Wage & Hour Issues: The Trial Lawyers Dream Come True

More wage claims were filed in federal court in 2006 than in 2003/04 combined. Through April 2008, those claims are on pace to outdo 2007. Entire law firms are being formed to litigate wage and hour claims.

That's because about 70% of all businesses are out of compliance with wage & hour laws.

One Rochester, NY attorney switched from defense to plaintiffs work, saying, "I can hit a company with a hundred sexual harassment lawsuits, and it will not inflict anywhere near the damage that [a wage and hour suit] will."

It’s estimated that corporate America pays out more than $1 Billion a year to settle and resolve wage and hour claims.

We're mostly talking about exempt or non-exempt employees, from not taking meal breaks to tip credits, and overtime. From Starbucks to Oprah Winfrey, no employer is immune.

Tomorrow, we'll talk about ways to prevent these lawsuits and claims from occurring.

Courtesy Rush on Business; Ethics & Legal Compliance Training; Business Week; New York Times (registration required)

Workplace Wellness Programs

Even in this down economy, workplace wellness programs are on the increase. The advantages are numerous - lower health care costs; increased attendance and improved morale.

Employee Assistance Programs (EAPs) are also an inexpensive way to obtain these advantages - and in some cases, spouses and dependents can participate as well.

Wellness programs also increase the attractiveness of an employer. Companies with wellness programs that touch on the physical and emotional needs of staff and their families show the employer's interest in keeping everyone healthy, and keeping them happy.

Courtesy East Indiana Star Press.

When You're Ready For Management

"It's good to be the King," said Mel Brooks in History of the World Part I.

Lots of employees envy the boss; the boss is the one who sets the agenda, enforces the rules, and gets to make the decisions the rest of us must implement.

From the outside looking up, management seems like a great job. Telling others what to do, instead of being told what to do, is really the essence of what many people aspire to.

Yet from the perspective of managers, there's no job more humbling. Making decisions - no matter how benign - that affect people's lives is difficult. The balance between managing and doing is a fine one.

For example, the best salesperson does not necessarily make the best manager. The attributes needed to succeed in sales - supreme self-confidence, self-motivation and determination along with a strong measure of independence - are not those which are desired in a great manager.

Management requires a huge team concept, the ability to admit you've made incorrect decisions and immediately change course.

A very good checklist on "Are You Ready For Management" is available here - written by Jackie Harder in the Miami Herald.

Keep Politics Out of the Workplace

We've written before about the need to keep political discussions out of the workplace. The best practice is to discourage it - emotions can simply get to volatile, and there's no real need to have that discussion in the workplace, anyway.

And don't let anyone throw the first amendment at you, either: political speech at work is generally not protected by the First Amendment.

Where the political issues get troubling is when employees bring political buttons, signs, bumper stickers, etc. into the workplace.

Make sure to review and/or update your employee handbook to make sure these activities are prohibited (usually through a non-solicitation policy).

And, make sure to read this excellent article on the topic from our friends at Jackson Lewis.

Insult Your Boss Day

Happy "Insult Your Boss Day". No, I'm not kidding. It must be official - it even has a website: http://www.insultyourbossday.com/.

It better be tongue-in-cheek. I find very few bosses who appreciate being insulted.

There's a difference, though, between insulting your bosses and legitimate criticism.

Think about a major difference you have with your employer. The best managers invite a contrary opinion; just be careful about how and where you express that opinion.

I never object to an employee who has a difference of opinion. But I would strongly prefer to be criticized in my own office than in front of a number of employees; my initial reaction to the latter situation would be hostile.

Don't insult; do express your opinion - but know where and when to do it the right way.

Courtesy Winston-Salem Journal.

Employers Do Not Need To Ensure Meal Periods

In a decision that California employers have been waiting for, a California Court of Appeals today ruled "...while employers cannot impede, discourage or dissuade employees from taking meal periods, they need only provide them and not ensure they are taken."

In Brinker v. Superior Court, the Court analyzed what California Labor Code § 512 means when it requires an employer to "provide" meal periods to its non-exempt employees. (California Labor Code § 512 requires that an employer "provide" an employee with a meal period if the employee works five (5) hours or more.)

For years, the California DLSE and courts have interpreted the term "provide" to mean employers must require employees to take their mandatory meal periods or be liable to the employee for one extra hour of pay.

It would be a mistake to immediately change any policies you have in place regarding meal breaks; the decision will almost certainly be appealed to higher courts.

The Annoyance of E-Mail

One of my closest friends has an e-mail account, but refuses to give out the address to his friends. "I get enough e-mails at work," he explains, "and the junk I get from my friends is the biggest time waster I can think of."

The overuse of e-mail, and related etiquette violations, are a big annoyance in the workplace.

ABC News has developed a list of "No-No's" when it comes to business e-mails (and they're all great examples of what not to do). They are:

1. Don't 'cc' someone's boss on a criticism unless you really mean it;
2. Hitting the 'reply all' button;
3. USING ALL CAPS

It is suggested that you develop an e-mail etiquette policy for your handbook - but, like all policies, you need to consistently enforce it.

And remember - when you put something in writing - it's there forever.

5 Alternatives to a Pay Raise

The economy is down, and business owners are feeling the pinch. Employees may deserve a pay raise, but you can't afford to provide one.

