Employers Don't Have To Accomodate Medical Marijuana Users

California's Supreme Court has ruled that California law does not require employers to accommodate the use of illegal drugs, including medical marijuana.

What does this mean for employers?

It's good news. If you conduct a drug test as a condition of hiring, it means that even if a job candidate states they're using marijuana for medicinal purposes, you may refuse to hire (or even terminate an employee).

Although this law is specific to California, nine other states current allow 'compassionate' use of marijuana. And since California is frequently the precursor of laws in the other 49 states, it makes sense now to have a policy in place that defines what drugs are acceptable in your workplace - whether they be 'legal', 'compassionate', or not.

From Ford Harrison LLP

What Employers Can Give Employees

Study after study shows the breakdown between what employers perceive their employees want (generally pay and benefits) and what employees actually want. What's particularly fascinating is what employees REALLY want are not budget-busters, but better management.

This article in the Christian Science Monitor identifies seven things employees want most. None of them cost a dime - but may need a strong manager to focus on providing:

1. Appreciation
2. Respect
3. Trust
4. Individual Growth
5. A Good Boss
6. Compatible Co-Workers
7. A Sense of Purpose

Time for a honest reality check: are your employees getting this from you?

Fundamentals of Creating A Team

Unless you're a sole proprietor, the only way you can succeed is through successful teamwork. You simply can't throw a bunch of people together - however talented they may be - and expect them to function as a dynamic team.

Maureen Moriarty, a Seattle-based executive coach, has developed these factors which impact team performance:

Trust.

Clarity in purpose, goals/objectives, roles, responsibilities and expectations.

The necessary skills/ resources/protection to meet objectives.

Healthy conflict.

Clear decision-making.

Accountability.

Finding ways to work better together.

Reward and recognize.

It takes hard work to ensure everyone on the team is on the same page. Take a honest look at your team - are you giving them all the skills and resources in order to achieve success?

From Maureen Moriarty via the Seattle Post-Intelligencer.

Managing Your Manager in any Industry

More good lessons on 'managing up'. Although this article is related to the nursing industry, the parallels work for any industry.

As a manager on the rise, you need to train yourself to adapt to your boss. Remember, regardless of how motivated you are, the only way to rise in corporate structure is to excel at the job you currently have.

As a manager, these lessons are valuable in understanding what motivates your employees. A major component in successful management is to ensure your subordinates succeed - by merging their professional and personal goals with yours.

From Sharon Bell Buchbinder, RN, PhD, via Nurse.com.

The New ICE Crackdown on Employers

ICE - the U.S. Department of Immigration & Customs Enforcement - is aggressively pursuing employers who hire illegal workers.

Immigration and Customs Enforcement (ICE) Director Julie Myers announced that ICE will conduct more I-9 form audits in 2008. ICE has the authority to inspect employers’ I-9 forms, and it is planning to use this authority as another mechanism to ensure that employers are complying with immigration laws. The fines associated with I-9 form violations range from $110 to $1,100.

ICE’s more aggressive worksite enforcement strategy targeted the “jobs magnet” that attracts illegal aliens seeking employment in the U.S. In FY07, ICE dramatically increased penalties against employers whose hiring processes violate the law, securing fines and judgments of more than $30 million while making 863 criminal arrests and 4,077 administrative arrests.

In the past, administrative fines often proved to hold little deterrence value for violators. Many employers came to view these fines as simply the “cost of doing business.” Administrative fines were ignored, not paid in a timely matter or mitigated down over several years. ICE has dramatically increased the amounts of criminal fines and forfeiture over previous years of administrative fines alone. Administrative fines in FY 2001 totaled $1,095,734, $72,585 in FY 2002, $37,514 in FY 2003, $45,480 in FY 2004, and $6,500 in FY 2005. However, during the three quarters of FY 2007, ICE has obtained criminal fines, restitutions, and civil judgments in WSE investigations in excess of $30 million.

In criminal cases, ICE is often pursuing charges of harboring illegal aliens, money laundering and/or knowingly hiring illegal aliens. Harboring illegal aliens is a felony with a potential 10-year prison sentence. Money laundering is a felony with a potential 20-year prison sentence. ICE has found these criminal sanctions to be a far greater deterrent to illegal employment schemes than administrative sanctions.

Employers should continue to ensure their compliance with immigration laws by properly completing the I-9 form. In addition, employers may want to conduct a self-audit of their I-9 forms and correct any errors.

Department of Labor Begins To Support Even Illegal Workers

The U.S. Department of Labor is considering the expansion of a program throughout California that helps workers - regardless of immigrant status - ensure they are paid according to DOL and California labor guidelines.

