Happy Holidays

The holidays can sometimes provide some challenges for executives and HR professionals. While we want to have a good working environment for all employees, the holidays can sometimes cause difficult situations. Recently, I received a complaint that our former Good Friday holiday is now called “Spring Holiday” yet the Christmas holiday was still named Christmas. Also, complaints were received that the Christmas Party is now called the Holiday Party and the Christmas tree was absent this year. As organizations try to be mindful of all employees with differing cultures, religions, and races, some employees may be okay with the non-denominational changes, but others are not, and are not afraid to voice their complaints. Is there a valid point here? Should Christian holidays be included in the workplace regardless, since its tradition? Employees forget that we do not all have the same beliefs, and while some traditions are okay for some employees, it may not be okay for others. In order to have a work culture that conducive to welcoming all races, religions, backgrounds, and personal beliefs, we must be careful about not forcing religious holidays upon all employees.


(btw I am Christian, but want to be sure all employees have a good work environment, regardless of my personal beliefs)

Happy Thanksgiving

What I'm Thankful For This Thanksgiving, we have a lot to be thankful for.

Here's my partial list: I am thankful for . . .

Employees from hell.
Managers who begin phrases with, "I know I shouldn't say this, but . .."
FMLA and employees who don't give notice.
Changes in technology just for the fun of it.
Mandates from corporate that don't make sense.
Increasing health benefits costs.
Lawyers who need to review all documents before distributed.
Managers that don't understand management.
Management that doesn't understand employees.

Teams that won't get along.
Mergers and acquisitions with 14 different pay plans, benefit plans, and policies and procedures.
New laws that no one understands how to interpret.
Top talent who leave the organization because a competing organization offers better perks.
Too many applicants.
Too few applicants with the right skill sets.
Hiring managers who insist on asking job applicants, "where are you from?"
Managers who think older workers are naturally "overqualified."
Slashed budgets.

Why am I thankful for all these things? Because they ensure that we will always need human resources professionals!

May you have a blessed Thanksgiving and holiday season!

Reference

An e-briefing from Cathy Fyock and Innovative Management Concepts

Thrown under a bus?

What do you do when you get thrown under a bus by a friend, coworker, or even your boss? I know every detail of a bus undercarriage, so I thought I’d post my thoughts about this.

First of all, if you have never heard this term, it means that that someone has said or done something to make you look bad. It could be true, such as something you said in confidence has been repeated making you look bad. Or, it could be completely false. This leaves you wanting to defend yourself. Be careful how this is done. If the facts revealed are true, then it might be best to go to the person and possibly explain what was said. Once, I was grilled by a VP about an employee that I worked with. The VP then took what I said and used it to complain to the CEO. What I thought was discussed in confidence, was not. I have learned that all communication at work is not confidential. I then went to the employee and told them what I said was taken out of context and what was said to the CEO was not what I meant. Not surprisingly, that VP was let go shortly after. I’m glad the CEO didn’t buy into the feeding frenzy.


So, what if it’s your boss that throws you under the bus. Now we are stepping on sacred ground. Never, ever throw your own boss under the bus. That is just corporate suicide. However, if something is said that is not true, or you don’t agree with, go to the boss and explain that you did do your job (if that’s the case), and what you did. Basically, defend yourself, but in a professional non-emotion manner. Also, never go over your bosses head to his boss. That will just bite you on the back side when the bosses boss tells your boss what you said. You might as well get the resume out (this applies to day to day complaints, not direct supervisor harassment issues).


What to do when the boss is wrong? Go to him and explain why you think the decision might be wrong. Again, don’t be defensive, just explain professionally and let the boss make the final decision. If the boss does not like your idea, that is his/her choice. But at least you expressed your opinion on the matter, and you are basically off the hook for a possible bad decision.

Exempt vs. Non Exempt

Exempt or Non-Exempt from Overtime

“We will just pay all employees a salary, and make them Exempt.” I’d like to have dime for every time I’ve heard that.

