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.

Violence in the Workplace Statistics

I recently gave a Preventing Violence in the Workplace presentation to a group of business owners (you can get the white paper here).

There's good news and bad news about workplace violence.

The good news:

1. Workplace violence is less prevalent than most people think. About 800 people die each year from workplace violence. (Homicide - the workplace issue that gets the most media attention - is only the fourth leading cause of deaths in the workplace).
2. There are a number of inexpensive techniques that can mitigate workplace violence, such as implementing an Illness and Injury Prevention Plan, conducting simple training programs, and implementing background checks on job applicants.

The bad news:

1. Incidents of workplace violence are likely on the increase.
2. While most conceptions of incidents involve 'the post office' or large organizations, it's affecting small businesses more and more, since small businesses generally don't have the infrastructure to support training programs and knowledge about how to prevent workplace violence.

Thanks to Centre Daily Times.

I-9 Audits and Fines On The Rise

The United States ICE (Immigrations and Customs Enforcement Department) is no longer kidding around.

Last month, ICE Assistant Secretary Julie Myers stated that in 2008 there will be "a lot more I-9 inspections of employers."

Now the Bush administration has announced substantially larger penalties for knowingly hiring illegal immigrants.

"This is a way to keep that pressure up, to make sure people are complying with the law," said Homeland Security Secretary Michael Chertoff (pictured).

Under the plan, effective March 27, the minimum penalty for willingly hiring an unauthorized worker would go from $275 to $375. The maximum penalty will jump from $2,200 to $3,200, and the maximum for multiple violations will increase from $11,000 to $16,000.

Penalties for inadequate record-keeping range from $100 to $1,000 per violation - even if you unknowingly hired an illegal immigrant.

Make sure to audit your operations process. Employers are being arrested as well as fined.

It no longer makes sense to skirt the law.

Thanks to:

Dallas Morning News
Baker Donelson

Age Discrimination in the Workplace

Age Discrimination will surely become a hot topic in the upcoming months, as the U.S. Supreme Court has agreed to review five cases involving this issue.

The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA's protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment -- including, but not limited to, hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.

It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADEA.

The ADEA applies to employers with 20 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.

In California, virtually every employer (regardless of size) must comply under similar regulations for the Fair Employment & Housing Act.

When the Supreme Court hears cases, more and more workers become aware of this issue, which will lead to additional claims by 'older' workers.

In Fiscal Year 2006, EEOC received 16,548 charges of age discrimination. EEOC resolved 14,146 age discrimination charges in FY 2006 and recovered $51.5 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation).

Michael Phelan, a personal injury attorney in Virginia, notes also that "in the current recessionary climate, there is an uptick of companies being accused of using illegal age factors in trying to reduce costs".

What to Do:

1. Review your policies immediately.
   
2. Make sure that no possible discrimination is taking place in your hiring and employment practices.
   
3. Get a human resources consultant or labor attorney to audit these procedures.
4. If you are considering a layoff or reduction-in-force program, make sure you and your counsel are familiar with the Older Workers Benefit Protection Act.
   

Via Forbes and InjuryBoard.com.

FMLA Proposed And Approved Changes

The Family Medical Leave Act (FMLA) - has long been a difficult thing for employers to manage, largely because of the vagueness throughout the act.

News reports have been blaring about 'proposed changes', but they really are only proposals.

The one firm change that has been enacted is the Military Leave provision, which went into effect on January 28. It says, in part:

Employers to provide up to 26 weeks of FMLA leave to eligible employees to care for recovering injured or ill service members.

The proposed changes - which have not been enacted yet, are:

• 12 weeks of leave because of any qualifying "exigency" arising out of the fact that a covered family member is or has been called to be on active duty.
• Employees would need to notify their employer that they need FMLA leave no later than the next day following a qualified need for the leave.
  
• Employers will now have to provide notice of FMLA rights annually, but will have longer to provide designation of leave - 5 days instead of the current 2 days.
• A proposed change would allow employers to contact a worker's health provider about the need for leave. The proposed changes would remove that restriction. Some employers have looked for this change so doctors have fuller information about the worker's responsibilities and working conditions before making judgments on a worker's need for time off.
• Another change would require workers to make two medical visits in a 30-day period to qualify as needing continuing treatment.

Employers have until April 11 to file comments with the Department of Labor.

Smoking In The Workplace - Even Off Hours?

A Massachusetts employer decided to ban employees from smoking. Even when they aren't at work. And finally terminated an employee whose urine tested positive for nicotine.

Needless to say, the employee sued under a novel concept: that the termination may constitute an interference with that employee’s right to participate in the company’s benefits plan in violation of the Employee Retirement Income Security Act (ERISA).

Trying to save a few dollars in health insurance by banning employees' smoking all the time may seem like a good idea, but I suspect the money they saved will be nullified by the court battle that's ensuing.

Generally speaking:

• You can ban employees from smoking in the workplace (most states prohibit smoking indoors).
• You can limit employees' rest breaks - i.e. a smoke break - to the minimum allowed by state law (normally 10 minutes for every four hours worked)

But overly prohibiting off-premises conduct is not a good idea.

From Thomas J. McCord, Gary J. Oberstein, Renee M. Jackson of Nixon Peabody.

Racial Harassment On The Rise

The EEOC is reporting that cases of racial harassment increased 24% in 2007. Nearly 7,000 complaints were filed last year.

Of particular concern in the workplace is the outbreak of 'noose' displays.

It's nearly impossible to conceive that in this day and age, race harassment is still prevalent - to say nothing of the increase.

To reduce your liability of workplace harassment, remember these steps.

1) Get a handbook (or update your non-harassment policy);
2) Train your managers and supervisors;
3) Make sure no offensive displays are anywhere in your workplace;
4) Develop a policy that indicates e-mail and internet use are for business use only.

From USA Today.

Dealing With Problem Employees

The Employment Law Alliance conducted a study showing that 44% of all employees have violated workplace rules or regulations.

No surprise there, except that the number is so low.

The study further identifies some of the common attributes of a poor employee, as written in the New Hampshire Business Review:

• Late arrivals and early departures on a regular basis (that are not part of an accommodation)
• Unexcused excessive absenteeism
• Disrespectful, abusive, vulgar or rude language towards co-workers, managers and/or customers
• Poor attitude toward the company and/or co-workers
• Constant complaints, gossip or other disruptive behaviors that bring down employee morale
• Poor or unprofessional job performance and/or quality of work

The lesson for employers is DON'T WAIT! If you see these behaviors in an employee, do not delay. Immediately sit down with that person and correct the behavior immediately. You cannot afford to wait. A negative employee is a cancer on the workplace, spreading that disease throughout your organization. If you allow poor behavior from one employee, others will believe they can get away with that behavior as well.

Some of Swenson's Management Principles apply here:

What you allow, you encourage.
Inspect what you expect.

Sharing Information With Your Employees

Believe it or not, some bosses are loathe to share corporate information with their rank-and-file employees.

There are so many good reasons to share as much information as you can:

1. Corporate Goals: If employees don't know what the goals are, how can you expect them to help you get there?
2. Organization Chart: Knowing who reports to whom is critical in order to streamline the work process.
3. Your Individual Goals: If employees know what drives you, they can more easily help you get there.

When I was in sales management, I even shared my bonus and compensation plans with my staff. By understanding how I got paid, they understood why I was doing what I was doing.

Withholding information creates mistrust; it confuses employees; and it does not help your ultimate objective, which should be to get your entire team to be on the same page, thus celebrating goal achievement.

From AZ Central via Microchip Technology Inc. Chief Executive Officer Steve Sanghi.