Here are five alternatives to a pay raise:

1. Increase the number of paid days off.
2. Go to a four day work week twice monthly.
3. Telecommute one day a week (this saves the employee travel time and gas expense).
4. Establish a bonus for high performance during the year; if an employee exceeds billable hours, or productivity standards - your business will improve.
5. Initiate a 401(k) or other savings incentive plan (the incremental costs are very small compared to the perceived benefit)

Remember, it costs far more to replace an employee than keeping one. Reducing your employee turnover is a key component to business success.

Courtesy USA Today.

Same-Sex Marriage & The Affect On Employers

When California's Supreme Court overturned a state law that banned same-sex marriages in May, the impact on employers was not immediately clear. As lawyers and experts have begun to evaluate this decision, their opinions are starting to come out.

Writing in Harrison Ford's Management Update, Jeffrey Ashendorf says that "Employers should review the terms of their benefit plans and employee communications and adopt a clear definition of the term "spouse" to avoid any confusion. Additionally, if benefits are or will be offered to same-sex spouses or non-dependent domestic partners, employers should ensure that their payroll or accounting departments can comply with differing tax treatments under federal law."

Obviously the issue is controversial - and litigious - for employers. Take steps now to ensure you're in compliance.

Retaliation: The New Emerging Issue for Employers

Employment attorneys tell me that the reason retaliation claims are on the rise is that retaliation is much easier to prove than harassment. Some plaintiffs lawyers are even 'giving up' on a harassment complaint and just focus on retaliation as a result.

When I conduct workplace investigations, one of the things I look for is whether retaliation has taken place. It may be that there was no actual harassment - but there was retaliation.

The simplest example is when an employee is terminated shortly after making a harassment or discrimination claim. The burden is on the employer to prove he or she did not terminate because the accusations were made.

And retaliation can be much more subtle - co-workers avoiding the accuser; management moving the accuser to another office or work location.

Make sure you add a non-retaliation policy to your employee handbook. But you need to be vigilant in making sure the policy is truly in practice.

This excellent article from Shaw/Valenza illustrates some recent retaliation decisions made by the courts.

Alternatives to Employee Layoffs

Yesterday, we discussed the downside to laying off employees. It often is a short-term fix at a substantial long-term cost to your business.

But when business turns south (62,000 jobs were lost last month), what alternatives are there?

Michigan-based Pro-Temp Inc. co-owner Cal Van Hemert started snipping away at expenses at the heating, cooling and refrigeration service company.

He replaced the company's formal holiday dinner with a pizza lunch, restructured to get more people into the profitable sales department and is debating whether to trim benefits for his 14 employees.

Cross-training employees in multiple roles can add efficiency with no additional cost.

Employees might agree to sabbaticals, unpaid vacations, lowered salaries, even work furloughs.

415 Productions offered either an overall 5 percent pay cut, or a four-day work week reflecting the appropriate decrease in pay.

Charles Schwab Corp. guaranteed a $7,500 bonus for any affected employee who gets rehired within 18 months. In addition, company founder Charles Schwab and his wife created a $10 million educational fund for these workers. The fund will cover as much as $20,000 worth of tuition over two years at accredited academic institutions.

Your most important investment is in human capital. The cost of turnover is significant.

Thanks to salary.com and themorningcall.com.

The Downside of Employee Layoffs

In a "down" economy, the first thing many businesses decide is to layoff employees.

It's not a great idea, since it is a short-term fix at a long-term cost.

William McKinley, in an article titled Organizational downsizing: constraining, cloning, learning,
wrote that "While downsizing has been viewed primarily as a cost reduction strategy..there is considerable evidence that downsizing does not reduce expenses as much as desired, and that sometimes expenses may actually increase."

Employees should not be viewed as an expense, but as a capital investment.

F. John Reh argues that businesses need to consider the reduced morale and the reduced performance and innovation it will bring, and to consider the reduced quality of the company's overall workforce that will result.

Tomorrow, we'll discuss alternatives to laying off employees.

Courtesy about.com (management).

Getting Coffee For The Boss

So an employee got fired for complaining about having to get her bosses coffee. And then sued for a hostile and discriminatory work environment.

She lost (here's the article in www.philly.com), but certainly created a problem for her former employer.

The best way to deal with this problem - like most problems - is to get in front of it before anything gets out of hand.

For example, the written job description should always include a section that says, "...and all other duties as required by management." And it wouldn't hurt in the job interview to mention that bringing coffee to the boss is considered part of the job.

As for me - I'm fully capable of getting my own coffee every day, and would rather have by associates working that making me a latte.

The fired employee plans to appeal - but one of her quotes was really significant: "...they had no idea that I needed that job as much as I did..."

Managing Your Boss

I've written frequently about the concept of 'managing up'.

Now, Joe Tokash, writing in Business West Online, offers four steps to Managing Your Boss:

1. Choose Good Timing
2. Understand How Your Boss Prefers Information
3. Align Understanding
4. Follow Up and Live Your Word

All excellent steps. Remember - as a boss, it's up to you to encourage and foster communication with your employees. As an employee - it's equally up to you in order to proactively deliver that same communication.

Absenteeism in the Workplace

Many employers - especially smaller ones - get frustrated with frequent absenteeism. It reduces productivity and even minor disruptions can create problems in the workplace.

