates, Inc. at 770.248.0401. 

New Form I-9 Released in March 2013

The United States Citizenship and Immigration Services (USCIS) released the new I-9 Employment Eligibility Verification Form this month. Employers are required to start using the new form version immediately but the USCIS has given a 60 day grace period until May 7, 2013. Please note, failure to properly complete and retain the Form I-9s correctly can result in civil money penalties of up to $1,000 per I-9 in violation and, in some cases, lead to criminal penalties.

Most of the form changes are in format, additional fields and more instructions to employers. To avoid any claims of discrimination, do not have current employees complete the new Form I-9 if there is already a properly completed I-9 on file, unless reverification applies.

To download the new Form I-9, please click here. For more information on the new Form I-9, please contact your Lowden & Associates partner at 770.248.0401.

Telecommuting Concerns…4 Areas of Possible Liability

The trend of employees who are telecommuting is picking up even more steam. In 2009, 34 million employees telecommuted in the United States, at least part of the week. Estimates are that by 2016, 63 million workers, or 43 percent of the US work force, will telecommute. The benefits of allowing telecommuting are numerous and wide ranging: increased productivity; increased job satisfaction; reduced absenteeism; lower employee turnover; reductions in traditional fixed expenses such as energy costs, office rental, and parking; improved customer service; improved employee morale; and reduced employee stress and improved wellness.

However, there are important legal and HR compliance concerns that every employer who permits telecommuting should know about.

1)  Wage-Hour Laws. You are still responsible for staying in compliance with all state and federal overtime laws for telecommuting employees. Establish a policy that clearly states what work is permissible and when. Also, you could chose to automatically record, by computer, the number of hours worked online each week.

2) Workplace Safety Laws. The Occupational Safety and Health Act which makes employers responsible for workplace safety applies to telecommuters, even those working from home. Employers may require telecommuters to have a designated workplace inspected and approved by the company.

3) Confidential Information.  Employers can require telecommuting employee to follow certain protocols with regards to passwords and secure protected networks.

4) Texting While Driving. With mobile smartphones, employees can work from their phones anytime, anywhere. Employers should institute the appropriate policies and procedures in regards to prohibiting texting while driving.

For more information on policies for telecommuters, call your Lowden & Associates partner at 770.248.0401.

Are You an Effective Leader During Times of Change?

A company’s ability to change and adapt to new challenges is a key component of sustained success, but change is not always easy. In fact, 70 percent of change initiatives fail to deliver the intended outcomes. The prolonged effects of the recession has impacted more than just people’s income, productivity and employment figures. The workplace has become much more risk adverse.

One of the most impacted groups is in company leadership. More executives seem to be reaching the point of an overwhelming reluctance to be bold with change. Instead, executives are increasingly crouching into a defensive position and not leading the charge for change. This can cause employees to become cynical, disengaged and unproductive. Eventually the top talent will flee for the exit doors.

So, what are some signs that executives are pulling back? Below is a list of the behaviors these executives typically exhibit:

- A subconscious reaction to stress and anxiety

- The desire to avoid rocking the boat, dodging risk or confrontational situations

- Going out of their way to prevent taking the fall

- Micromanaging team members

- Holding a tight control over communications

- Intentionally not listening or dismissing unwanted and/or challenging feedback

Leading through changes is all about increasing employee dedication and commitment to a new vision while minimizing devotion to the status quo. The leaders who are effective during change mobilize employee energy to create action plans for the movement.

Below are six ways for an executive to become a more effective change leader:

1) Allow for thinking to be challenged in order to take a broader view

2) Evaluate opportunities to influence top leaders to create alignments for intentions

3) Fight for the values of the change

4) Actively engage the team and address any concerns of the employees

5) Create and sell a compelling change story

6) Have frequent recognition of quality performances

For more information, contact a Lowden & Associates partner at 770.248.0401. 

Could Culture Be Affecting Your Hiring?