Since 2004, the program (called EMPLEO) has recovered nearly $4.35 million in compensation for workers who have been paid less than the minimum wage; not compensated for overtime; or who have not been treated fairly, according to DOL/California labor guidelines.

Bottom line for employers: You must follow all guidelines for all employees, whether they are here legally or not.

And if you knowingly employ illegal immigrants, the sanctions can be massive.

Via Los Angeles Times.

Are You A Good Boss? Or A Bad Boss?

As the new year begins, there are a number of articles discussing whether a person is a good or bad boss.

My experience in working for managers, being a manager, and working with managers is that the bad ones don't know they're bad!

The National Federation of Independent Business came out with a self-evaluation for bosses a few years ago, and it's time to review their (very good) questions:

1. Have you ever berated an employee in public?

2. Have you ever taken credit for something an employee did?

3. Are your employees afraid of you?

4. Are you a "no excuses allowed" type?

5. Do you expect employees to "know" or to "do" without telling them?

6. Do you yell or shout at employees?

7. Have you ever tried to belittle or humiliate an employee as punishment?

8. Do you "lean on" or make it more difficult for someone who has displeased you?

9. Do you play favorites?

10. Do you constantly check everyone's work for quality?

11. Are you reluctant to let employees make decisions?

12. Do you expect employees to do what you ask without question?

Answer the questions honestly - and if you said 'yes' to any one - it's time for you to re-evaluate your management style.

Discrimination and the Costs To Employers

Even a careless remark by a supervisor or employee can create huge discrimination lawsuits.

In one case, a woman was awarded back pay, compensatory damages and $1 million in punitive damages (later reduced to $200,000) because she was denied maternity leave because her supervisor said she had to be terminated because there was no way that the manager could have a pregnant woman in the office as there was a "business to run." Those comments apparently held great sway with the court. Arismendez v. Nightingale Home Healthcare Inc.

In another case, an employee was awarded nearly $2 million in damages for age discrimintation. The jury relied on remarks made by the President of the business, who said he wanted "race horses" not "plow horses" and told the plaintiff that he was out of the old school of selling. Moreover, the President announced at a sales meeting that he was concerned about the significant graying of the sales force." Palasota v. Haggar Clothing Co.

Anything you say or put in an e-mail can be held against you - and worse, anything your managers say or put in writing can be held against you as well.

And let's face it - the comments in both these cases are founded in sheer stupidity.

The solution is management training. It's estimated that 75% of all managers and supervisors - especially in smaller businesses, have no formal training in management - the 'do's and don'ts'.

Don't let an untrained supervisor endanger your business.

Thanks to Phelps Dunbar LLP for this article.

Keep Politics Out of the Workplace

It's the season, when thoughts and minds turn to politics.

A political discussion is a wonderful thing - with friends. But it has no place in the office.

For many, politics is intensely personal, and therefore a combustible topic potentially. Others simply don't want to discuss their political views, but may feel pressured to do so in an office situation.

In every instance, a discussion in the workplace that isn't about business takes away from productivity and focus.

Managers should take care to ensure that politics stay out of the office.

Marshall Loeb of MarketWatch has some great pointers from the employee's point of view.

Employees Quit Because of a Bad Boss

Once again, another survey finds the number one reason employees leave a company is because of a bad boss.

The HotJobs Survey found that employees:

• Want to quit because of a bad boss (43%)
• Want more money (36%)
• More growth potential (34%)

Employers and managers get so engulfed in their day-to-day business they forget what got them there: their employees!

Do not wait to do a performance appraisal every year. Check in with your employees frequently - don't just say you have an 'open door policy' - follow through with it.

If you're working for a 'bad boss', then manage up - what can you do to make the situation better.

It's all about effective and frequent communication.

Pregnancy Discrimination Claims Increasing

One of the most delicate matters an employer must face is when a female employee becomes pregnant. Last year, the EEOC saw a nearly 20% increase in pregnancy discrimination claims since 2001.

There is an increased awareness of discrimination based on race, religion, gender and even sexual orientation in the workplace - but a decided lack of knowledge when it comes to pregnancy.

Bottom line: You cannot demote, terminate or change a job based solely on the fact that an employee is pregnant. Even treating someone 'differently' is cause for action. And 'constructive discharge' (where an employee feels so oppressed she feels forced to quit) can be even worse.

Before making any employment decisions on an employee who's pregnant - get in touch with your human resources consultant or labor lawyer and think it through with the professionals.

(And remember, you cannot discriminate against a job applicant who's pregnant, either.

From Marketwatch via the Modesto Bee.