Sandra Sunken, writing in the Ventura County Star, has several suggestions on improving poor absenteeism - several I don't agree with:

But let's start with the ones I do agree with:

- You can make a difference. As a leader, it's your responsibility to set an example and make sure you set expectations as well.

- Leading by example. I once worked for a boss who believed he should be the first one in the office at least twice a week, and the last to leave at least twice a week.

- Create a bank of personal time days. In the HR world, this is called "Paid Time Off" or "PTO". PTO combines vacation, sick and any personal days an employee is eligible for. When they call in sick, or request a vacation, it is charged to PTO - so it doesn't matter why they're off; they're just off. And when that bank of days is exhausted, they can still be absent - they're just not paid for that time off.

Here's where I disagree with Ms. Sunken:

- Let your employees know you care about them. While this is important for morale, it's not relevent to absenteeism. If you care about your employees AND they care about their job, they'll be there.

- Emphasize the link between attendance and productivity. It seems to me that employees who are frequently absent simply don't care about productivity (or their jobs, for that matter). Explaining the importance of productivity likely will not result in improved attendance.

- Job Enrichment. Why would you go to the trouble of cross-training and developing an employee who doesn't care enough to show up?

- Prize Pool [for punctuality and attendance]. Many companies do this, and I'm frankly opposed to it. Attendance is a minimum expectation of employment. I do not believe in rewarding anyone for something they're expected to do. (However, rewards for exceptional performance are something I highly encourage).

Setting the expectation is critical. This should be emphasized in the job interview, supported in a written job description, and addressed immediately when there is a pattern of absences or tardiness.

Ending Gossip in the Workplace

The bad news first: it's really difficult to put an end to gossiping. Most people have a natural tendency to talk about others (witness the explosion of sites like www.perezhilton.com and www.tmz.com).

Yet gossiping about fellow employers or leaders in a business can truly produce incredible morale issues. My experience shows that if employees are happy, they tend not to negatively gossip in the workplace.

On the other hand, I've seen businesses where gossip is crippling morale and reinforcing already negative attitudes.

So what do you do?

Sam Chapman of Empower Public Relations set forth a 'no-gossip' zone in his office, firing three employees and establishing a strict policy of no-gossiping.

Perhaps a more practical approach is to keep your eyes open for unhappy employees and enforce your open-door policy. Find out what is troubling him or her and make sure your policies, procedures, and decisions are frequently communicated to everyone.

That (naturally) has created some consternation among the experts, as outlined in this article in the Christian Science Monitor.

Love Contracts

Even though businesses frown on workplace romance, let's face it: most of us have three ways of meeting people: through our friends, at a bar, or at work. And since we spend at least one-third of our lives at work, the chances are there that a romance will develop.

In most states, an employer cannot prevent employees from dating. (However, most states permit employers from halting a romance between a supervisor and direct report).

And remember - 50% of all sexual harassment cases start when the relationship was consensual.

So how to mitigate the issue?

One way is through a so-called love contract, in which both parties acknowledge their relationship is voluntary and consensual. Although it's questionable whether these contracts are enforceable, it seems desireable for an employer to get something in writing.

Here's an excellent article about love contracts by Ann Margaret Pointer of Fisher & Phillips LLP.

Hiring Someone Just Like You

Most managers do a poor job of hiring. With the average employee turnover rate around 20-30% annually, that percentage is almost entirely a reflection on poor hiring practices.

Many managers are looking for someone just like themselves in terms of mannerisms, appearance, culture and skill sets.

David G. Javitch, Ph.D, writing in Entrepreneur magazine, calls this hiring practice "mirror-hiring".

In truth, you want to hire to your weaknesses, and not your natural strengths. An honest assessment of your strengths and weaknesses combined with your desire to bring in people who have a different skill set can only help you and your team.



via entrepreneur.com via MSNBC

Wellness Programs Benefits for Small Businesses

You don't need an expensive wellness plan to develop a healthier workforce.

Think about what's in your breakroom: bagels, donuts, chips, and sodas?

How about fresh fruit and other low-fat snacks?

The American Heart Association offers a free walking program for employers.

What are the benefits?

• increased employee morale
• lower absenteeism and
• potentially reduced health-care costs

Find out what your employees would like - if you deliver on their needs, the benefits will ultimately be both yours and theirs.

Via Chicago Tribune.

Workplace Bullying

Workplace Bullying, as noted here before, is a serious problem.

Jennifer Starace, client services manager for Business Resource Solutions, has now labeled the problem an "epidemic" in the workplace.

The best advice is to make sure your managers are looking out for this behavior and eliminating it the moment it occurs.

Unfortunately, 72% of all workplace bullies are managers!

If you've got turnover problems, or morale issues, one of the best techniques to specifically identify those problems is a 360 degree survey.

Via The Huntsville Times.

Theft in the Workplace?

It's happening, according to the Spherion Workplace Snapshot Survey.

About 1 in 5 employees admit to stealing - normally office supplies - from their employer.

What are they stealing?

• 66% pencils, pens , rulers.
• 57% paper, Post-it notes, file folders
• 11% calculators, staplers, tape dispensers
• 8% laptops, PDAs or cell phones.

Thanks to Spherion and the St. Petersburg Times.

Employers Who Monitor Text Messages

Well, it's a confusing ruling. But essentially, an employer currently does not have the right to review an employee's text messages.