Hiring mistakes can lead to costly and negative ramifications, and is all too common in companies today. In fact, 69 percent of companies said they had been negatively affected by a bad hire in 2012 alone, according to a recent Career Builder survey. More than 40 percent of US employers estimated a bad hiring decision cost them $25,000 last year, while 25 percent estimated the cost to be more than $50,000.

A poor hiring decision can show up in many ways such as less productivity, lower employee morale/engagement, cost in training new employees, etc.

But why do companies keep making poor hiring decisions? One big reason might be cultural. It is a human tendency to look for similarities in our hiring decisions. Most people like the ‘two peas in a pod’ feeling and actively seek that out. 

As a consequence, we do not always find the most skilled candidate for the position. Usually, applicants get screened for qualifications in the very early stages of the recruiting process and then the focus shifts from skills to personality. In fact, cultural fit is a part of the formal recruitment process in most cases, even when searching for diversity. 

Building a team of cultural similarities can usually create a strong cohesive unit but you may be denying yourself the talent level that the company needs to be truly successful.Like anything in life, there is a balance that needs to be struck between cultural fit and talent level. For more information, call 770.248.0401.

Providing Flexible Work Arrangements to Your Employees

Four Steps to Ensure Your Flex-Time Program Works

More and more companies are offering as employees are asking for flexible work arrangements and hours. This trend has increased dramatically throughout the Great Recession. Now, 77 percent of companies say they permit and/or encourage flextime, up from 66 percent in 2005, according to the 2012 National Study of Employers by the Society for Human Resource Management and the nonprofit Families and Work Institute.

Almost 67 percent of those surveyed said they permit employees to work from home on occasion, bringing a 34 percent increase in the past seven years. The practice of overtime has shifted as well. Employers surveyed, 44 percent, said they now give employees a choice as to whether they work overtime hours or not. This has led to it becoming more acceptable for employees to turn down overtimes.

With the new flexible work arrangements come some potential pitfalls that employers must be aware of and avoid. Below are four things to keep in mind as an employer looking at flexible work schedules:

1. Follow the Established Rules. Our current wage-payment laws were put into effect years ago and were not designed with the new flex-time in mind. Be proactive and avoid unintentionally violations.
2. Update Your Recordkeeping Process. In order to have a successful and compliant flex-time program, you will most likely need to update your current time tracking system. Make sure that your tracking system can provide you with precise and accurate time stamps. When establishing the new system, make sure that all of your supervisors and employees are properly trained. Then you will have to discipline any who violate the new rules.
3. Overtime and Misclassifications. It is vitally important to keep track of all overtime hours worked, even for those employees who are on a flex-time schedule. The vast majority of litigation regarding flex-time is due to the employers classifying their employees in the wrong category of exempt or non-exempt. The basic rule to follow is all employees are to be presumed as non-exempt from overtime pay provisions of the FLSA, unless you can prove that a specific exemption applies directly to them.
4. Test the Program First. Before jumping in with a new flex-time program, give it a dry test run first. Inform all employees about the test run and remind them if the program is not a success, you will return to the old way. After your test run, analyze what worked, what didn’t, employee and supervisor feedback, pros and cons, etc., then make any needed adjustments.

Flex-time is proving to be a well-appreciated benefit to employees trying to strike the balance of work and everyday-life. For more information on how to set up a quality flexible work program at your company, call 770.248.0401.

Bring a Dog to Work Day

Want your office to go to the dogs the way some industry titans like Google and Amazon have?  It is estimated that roughly 1.4 million dog owners bring about 2.3 million of their pets to work with them daily. Pet-friendly work environments are becoming increasingly more popular and proving to have a significant impact on companies’ bottom lines.

There are many rewards for a company to become dog-friendly.

- WARM FUZZIES:

o Improved Quality of Life for Employees

o Increases Overall Office Morale

o Produces Team Bonding

o Relieves Stress

o Greater Employee Happiness and Satisfaction

- Employees who bring their dogs to work typically work longer hours, since they don’t have to worry about getting home to their pets.

- Productivity and Efficiency are greatly increased among employees who bring their dogs into the office with them.