California is a sticky state in regards to classifying employees as Exempt or Non-Exempt, as the laws and regulations are stricter than the Federal laws. Employees must be classified correctly based on their actual job duties and must fall under one of the following exemptions to be exempt: Executive, Administrative, Professional, Artists, or Outside Salespeople. They must also make two times the minimum wage for the Exempt status to apply.

The employee’s job title and method of payment are irrelevant in classifying exempt employees.* Employees must meet all the requirements under one of the Exemptions listed.

Executive Exemption:
This is usually for management employees, but managers must meet all the requirements:
-Management of department or division
-Direct the work of two or more employees
-Has authority to hire and fire
-Exercises discretionary powers
-Is primarily engaged (more than 50%) in the above duties.
-Earns a monthly salary of no less than two times the minimum wage.

Examples of non-exempt work:
-Performing the same kind of work as subordinates
-Production work
-Making sales, stocking
-Clerical duties

Administrative Exemption:
To determine if an employee is exempt under the Administrative Exemption we need to look at the duties the employee performs and well as their salary. They must meet the following requirements:

-Has duties involving office or non-manual work directly related to management policies or operations
-Performs customary and regularly uses discretion and independent judgment in executive or administrative capacity.
-General supervision only of work for specialized or technical duties which require special training.
-Primarily engaged (more than 50%) in the above activities and monthly salary is no less than two times the state minimum wage.

Examples of non-exempt work:
Clerical, deliveries, operating equipment, inspecting, tabulating data.

Professional Exemption:
A professional employee must meet all of the following requirements to be considered exempt under the Profession Exemption:
- Is licensed by the State of California and in the practice of one of these professions: law, medicine, dentistry, optometry, architecture, engineering, teaching, or accounting; or
- Is primarily engaged in an occupation that is known as a learned or artistic profession such as specialized intellectual instruction in science, original and creative artistic work, work that is predominately intellectual.
- Exercises discretion and independent judgment
- Earns a monthly salary no less than two times the state minimum wage.

Examples of non-exempt work: Nurses, paralegals, uncertified accountants, editors, artists, copy writers

Examples of exempt professions: Doctors, attorneys, CPA’s, licensed civil and mechanical engineers.

Support staff does not usually fall into the Exempt classification. Someone once said, “Well, let’s change their job duties so we can make them Exempt.” You really can’t change the job duties of a receptionist or mail clerk to make them fit into an exempt category. Plus, they probably don’t make twice the minimum wage.

As managers, we try to protect organization from labor disputes by classifying employees correctly. Some employees are well versed in California labor law, not just for their own personal use, but also for advising clients. We must classify employees correctly and not try to make them fit into one category or another. The labor board just won't buy it.


Reference: 2008 California Labor Law Digest. California Chamber of Commerce.

Death of a Co-worker

This a subject not discussed in business administration classes. How does an office deal with the death of a co-worker? As a manager, how do you handle the grief yourself and the grief of others at the same time? Recently, this very situation has happened in my office. I was told by the President about the passing of a 46 year old co-worker. I gasped so loud I think others heard me through my closed door. My boss was having such a hard time getting the words out, that I thought I was being fired. I was shocked to say the least. The President advised he was going to advise a few other people, and then I needed to arrange an all staff office meeting. I could not even think, let alone, arrange a meeting. I finally gathered my thoughts and arranged a meeting for an hour later. In that hour, I had to confine my feelings and emotions until everyone was told. Hard to do, but since I was in shock, I just denied what I had heard.

The President made the announcement at the meeting. Everyone was in shock; some started crying instantly, and while others where just in a daze. As a manager and professional, somehow, I had to reach down deep and find the strength to deal with my own sorrow, while at the same time deal with the sorrow of everyone else. Since I had an hour head start on dealing with the sad news, I probably had an advantage in helping others deal with the news. After the meeting, I gathered myself enough to be able to walk around the office and check on people. I know they were not “okay” but I asked anyway. Some employees wanted to talk about it; while others retreated to their cubicle and wanted to be alone. Each person dealt with the grief in their own way. I just kept watch. I decided an email to an individual might be more appropriate than a face to face discussion for those who wanted to be left alone. Not much work got done, understandably so.