An Ontario, CA police officer was given a pager, paid for and provided by the Ontario Police Department. The officer apparently used the pager to text personal - and sexual - messages to his wife (who also worked for the police department). The wireless provider, at the request of the police chief, provided those messages to the police department.

Oops.

The 9th Court of Appeal ruled that text messages are private, even when the employer provides and pays for those messages. (The Ontario PD even had a policy prohibiting personal use of the pagers).

For now - consult your employment attorney and don't monitor your employees text messages.

Courtesy Information Week and the Los Angeles Times.

Pre-Employment Testing: Can You Do It?

Lots of business use tests prior to hiring a new employee. These can be skills tests such as math; aptitude (which are frequently done for sales positions); or personal instincts). Done properly, these tests can greatly reduce turnover and improve chances for a successful hire.

But there is a significant downside, if these tests are done improperly, not employment-related, or have the possibility of generating a pattern of discrimination. The classic example of the latter is Federal Express, which in 2007 reached a $55 million settlement as a result of a lawsuit that alleged FedEx used a 'basic skills test' for promotions. 86% of white employees passed the test, compared to 47% of blacks and 62% for latinos.

Make sure you use the following guidelines when evaluating or considering pre-employment testing:

1. Know when to administer the test (pre-job offer or post-job offer)
2. Make sure the company you use to conduct the testing has validity - they have proof that the test is non-discriminatory
3. Make sure the test is employment related for the position (for example, you don't want to administer a math aptitude test for a dockworker).

Finally, make sure to review your program frequently with your HR Department or employment attorney.

Courtesy law.com and Baker Hostetler

Creating an Internship Program

Both businesses and students benefit from internships.

For the student, an internship allows them to learn about a potential career from a 'real-world' perspective and perhaps earn some money after classes or during the summer.

For businesses, however, the potential benefits are much greater: besides getting part-time workers at an affordable cost, businesses can benefit from the enthusiasm and new ideas of a college student. And if that student has a positive experience with your company, they are more likely to end up as a full-time employee of yours down the line.

The California Chamber of Commerce recently published an article that tends to focus on the fact that internships should be paid. (It's difficult to establish all of the criteria needed to provide an unpaid internship).

And the most important thing to remember is that if an intern is paid, they are an employee - subject to workers' compensation and all of the federal and state protections from harassment, discrimination and retaliation in the workplace.

Managing Employees Who Have Body Art

The popularity of tattoos in the "Y Generation" is certain: studies show that up to 40% of people under the age of 30 have body art.

But as this generation enters the workplace, visible tattoos can create issues in the office. According to this report via McClatchy Tribune, more and more people realize that visible body art creates a stigma - for employers and clients alike. And those employees are taking steps to cover their art during working hours.

That's good news - but employers need to take the lead if they believe that tattoos (or excessive piercings, for that matter) are not good for business. Well-written policies should be created mandating what is expected of employees.

Some employers might say, "I don't have that problem now - why deal with it?" The answer is because you don't want to create a policy after your receptionist shows up on Monday morning with twelve rings in her nose, or your sales rep comes back after a weekend in Cabo with a snake tattoo on his face.

Get in front of this issue - like all issues - before it happens.

Records Retention in the Electronic Era

The advent of text messaging and e-mail have made a substantial impact on employers - especially since business-related communication has the potential of ending up in front of a jury.

How - and how long - information must be kept is becoming critical. There are state and federal laws that also apply.

The first step is to review your employee files and other documents and determine how long they must be kept - and in what form they can be kept.

A good start is to review this article from McGuireWoods LLP.

Weight Discrimination in America

According to the journal Obesity, weight discrimination is now as common as racial discrimination in US workplaces.

About 17% of men and 9% of women have reported race discrimination; and about 12% of all adults have now reported weight discrimination.

Yet no federal or state law exists that prohibits weight discrimination (for now, at least). The cities of San Francisco and Washington D.C. prohibit weight discrimination.

Discrimination involves health care, education or workplace situations, such as cases in which people said they were fired, denied a job or a promotion because of their weight.

Even though no law currently exists to prohibit this discrimination, why test it? It's extremely expensive to litigate - even when you believe you're right.

Do not make a workplace decision that takes weight into consideration. Use unbiased decision-making that is the best decision for your business.

Thanks to USA Today.

California's Hands-Free Cell Phone Law

On July 1, California is prohibiting all cell phone use for drivers unless a hands-free device is used.

What does this mean for employers?

It means your employee handbook policy should be updated to include the following:

1) You - as an employer - are not responsible for paying violation if a ticket is received; and
2) Since you can be held liable for accidents while an employee is driving on company business, you should prohibit cell phone use unless the employee can pull off to a safe area and make or receive a call;

And remember - California is usually on the forefront of new laws that ultimately get adopted by other states. It's best if you put these policies into place now.

More tips - and an overview of the new law - from Jackson Lewis.

How To Become A Caring Boss

Maureen Moriarty, a Seattle-based executive coach, offers some excellent tips for becoming a more 'caring' boss in this article in the Seattle Post-Intelligencer.

Why would you want to become a more caring boss?

1) Reduced turnover. Studies consistently show that the number one complaint of employees is not pay, but rather that they don't receive enough feedback from their boss. 40% of all employees say a poor boss will likely lead them to leave their employer, and the cost of turnover is prohibitive for any business.