- Workplace distinction that will separate you from your competition.

Moving towards a dog-friendly workplace may not be embraced by all employees. Some people do not like dogs, may have an allergy and/or are afraid of animals. It will be your responsibility as the employer to accommodate these people, too. This could be as simple as having a “dog-free” area of the office to installing a top of the line filtration system to diminish the effects dander and pet hair.

If you are going to create a dog-friendly workplace, there are a few things to keep in mind.

- Some industries may be prevented from having dogs by state law and/or local regulations.

- Make sure that your building will allow dogs inside.

- Obtain proper insurance to protect your company in case of injuries or damages.

- Create workplace rules regarding dogs, put them in writing as part of your Employee Handbook.

- Will you require proof of recently vaccinations? Free of fleas? Pet training?

- Will you permit all dogs in the office or those under a certain weight?

- Will the dogs be allowed in every part of the office?

- Where and how will dogs be kept if an employee needs to leave the office during the day?

- How will you deal with an aggressive dog?

- Create rules regarding cleaning up after the dogs.

If you are interested in becoming a dog-friendly workplace environment, start with a trial run. Invite your employees to bring their dogs on a certain day every week for a set period of time. See how it goes and affects your company. For more information, please contact Lowden & Associates, Inc. at 770-248-0401.

OSHA Annual Summary Posting by February 1, 2013

ATTENTION: OSHA expanded their scope and increased the amount of citations concerning the standards of recordkeeping. Employers who maintain the Occupational Safety and Health Administration’s 300 Logs for workplace injuries and illnesses must post their 2012 annual summary by February 1, 2013. Forms can be found on the OSHA website.

All logs must be certified by an approved company executive who is considered to be:

1)      Company Owner

2)      An Officer of the corporation

3)      The highest-ranking company official working at the establishment

4)      The immediate supervisor of the highest-ranking company official working at the establishment.

The annual summary report requires that employers include a calculation of the annual average number of employees covered by the Log. Also required are the total hours worked by all covered employees. The requirement allows employers to compare the frequency of a significant occupational injury and illness at their workplace compared to other companies.

OSHA Logs must be posted for three consecutive months from February 1^st to April 30^th, even at companies that have no recordable injuries or illnesses. Employers have the responsibility to ensure that the posted annual summary is not altered, defaced or obscured at all during the entire posting period.

In 2013, OSHA will stay with a focus on recordkeeping in its National Emphasis Program (NEP) and enforcement focus. Employers should take time to carefully review the forms for technical errors and review all other materials to confirm all recordable incidents have been included properly.

For more information, contact Lowden & Associates, Inc. at 770-248-0401.

Court Strikes Down NLRB Due to Unconstitutional Appointees

The short-term fate of the National Labor Relations Board (NLRB) is in real jeopardy as of Friday, January 25, 2013. The U.S. Court of Appeals for the District of Columbia issued a major blow against the NLRB in Noel Canning v. NLRB.

Led by Chief Judge David Santelle, the opinion was decided on purely constitutional grounds. They ruled that President Barack Obama’s three ‘recess appointments’ of NLRB Board Members in January of 2012 were not constitutionally permitted. The court ruled that the appointments were made when the Senate was not in recess and for “vacancies that did not ‘happen during the Recess of the Senate’ as required by Article II of the Constitution.” In the decision, the court cited the decision from the U.S. Supreme Court in the 2010 case New Process Steel v. NLRB, that without a proper quorum “the order under review is void ab initio (from the beginning).”

This case will most likely end up in the U.S. Supreme Court and if they side with the Court of Appeals, the judicial ruling could void every decision the NLRB has made since the last proper quorum. As of now, things look rather desolate for this government agency.

Board Chairman Mark Pearce (a non-affected appointee) released a defiant statement after the court’s decision vowing the board would “continue to perform our statutory duties and issue decisions.” If the ruling stands, this would put the NLRB in an even greater hole, creating even more cases that a future board will have to re-decide.

Lowden & Associates will stay on the developments of the NLRB’s fate and keep you posted. Stay tuned.