Things A Boss Should Never Discuss

They're the same things that are difficult to discuss in a social situation: Sex, Religion, Politics.

It seems inconceivable that any manager with an IQ over room temperature would know enough never to discuss these issues in the workplace...but they do.

According to vault.com, 35% of employees say their bosses make their political beliefs known in the workplace. And 9% of employees say they feel 'pressure' to conform to their boss' political point of view. (9% doesn't sound like a lot, but that's the equivalent to about 18 million people!)

DO NOT discuss politics in the workplace. Managers are lured by the power they have into thinking their employees are fascinated by their beliefs. They're not - they're just playacting.
(And that goes for religion and sex, too).

From www.vault.com via centredaily.com

What Employers Must Do In 2008

Our annual Special Report: The 14 Things Employers Must Do In 2008 - is now available for free on our website.

Every year, new laws and best practices change. Here are the 14 things California employers need to do as the new year begins:

• Military Spouse Leave
• Minimum Wage Changes
• Computer Professional Hourly Rate Lowered
• Workers’ Compensation Temporary Disability Benefits
• Notice of Earned Income Credit Rights
• Cell Phone Usage While Driving
• Changes to Itemized Pay Statements
• New I-9 Form
• New EEO-1 Form
• New Posters/Pamphlets
• Separate Arbitration Agreements Necessary
• Workers’ Compensation
• Health Care and Whistleblower Protection
• Employees Must be able to Cash Paychecks Without Cost

Re-Connecting With Your Employees

When I received my first promotion in 1990, my fellow workers repeated the same phrase to me that we'd done with all the other 'suits': Don't forget where you came from.

I found out that it's virtually impossible to remember. Management has layers of responsibility and the need for a more 'global' perspective that by nature you forget where the day-to-day success of the business is predicated - on those very worker bees, of which you were one, once upon a time.

A really good way to re-connect with your employees is outlined here, in an article by Walker Lundy in the Charlotte Observer. Spend one day a month with the troops. The benefits are multitude:

• You re-connect with the people who are most responsible for your success;
• Your perspective changes when you work alongside the line;
• Your employees get to know you as a colleague and not just a supervisor.

I would be very concerned about any manager working for me who did not want to do this. What are they afraid of? What weaknesses do they have that they're reluctant to show their line employees?

I found that most employees are incredibly encouraging when the boss shows up to work with them. Employees want their boss to see their expertise, hear their concerns (and more importantly see the issues face on).

Spend a day with your employees. Re-connect, re-energize and remember where you came from.

Credit Checks on Job Candidates.

Currently, it is legal to conduct a credit check on a job candidate, except in Wisconsin.

The usual pre-employment testing criteria applies: the candidate must give their written approval, and the check should be conducted after a job offer is extended.

Although attorneys and the courts will ultimately decide the legality of such a check, employers should carefully evaluate whether or not to conduct such a check. My rule of thumb as a best practice is to always make sure all pre-job testing as a valid business reason. (A secretary does not need to lift 100-lb. boxes, for example).

Here are some guidelines to consider before implementing a credit check:

1. Is there a business need? If an employee will be handling cash, or managing financial transactions, the answer would be yes. But if the open position is working in a warehouse, or as a telephone operator, my suggestion would be 'no'.
2. If you elect to conduct credit checks, you must be consistent: you can't just single out one candidate for a credit check; all candidates applying for the selected positions must be checked.
3. Follow the guidelines establish by the Fair Credit Reporting Act (FCRA).
4. Notify the candidate when an adverse action is taken (such as not hiring) on the basis of such reports.
5. You must also identify the company that provided the report, so that the accuracy and completeness of the report may be verified or contested by the candidate.

(Courtesy Tampa Bay Online, via McClatchy Newspapers.)

What Are The Biggest Workplace Complaints?

Randstad USA surveyed workers to find out what bothers them the most in their workplaces.

The answers?

1. Gossip
2. Poor time-management skills
3. Messiness
4. Potent scents
5. Loud noises (such as speakerphones and cellphones ringing)
6. Overuse of PDA's
7. Misuse of e-mails (hitting "reply to all" instead of reply)

The good news is - all of these pet peeves can easily be managed away.

The solutions?

1. Gossip - when you hear it, put an end to it.
   
2. Poor time-management skills - this is usually a training issue. Consider sending the employee to a time management course or working with them yourself.
   
3. Messiness - put in a policy in your handbook about cleaning workspaces every evening, and make sure to inspect what you expect.
   
4. Potent scents - a tricky issue, one that must be dealt with in a private, one-on-one setting showing extreme sensitivity.
   