2) Improved business performance. Employees who are happy are better performers, leading to better productivity.

Moriarty's best tip, of course, is for managers to listen more.

But I'll offer my own tip, one that I learned from a colleague who's now the Senior Vice President of Sales for a major insurance company:

You're always on stage.

Whether you realize it or not - you need to understand that as a leader, people are always watching you and feeding off your body language. What you say to employees is magnified in their eyes - even though you may be making what you consider an 'off-the-cuff' remark. People are watching - you are always on stage - so make sure what you do and say always reflects what you expect.

Pre-Employment Drug Testing

There's a fine line between what is desirable and what is legal in the workplace. Many employers would like to institute random drug testing of current employees, or pre-employment drug testing.

If you have such a policy or are considering one, make sure to consult an employment attorney. The laws in this area change so frequently, it's difficult to know what is acceptable and what isn't.

For example, a candidate for a part-time page at a city library in Oregon was required to take a drug test. She refused and sued. The Ninth Circuit Court of Appeal upheld, deciding this was a violation of the 4th Amendment. (Lanier v. City of Woodside)

In California, pre-employment testing is - in many cases - acceptable. But ask yourself what would require the need for drug testing? If it's a receptionist, what is the rationale? It's more understandable if the position requires an employee to drive, or handle cash, or operate machinery. Make sure your decision to drug test is correct for the position and your company, and always consult counsel before implementing such a plan.

From Barker Olmstead & Barnier.

Pets in the Workplace? Don't Count on It

So, the American Pet Products Manufacturers Association polled working Americans 18 years of age and older. According to this survey, about one in five companies allow pets in the workplace.

I find that hard to believe. Although there's little doubt that having a pet reduces stress and increases longevity in humans,

However, allowing pets in the workplace is akin to allowing children in the workplace. It is a distraction that hampers productivity.

A better idea is to have a "Bring Your Pet To Work Day" once or twice a year, just like many employers have a "Bring Your Child To Work Day".

Pets at work might be good for the pet, it might be good for the employee, but it's not good for the workplace.

From the Daily O'Collegian at Oklahoma State University

Personality Tests Prior to Hiring

The phalanx of assessment tests available to employers as they interview job candidates continues to grow.

The challenge is to decide between purely objective criteria (who is the most qualified person for the job) and subjective (who will be the best fit for my company).

Not all assessments are suitable for use as pre-employment assessments. Psychological assessments that were designed for clinical or diagnostic use, for example, should not be used. The courts have consistently ruled that psychological testing generally has no place in the business environment.

An assessment - properly administered - is invaluable to the hiring process and can increase your productivity while reducing your turnover. I personally favor and administer the Kolbe Assessment program. But find out what works best for you - make sure to involve an expert in the process.

Some excellent advice - some of which I've included here - is from Penny Morey in this article at Entrepreneur.com.

Why Have An Employee Handbook? Part II

I've written before about the need for a business of any size to have legally reviewed, written policies in force.

My favorite example is when an employee chronically comes to work late. If you try to discipline that employee, he or she can simply say, 'no one told me that'. And they could continue to get away with it.

Some employers fear that written policies bind them too much, but a well-written handbook avoids those pitfalls.

Do not use the internet or buy a software program - it takes more time than you think; you don't know how recent those policies were legally reviewed; you won't know if your company needs to have certain policies; and you don't know if those policies are specific to your state.

Get a professional - collaborate - and get the policies legally reviewed to ensure you can consistently - and properly - manage your employees.



Courtesy Kyle R. Still, Ward and Smith, P.A.

Avoiding the Pitfalls of Job References

A highly valued, long-time employee of yours decides to move out of state and asks you to write a reference letter. A no-brainer, right?

Then another employee, whom you've been trying to fire for the past few months, also asks you for a reference letter. Now what do you do?

Yes, you can be held liable for references - and whether you provide them or not. It's possible you could open yourself up for discrimination or defamation charges if you write a letter for one employee but not another.

Often in seminars, I advise clients not to provide references at all. You're under no obligation to do so, and the negative clearly outweighs the positive.

But a written policy must be established, and you must be consistent in following that policy. Many businesses simply provide dates of employment, which is a good practice.

Some employment attorneys recommend a signed waiver, where you only provide information under certain circumstances.

Consistency and communication are the key. Establish that policy, make sure all your employees understand it - and make sure you consistency follow that policy.

From Elarbee Thompson.

When Its Time To Leave Your Job

I'm often asked by unhappy managers if they should leave their job. It's a somewhat complicated question which boils down to a simple question: "Are you happy?"

Happiness in a job is critical - more critical than the money you earn or the uncertainty of trying to find a new job. We spend at least a third of our lives working; why would you want to spend all that time being unhappy?

Unhappy employees are far less productive and - whether you realize it or not - your unhappiness manifests itself on other employees, even if you don't say anything. People know.

Is the grass greener on 'the other side'? You'll never know until you find out.

People hate losses, say Richard H. Thaler and Cass R. Sunstein, authors of "Nudge: Improving Decisions About Health, Wealth, and Happiness," And "losing something makes you twice as miserable (than) gaining the same thing makes you happy." They call this being "loss averse."

