New NLRB Rule Requires Notification of Employee Rights to Organize

The National Labor Relations Board(NLRB) issued a final rule that will require most private sector employers to post notices in their workplaces advising employees of their right under the National Labor Relations Act (NLRA), regardless of whether the workplace is unionized or union-free. The NLRA is the federal statute that provides employees with the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. The rule will take effect on November 14, 2011.

The notice must be posted in conspicuous areas of the workplace, including all places where other workplace notices are normally displayed. The notice can be found and downloaded here.

Employers may also be required to distribute the notice electronically to employees, such as email, posting on an intranet or an internet site and/or other electronic means. Employers should maintain a record of when, where and how they posted the notice, including a digital photograph to serve as evidence of compliance with the notification requirement. Failure to comply may be considered an 'unfair labor practice' under the NLRA and can be reported to the NLRB by employees.

For more questions or information about this rule change, please contact Lowden & Associates, Inc. at 770.248.0401.

Georgia Supreme Court Rules Non-Lawyers May Not Answer Garnishments

Over the years, Georgia employers have become accustomed to processing and responding to garnishments on their own. While legal counsel might be called upon to handle the more unique issues that inevitably arise in a garnishment proceeding, employers more commonly resort to their human resources or payroll departments to handle routine garnishments.

But the other week, the Georgia Supreme Court adopted what had until now been only an informal State Bar advisory opinion stating that a non-lawyer, such as a payroll clerk or human resources employee, who answers a Georgia garnishment is engaged in the unlicensed practice of law.

The Demands of Quality

Ten Steps to Retain High Potential Employees

Every company wants to capitalize on their high-potential employees to ensure the greatest amount of success, though sometimes their corporate culture sabotages their goal.

However there are 10 simplistic ways to help maximize high potential employees.

1) Tell Them They Are Special
It is human nature that employees want to be praised for a job well done. This is especially critical for high-potential employees. In a Center for Creative Leadership survey, only 40% of employers formally tell high-potentials their status. Companies that fail to acknowledge their employees pay a steep price with a higher turnover rate with this crucial demographic.
2) Align Individual and Company Needs
Top talent not only appreciates but wants to be directly involved in planning their development. This group does not like to be dictated to. The planning process should be a dialogue where both sides wants and needs are balanced appropriately.
3) Give Real Responsibility
High-potentials thrive the most when they are truly held accountable for something that is a significant assignment under their control.
4) Show Flexibility
Companies need to be flexible in offering creative solutions that respect lifestyle needs and while still providing the opportunity for advancement. An inflexible assignment, especially relocation with young children and a working spouse, can create serious problems and become a morale buster.
5)Utilize Strong Mentors
Mentors can go a long way in the success of a high-potential employee, who want access to people in the hierarchy. Also, substantive exposure to top decision-makers and not just ‘face time’ is essential in the development of high-potential employees.
6) Develop Leaders
High-potentials are aware of current workforce trends and therefore what they want and need from a development program. Companies should consider what their high-potentials are saying.
7) Use a Systems Approach
This approach does not require a costly and/or sophisticated software. The process for creating criteria, evaluating performance and analyzing administrative compliance should be provided.
8) Use a Transparency Test
Employee morale decreases when the selection process is viewed as unfair or has a built in favoritism component. Make sure your policy is open and upfront to avoid any misconceptions.
9) Get Buy-In From The Top
Initiatives like this are set-up for failure without the direct buy-in from the company’s top leaders.
10) Only Offer What Is Possible
Always weigh carefully whether or not your company can truly afford to pay the total rewards that high-potentials like to receive.

Lowden & Associates, Inc. Honored to Support CHRIS Kids and the 11th Annual CHRIStal Ball

Lowden & Associates, Inc. is honored to announce their continued support of CHRIS Kids and the 11th Annual CHRIStal Ball on Saturday, September 24, 2011 at 6:00 p.m. The gala event will be at the Georgia Aquarium in downtown Atlanta.

LAI's owner Sheila Dramis and her husband Fran will be awarded the CHRIStal Vision Individual Award during the ball. They will receive this special honor for their philanthropic contributions, outstanding leadership and service to children, youth and families with special emotional, residential and mental health needs in the state of Georgia with CHRIS Kids.

"We feel privileged to be associated with such a wonderful non-profit and have the honor of being this year's CHRIStal Vision Award winners," said Sheila Dramis, President and CEO of Lowden & Associates, Inc. "CHRIS Kids is an invaluable institution in the community".

CHRIS Kids unlocks the potential for thousands of children, youth and families by providing unconditional love, housing and other supportive services to ensure people become productive, contributing members of our community. They celebrate their 30th anniversary and have changed over 15,000 lives in the state of Georgia.