On the second day, the weight of the sadness was still pretty heavy, but employees were more open to talking. On the third day, the office mood was still pretty heavy, but I noticed people started to coming to terms with the death, and were more at peace. It was still hard to walk by his office and see his family portraits, plaques, paintings, and all the individual items. I did not deem it appropriate to immediately clean out the office, but it will have to be done eventually.

We decided to have a lunch in his honor. Since there are no services, per his wishes, we had our own office tribute to him. We decided to have a slide show to display fun pictures of him during lunch. Surprisingly, gathering all the pictures for the slide show was very therapeutic. All the fun times, smiles, and laughs helped me come to terms and accept his sudden death. The lunch memorial gave some closure to staff and hopefully some peace. We told different stories of fun times with Glenn. We laughed, and we cried. It was good for everyone.

We are creating a scrapbook of all the pictures and stories to present to his family.

When I think I have experienced the hardest point in my career, I am hit with a new level of difficulty.

Employee or Independent Contractor?

I have had the opportunity to discuss employee classification on several occasions in my profession. Or, should I say I have tried to convince employers that they cannot just 1099 a worker and call them an independent contractor. A contractor agreement will not be enough to say a person is an independent contractor either. To determine whether a person is an employee or an independent contract depends on the control the employer has over the worker. Does the employer tell the worker what time to come to work and when to leave? Does employer have policies and procedures which govern the workers job position? Do they provide them with a job description? Does the worker perform duties for the employer exclusively or do they also work for others? Does the worker have their own insurance? There is not just one test that will classify an employee vs. contractor relationship, but if the operations of the worker are controlled by the employer, the worker is probably an employee. In California, a worker is presumed to be an employee and the proof lies with the employer to prove otherwise. In Gardner v. Baby Trend Inc., 2009, where the employer argued the plaintiff was an independent contractor, but the court ruled he was not, and awarded 8.4 million to the employee (Gartner). Classifying employees should not be taken lightly, and in California, if classification is borderline, chances are the worker is an employee.


Reference

Gartner, L. (2009) Verdict Serves as Costly Reminder on Worker Classification in California
retreived from SHRM website 7/21/09.

Safety in the Workplace

Guess what? Since my last blog, we have a new alarm system! Hooray!

So, now is a good time to discuss …

Personal Safety in the Workplace

Here are some precautions to take:

Try not to work alone after hours. Try to avoid working alone. Always let someone know if you must stay late. Leaving in pairs is always safer. There is safety in numbers.
Make sure all doors are locked when staying late.
Leave all the lights on when working late. The janitors or timers will turn them off during the week at most offices.

Do not give out scan cards or keys or leave the door open for visitors or delivery people. Let them come through the receptionist desk and sign in. If possible have the receptionist area cut off from the rest of the office, so people can not walk around the office without being checked in and taken back with the employee.

Keep your personal property personal. Lock up your purse. Don’t leave it unattended.

Be aware of your surroundings especially in the parking lot. We once had someone sitting between two of our parked cars. Take two seconds to look around as you walk towards your car to check out potential risks. Is anyone loitering?

Be aware that anyone can use the restroom or be in a secluded hallway.

Only carry the essentials. Don’t’ carry or leave at work unnecessary cash or valuables.

Be safe when you get in your car. Lock the doors right away.

Watch what you say. Be careful to no give out personal or company information. Eavesdropping is a problem when on your cell phone or even on your cubicle phone. Don’t give out information, such as the doors are unlocked most of the time or any other security information.

If there is a threatening situation in the office, dial 911, you don’t even have to talk to them. Just dial 911 and put the phone down on the desk, they will come when you don't answer them or if they hear trouble in the background.