We often are so focused on holding on to something we forget there are better things out there. The old saw, "the best time to look for a job is when you have a job," maybe true; but it's also a device for procrastination.

Don't spend your life 'stuck' in a job. Ask yourself every morning if your truly excited about going to work. If the answer is no, you have your answer.

Life is too short.

From Andrea Kay via Courier Post Online.

Nine Great Questions To Ask Your Boss

Too many employees are reactive to their boss - they simply respond to orders and direction. This leads to a lack of mutual understanding, and tasks that don't get done the way the boss intends.

Being proactive, however, can mutually benefit both you and your manager.

It's always better to clarify with a boss. Clarify, in this instance, means making sure you and the boss are on the same page when it comes to tasks, goals and team-building.

A major mistake most managers make is they simply assume their team knows exactly what his or her expectations are. This 'top-down' approach does not work in today's modern workplace.

By asking questions, an employee and manager become more mutually joined; tasks get accomplished quicker and more accurately; and the overall organization improves. It's about communication - two-way communication.

This list of questions, from Careerbuilder via CNN.com, is an excellent way to begin the process.

Cat's Paws, Discrimination, and Coca-Cola

When charges of discrimination are made in your business, the smartest move you can make is to conduct an immediate investigation.

If an investigation isn't made, there are too many issues that can arise, as in the case of Coca-Cola Bottling of Los Angeles (BCI).

A manager told an HR staff member that an employee was insubordinate. Without getting corroborating evidence (or even conducting an investigation), the HR person gave permission to terminate the employee, who is African American. (The HR person never met the employee or knew he was black).

As it turned out, the employee was accusing the supervisor of harboring racial animus towards black workers. Lawsuits ensued. A federal district court dismissed the lawsuit, but an appeals court reversed the ruling, and the case was headed to the U.S. Supreme Court, when BCI settled with the EEOC for $250,000.

Of course, the legal fees for BCI are likely many times higher than the settlement.

If only the HR department had conducted an investigation (or had an outside consultant do it).

Thanks to HR.BLR.COM.

Another Reason To Have An Employee Handbook

There are many good reasons to have a good, frequently updated employee handbook - and very few reasons not to have one, regardless of the size of your business.

One of the most important reasons is to reiterate that you are an 'at-will' employer - meaning an employee can be terminated at any time, and that an employee can quit at any time.

In Kang v. PB Fasteners, a long-term employee attempted to prove that his longevity at the company implied a contract. The U.S. Court of Appeals for the 9th Circuit rejected that claim, in part because the employer’s handbook stated all employment was “at will” and that employees could be terminated without cause at the employer’s discretion. The handbook also stated that it was not intended to “alter the at-will status of employment with the company.

Make sure the at-will statement is included in:

• Your job application (with a signature from the candidate)
• Your job offer letter
• And in the Employee Handbook

Thanks to Jackson Lewis.

Violence Prevention in the Workplace

It's impossible to eliminate violence in the workplace, but there are techniques and methods to reduce the possibility of it happening.

According to Dr. Jeffrey L. Sternlieb, president of MetaWorks, homicide is the number one cause of death of women in the workplace.

• Educate your workplace.
• Make sure you have a Violence Prevention policy in your handbook.
• Train your supervisors on what to do if an incident occurs.
• And make sure all your employees are alert to potential signs of workplace violence.

Courtesy Readingeagle.com

CA Supreme Court Rejects Liability for Supervisors in Retaliation Cases

Supervisors cannot be held liable for retaliation under the California Fair Employment & Housing Act.

The California Supreme Court in Jones v. The Lodge at Torrey Pines Partnership issued the decision.

Retaliation is becoming much more popular in employee relations cases, since it's much easier to prove retaliation than harassment. Often, a harassment investigation can only reveal a 'he said, she said' scenario. The standard for proving retaliation is much lower, and many plaintiff's attorneys are dropping the harassment allegations and staying only with retaliation.

According to Jackson Lewis:

Although individual supervisors cannot be held liable for retaliation, employers should not jump to the conclusion that this decision will reduce FEHA claims significantly. Retaliation claims against individual supervisors are usually only one of several claims asserted by former employees who sue. Indeed the history of this case aptly illustrates this point: Jones asserted claims for harassment and discrimination, as well as retaliation. While litigation costs may diminish somewhat, employers can best avoid the courthouse by adopting and enforcing anti-harassment and -discrimination policies and by training their supervisors to recognize workplace harassment, discrimination and retaliation.

That means training your supervisors, conducting an effective investigation, and implementing policies that absolutely forbid harassment - and retaliation

Managing Your Boss - 30 Years Later

In 1980, one of the most significant articles on modern leadership was published in the Harvard Business Review - "Managing Your Boss," by John J. Gabarro and John P. Kotter changed conventional wisdom from a didactic ('the boss tells you what to do') into a collaboration between employee and employer.

Nearly 30 years later, those concepts are as important as ever. And 'managing up' is a critical component in my book, "Managing People in the 21st Century".

If you manage people, encourage your employees to manage up. If you have a boss (and it's likely you do), make sure you understand the world he/she operates in - what his or her goals and objectives are.

The key to successful leadership is communication.

A conversation with the authors of that article is posted at forbes.com.

Increased Penalties for Immigration Violations

The ICE crackdown continues, with increased penalties for employers who knowingly employ unauthorized aliens that are now in affect.