5. Loud noises (such as speakerphones and cellphones ringing) - policy in the handbook should be: speaker phones only in private areas with the door closed. Cellphones are discouraged and should be used only during breaks (if they're in their workplace, they should have their own land line).
   
6. Overuse of PDA's - policy should be same as for cellphones.
   
7. Misuse of e-mails (hitting "reply to all" instead of reply) - when you see it happen, privately talk to the individual and ensure that 'reply' is preferable to 'reply to all'.

From San Francisco Chronicle via Redding.com

How To Host a Company Party

Fisher & Phillips is out with their annual "Top Ten Ways To Host a Holiday Party", written by Michael Mitchell. It's excellent and practical advice for employers.

My recommendation is to never serve alcohol at a company party. There's simply too many negatives that can happen - and they override the positives. From companies I've worked for to companies I consult with, I've personally seen the following:

• A 25-year employee left a party, ran into a telephone pole, was convicted of DUI, and subsequently terminated.
• Another long-time employee left the party (which took place at the business), and as he was driving out of the parking lot, side-swiped two cars belonging to co-workers. A lawsuit was initiated, and the employee left the company.
• Two sexual harassment lawsuits were filed (before I started consulting for the business) stemming from too much booze at the party. (Remember, sexual harassment does not need to be on company premises - if they're employees in a work situation - like a company party - that's enough).

Managers can be held personally liable for incidents stemming from the party and need to take every possible precaution if alcohol is served. There's simply no good reason to serve booze at a company party (I disagree with Mr. Mitchell in one area - I believe that at least 75% of all businesses - at least those I work with - no longer serve alcohol).

One final piece of advice if you consume alcohol at a company party: I've never seen a career made as the result of behavior at the party, but I've seen plenty of careers ended.

Cellphones in the Workplace

Using cellphones is a necessity of life in the business world. But employers need to strongly discourage employees from using cellphones while driving - because employers can be liable for road accidents caused by worker cell phone use.

Smith Barney paid a $500,000 settlement to the family of a motorcyclist killed by one of its employees making a work-related call after hours on his own personal cell phone.

What's the solution?

As usual, prevention is the major part of the cure. Your handbook should have a policy stating that using cell phones will driving is against company policy. If an employee must make a call, he/she should pull off at a safe spot to make that call.

You can't stop an employee from calling while driving, but if they violate a company policy, at least you can show that you tried to prevent the behavior from occurring, and this may help you if a legal action takes place.

And, a written policy provides a basis for disciplining or terminating that employee. Otherwise, the employee can always state they didn't know such a policy existed.

Even though more states are adapting 'hands-free' driving policies, it's still a wise course of action to get that policy in writing.

The End of the Company Christmas Party?

Whatever you decide to call it, the company holiday party has become nearly obsolete. Fewer and fewer businesses are having parties, whether it's concern about the liability of alcohol, things getting out of hand, or just a need focus on business rather than play.

Now comes news that this trend might be ending. It turns out that employers who are baby boomers (age 42 and up) are less likely to throw company parties, while younger employers are more likely to have them (and more likely to issue end-of-the-year bonuses as well). The American Express Small Business Monitor issued the survey, which sampled only businesses with less than 100 employees.

Perhaps the down economy is aiding this trend as well: 59% of employers are planning on giving gifts to employees - that's down from 70% last year.

In any case, it's critical to strategically determine whether or not to have a party, issue bonuses, or give gifts. Employees should not have an automatic expectation of such things, but this is the time of the year to show your appreciation and acknowledgment for the contributions they made on behalf of your business.

Motivating Generation Y (or anyone else, for that matter)

Only 30 percent of workers aged 21-30 (what we call Gen Y) would strongly recommend their organization as a good place to work.

How come?

Only 39 percent of the Gen Y workers said their boss did a good job of recognizing and praising their accomplishments. And that's what Gen Y workers want, according to a new study by Leadership IQ.

How little time and effort it takes to positively reinforce an employee. And the ensuing rewards - lower job turnover, more highly motivated employees, better production - are totally worthwhile.

It's fine to have high expectations of your employees, but it's not fine to have employees meet or exceed those expectations without a positive word.

I once worked for a C-level executive for several years (he's now the President of a company with 9,000 employees). I worked hard for him - late evenings and many weekends.

He'd walk out of the office at 7 or 8pm on a Friday or Saturday night, walk over to where I was working and say, "Eric - you can take the rest of the weekend off."

It was a small thing - he wasn't given to extravagant praise. But in that one small sentence, he acknowledged how hard I was working and that he appreciated it.

A small thing - but 15 years later, I still remember it fondly.

Know what motivates your workers. You cannot motivate others - but you can find out what is their individual motivation and use that for the betterment of everyone.