For more information on CHRIS Kids, the CHRIStal Ball or to donate today go to wwww.chriskids.org.

Quality Performance Appraisals...Reduce Risk of Discrimination

5 Easy Steps to Put Your Company on More Solid Ground

The value of conducting consistent performance appraisals on every employee cannot be understated. Most companies miss the mark on this point and therefore open themselves up for possible discrimination claims when a disciplinary action or termination arises.

Employers usually have a valid business rationale and lawful motivations for both disciplinary and termination action. Then why are discrimination claims so prevalent? Two simple answers. The first reason is companies struggle with a lack of a clear process and follow through when it comes to evaluating employees. The second is for emotional reasons. Companies have problems during the pre-termination and the termination process. These flaws can create the illusion of unlawful motivation even if none were present.

So the big question becomes, “How can a company reduce the risk and shore up the evaluating process?” The following are several points to answer the big question.

1) Over-evaluation is deadly. Some employers feel uneasy with providing a tough critique of an employee during their evaluation. Instead of listing a factual representation of the work and attitude of the employee, the employer glazes over faults and only seeks to praise. The problem with this approach is it can provide evidence of pre-text (which alone wins a litigation case). Companies should maintain a list of all employees whom have received complaints and/or concern from supervisors. This way provides documentation of issues and can serve as a reminder to the supervisor.

2) Employee evaluations should contain a comparator question. For example, “How does the employee’s performance compare with that of his or her peers?” This is a great way to make sure over-evaluation does not occur because not everyone can be better than their peers.

3) Delay comes with enormous risk. Train managers that once a decision has been made, act on it. Delay creates a window for an employee to use in order to make a protected compliant that will make any sort of adverse action that follows seem retaliatory in nature. In certain situations, delay can be inevitable. When those times arise, document the fact that a decision was made.

4) A cluster of documentation during a small period of time following a time with no documentation can be worse than if there where no documentation at all. When this happens, it gives the perception that the employer is out to get the employee. HR professionals should be contacted every time a manager is mildly irritated or frustrated with an employee instead of delaying until a decision has been made.

5) General labels must be made specific. HR professionals need to be used in order to break down the general labels of supervisors into relating to specific behavior problems. Simply saying the employee had a bad attitude will not suffice. A bad attitude to one person is another person’s good attitude. Always contain specifics.

When in doubt, it is always better to be specific and contact your HR professionals for assistance. For more information on performance appraisals, contact 770.248.0401.

Don't Blow the Candles Out on the Celebration

Having an intra-office birthday party for an employee is a great low-cost but personalized way to honor an employee. However, if handled incorrectly it can lead to hurt feelings and claims of discrimination.

First and foremost, always ask permission from employees during the new hire process. Some people view releasing their birthday information as an invasion of privacy. Others might believe that celebrations of any kind could be at odds with their religious beliefs.

Recognitions should be funded by the employer, though in a lot of companies today department leaders ask their employees to chip in with costs sometimes. This situation can create an uncomfortable situation and lead to ill will between co-workers. Ask preference beforehand to remain on the safe side.

The most important rule to always remember is never reveal the age and/or year of the employee's date of birth. Some companies have monthly birthday celebrations and honor all employees born in that specific month. This helps to reduce the risk of talking about birthday years and/or age.

Finally, to avoid any discrimination claims, what you do for one employee must be offered for another employee as well. This will reduce the bias of preferential treatment.

Company birthday celebrations can serve as a great and easy morale booster, just do not go blowing out the candles of the party!

Finding the Best Candidates to Make Your Company a Success

Complimentary Lunch-n-Learn on Recruiting and Interviewing Techniques
Presented by Lowden & Associates, Inc.

The economy is trying to rebound which brings Americans to finally see some jobs return to the states. Hiring skills in recruiting and interviewing might need to be dusted off to compete for top notch candidates in the vast available pool.

Needing a crash course in how to find the most qualified candidates to make your business more effective? Lowden & Associates, Inc. is offering a complimentary Lunch-n-Learn on September 14.

Feature Highlights:- How to source qualified candidates
- Important fundamentals of ad writing, job descriptions and where to post
- Value of effective recruiting
- Interviewing skills required to obtain the best talent
- Appropriate and inappropriate interview questions
- How to read interview cues
- Value of decision making criteria

Come Learn Effective Recruiting and Interviewing Skills at a Complimentary Lunch-n-Learn sponsored by Lowden & Associates, Inc.

Wednesday September 14, 2011
11:30 a.m. to 1:30 p.m.

LAI Headquarters
3105 Medlock Bridge Road
Norcross, GA 30071

SPACE IS LIMITED, RESERVE TODAY
Contact Todd Weyandt
Communications Manager
todd@laihr.com
770.248.0401