• First violation for knowing employment of an unauthorized alien, $375.00 (previously $275.00)
• First violation maximum penalty, $3,200.00 (previously $2,200.00)
• Multiple violations maximum penalty, $16,000.00 (previously $11,000.00)

All of these fines are per person. So if you're employing 10 authorized aliens, it's $375 per person you illegally employed.

Make sure to audit your employee files and I-9 procedures.

How To Talk To Your Boss

(Almost) everyone has a boss. And bosses spend so much of their timing dealing with and listening to complaints, it becomes easy to 'tune out' another employee with yet another complaint.

I made it a rule with my employees - never complain unless that complaint comes with your solution. And make your point quickly - no one (least of all the boss) wants to spend long hours hearing someone make the same point over and over again.

James Lukaszewski, author of "Why Should the Boss Listen to You?" and a crisis-management expert, says workers who want to be listened to also need to:

• Understand where the boss is coming from, and the goals he or she may be trying to achieve. "Bosses hear many voices every day," he says. "You have to say something that will matter to them from their perspective."
• Recommend solutions rather than giving orders. Too often employees seeking to be trusted advisers act as if they were entitled to give their opinion and a boss should be obligated to listen.
• Reduce stress and tension. Be the person who can walk into a room and everyone is comfortable you're there, Lukaszewski says. Humor and stories often help ease tension.
• Deliver recommendations in a digestible, usable form. Be brief, positive and constructive.
• Propose incremental solutions. Don't insist that you have the entire answer to a problem, but your suggestion may be part of a solution for your boss. "They want a menu of things to choose from," he says.

From the Colorado Springs Gazette via South Florida Sun-Sentinel.

March Madness and its Effect on the Workplace

Even the most casual sports fan is aware of the NCAA Men's Basketball Tournament. Next to the Super Bowl, more money is wagered on this event than any other.

As many as 37 million people are expected to participate in the wagering, according to an estimate by Challenger, Gray & Christmas, a job counseling firm in Chicago.

The FBI has estimated about $2.5 billion will be bet on the tournament.

With this popularity comes major issues for the workplace.

First of all, betting is illegal everywhere in the United States except Las Vegas and Atlantic City.

Next, the basketball 'pool' that's prevalent in many businesses likely violates a handbook policy that prohibits solicitation and distribution.

CBS and the NCAA have also announced that all games this year will be available live on-line, so the possibility of workers spending their hours watching basketball and not being productive is also likely. In fact, economic experts are predicting all the office time spent following the games over the next several weeks could add up to more than $1.2 billion in lost productivity. The estimate is nearly 20 percent of the work force, will spend an average of 13.5 minutes a day following the games and updating their brackets.

Do not wait to solve problems before they happen. Although there's interest and fun involved, your business should prohibit office pools. In addition, you should have a written policy should state that internet and e-mail use is for business purposes only. (If not just to reduce lack of productivity, it should also reduce the potential for harassment and discrimination).


Thanks to CNN Money.com, Dallas Morning News, WRAL * Local Techwire

Perenchio's Rules of the Road

Jerry Perenchio is one of the savviest managers I've ever seen. He is a multi-billionaire through a long career ranging from a sports-event promoter (remember the Billy Jean King-Bobby Riggs tennis match in the 1970's) to his brilliant acquisition and sale of Univision.

I particularly respect his low-key public persona. You'll never see him give an interview. He's brutally tough of his managers, but if they perform - their careers are limitless.

Here are his rules of the road, which should be required reading for anyone in management.

1. Stay clear of the press. No interviews, no panels, no speeches, no comments. Stay out of the spotlight — it fades your suit.
2. No nepotism, no hiring of friends.
3. Never rehire anyone.
4. Hire people smarter and better than you. Delegate responsibilities to them. Doing so will make your job easier.
5. You've got to know your territory. Cold!
6. Do your homework. Be prepared.
7. Teamwork.
8. Take options, never give them.
9. Rely on your instincts and common sense. If you go against them you generally regret it.
10. No surprises. We don't give them. We don't want to get them.
11. Never lose sight of what business you're in. Stick to your "last."
12. When you suit up each day it's to play in Yankee Stadium or Dodger Stadium. Think big.
13. If you have a problem, don't delay. Face up to it immediately and solve it.
14. Loose lips sink ships!
15. Supreme self-confidence, never arrogance.
16. A true leader is accessible — no job too big, no job too small.
17. Communication is our business. You can reach any of your associates anytime, anywhere, anyplace.
18. If you make a mistake, admit it. Just don't make too many.
19. Don't be a "customer's person" (man or woman).
20. Always, always take the high road. Be tough but fair and never lose your sense of humor.

The "Boomerang" Employee

Used to be that an employee who left a company was persona non grata in terms of ever being rehired. In fact, one of A. Gerald Perenchio's famous "rules of the road" is to never re-hire a former employee. (It's his only rule I disagree with).

Times have changed, and employers are finding out that a 'boomerang' employee adds value to their business.

An employee who left and returns adds a new perspective; additional skill sets; and often an additional appreciation for their former employer.

Many employees leave because of the 'grass is greener' theory, but often don't find it to be true.

If you're looking for a skilled worker, don't automatically reject a candidate merely because they used to work for your company. Take an objective look at what they bring to the table for you today. If their original departure was amiable and professional, chances are you'll reap benefits from hiring a person who is familiar with your corporate culture and who can re-appreciate the benefits of working for you.

Thanks to South Jersey Courier Post Online.

Obesity Costs Employers $165 Billion

The problem with obesity in America has begun to financially affect the workplace.

A new report from Health Media, Inc. indicates that obesity costs employers $165 Billion in medical care and lost productivity.

Since it is illegal to take any action against an employee or job candidate because of their weight, employers are faced with a dilemma: what to do about it?

Many Employee Assistance Programs (EAPs) have a wellness component, in which affected employees can participate at little or no cost in weight loss and related courses.

Of course, many employers do not participate in EAPs, primarily because of cost reasons.

Yet some studies indicate that offering EAPs may result in various benefits for employers, including lower medical costs, reduced turnover and absenteeism, and higher employee productivity and morale.

And if your business is sharing in the $165 Billion, an investment in an EAP may be the cheapest medicine of all.

You can check out EAPs through the Employee Assistance Professionals Association.

How to Manage Cellphones in the Workplace

It used to be that an employer only had to limit personal use of business phones in the workplace. "Personal phone calls should be kept to a minimum" was an easy handbook policy to write.

The advent of cellphones has exacerbated the problem. Now, the irritating ring of cellphones is considered a major workplace annoyance by co-workers.

In addition, the camera feature on these phones creates a privacy concern, and using cellphones while driving on business has become a huge liability for employers.

Recommendations for employers and employees:

1. Cell phones in the workplace - for personal calls - should be limited to emergency calls only.
2. Cell phones should be turned off during meetings or when with clients.
3. Cell phones should never be used while driving on company business. If it's necessary to make a call, then pull off to a safe area, park, and make the call.
   

From Jim Evans via the Zanesville Times Recorder.

Survey: Tuesday is the Most Productive Day

The temporary staffing firm Accountemps has released a survey showing executives believe that Tuesday is the most productive workday of the week.

The results mirror results of the same survey conducted in 2002, 1998, and 1997.

In some ways, the results make since. Fridays are the most common day for vacation, and Mondays are the second most common (and Mondays are the most frequent day taken for sick days).

It's up to managers and business owners, however, to manage productivity throughout the week. There is no excuse for Tuesdays being more productive than, say, Wednesday or Thursday.

Make sure your employees have a plan for each day of the week. Ensure they focus on the most important thing they need to do, and not just going through a checklist of menial tasks.

Get in their offices or work stations. What employees tell you they do is usually completely opposite of what they actually do.

The 'ivory tower' is the wrong place to lead people - especially if productivity is inconsistent throughout the work week.

What you allow, you encourage.

$1 Million Sexual Harassment Verdict Awarded

A woman has just been awarded $1 million in damages as the result of a sexual harassment lawsuit against an automotive dealer in Maryland.

Unfortunately, sexual harassment in auto dealerships is nothing new.

It seems the male-dominated industry has generally not evolved with the rest of the U.S. workplace in training and preventing sexual harassment. In California and other states, harassment of third parties (customers and vendors) is also prohibited.

A non-harassment policy, training and awareness are critical components to reduce the likelihood of harassment complaints, but ownership must take personal accountability in ensuring all managers and employees are following the rules.

What you allow, you encourage.

Discrimination Charges Highest in Five Years: EEOC

The EEOC is reporting that job bias charges increased 9% in 2007, the highest volume of complaints in five years, and the largest increase since the 1990's.

“Corporate America needs to do a better job of proactively preventing discrimination and addressing complaints promptly and effectively,” said EEOC chairwoman Naomi Earp in releasing the annual tally.

No kidding.

Part of the problem is that more and more workers are becoming knowledgeable about discrimination in the workplace. What is concerning is that 'merit factor' rate is 23% - meaning almost 1 in 4 complaints had enough merit for the EEOC to pursue action.

Preventing discrimination is a key. The first question a business owner should ask of himself/herself is the following:

If an employee came to you today stating they had been harassed or discriminated against, what is the first thing you'd do?

Managing People with Body Art

Body art - aka tattoos - are not generally accepted in conventional workplaces. In fact, 85 percent of employees believe that tattoos and body piercings impede one's chances of finding a job, according to a July 2007 survey by Vault.com, an online career site.

Yet 25% of Americans have at least one tattoo (up from 1% 30 years ago). The strain to find qualified employees will continue if the perception that body art is counterproductive in the workplace.

The answer for employers is to establish policies before this becomes an issue. Set up an appearance policy in your Employee Handbook. Make a decision - does an employee with visible body art impact your business? (If an employee rarely sees clients, for example, it may not be impactful - but if an employee does see clients, you may want to have visible body art covered for them).

I once worked for a company that required body art to be covered - generally, for business reasons this is completely acceptable. Many of the younger salespeople with tattoos on their ankles wore pants or even used a bandage to cover up the art doing working hours.

The point is - the employees at this company knew the policy before they accepted the job. If you don't have a policy in place, and suddenly and employee shows up with several tattoo's, you're reacting and not being proactive. You open yourself up to potential charges of discrimination.

Managing people is largely about preventing issues before they occur - a body art/appearance policy is a perfect example.

Thanks to Des Moines Register.