Podcast: What Is Next Generation Talent Management?

It only took several years, but we're finally podcasting!

Here's the first episode -

The Death of Human Resources opens the door to Next Generation Talent Management. Instead of the "Compliance Police," great companies are unlocking the huge potential of their human capital.

Here's the link - and please let me know what you think!

http://ericswenson.podomatic.com/entry/2012-08-19T13_21_28-07_00

On Business, Leadership & The Stanley Cup

To know me is to know I'm a hockey fan. I went to my first game at the age of 8, in 1970.   I've been a fan of Los Angeles Kings, a team that had an unsurpassed history of futility since their  founding in 1967.  To be a Kings fan is to live with a lifetime of frustration, a lot of hope, and not much else.

This spring, however, something unusual happened.  The Kings not only made it to the playoffs, they won the Holy Grail of hockey: The Stanley Cup.  A team that was nowhere in December made an epic move through the last third of the season, culminating in an unprecedented run through the playoffs to win hockey’s Championship.

To know me is to also know I’m a fan of great leadership and management; it’s my career.  Since June 11 (the night the Kings won the Cup at Staples Center), I've been thinking about what the Kings did to transform their entire organization from a history of "almosts" and ‘could haves’ into a Stanley Cup champion.  And I realized that what the Kings did can apply to any manager, CEO, or business. 

So, in no particular order, here are the reasons the Kings won the Stanley Cup and how you can apply those lessons to your own business.

#1: Switch in coaches

On December 12, 2011, the Kings fired their coach about one-third into the season.

Sometimes a coach or manager can only take a team to a certain level. And then, you need someone else to take the team to next level. Prior to the season, the Kings were favored to be a contender for the Stanley Cup.  But three months into the year, they were mired in 12th place in the Western Conference and last in the entire league in goals scored.  After losing four games in a row, General Manager Dean Lombardi fired Terry Murray.

During his four year tenure, Murray did a marvelous job teaching fundamental defense to the players. And his calm, professorial demeanor stabilized a young team during their developing years.  By all accounts, Murray was and is a fine person and a good hockey mind.  But by December, it was clear the Kings were struck on offense and lacked passion. Murray had taken the team as far as he was capable of.

Darryl Sutter, Murray’s replacement, came in and immediately changed the dynamic of the team. By demanding more accountability from his players (star defenseman Drew Doughty was the subject of a Sutter-esque rant when the former was caught watching television between periods of a game), Sutter set a tone: no exceptions, no excuses.  Sutter also installed a more aggressive style, including a consistent and frequent forecheck and more strategic attitude. The Kings took a several days to adjust to the change, and then started winning.  A team that was just one game over .500 when Murray was fired went 25-13-11 under Sutter, and then 16-4 in the playoffs.

What’s the lesson?

The first lesson is - Just because a manager was good at one time doesn’t mean they’re the right person today.   Time and circumstances change – we’ve seen fundamental and structural change in business in the past four years.  It’s likely your business is substantially different today than it was 4 years ago.  Have your managers adapted as well?  Adapting to change is critical for management and leadership success.

A second lesson is in management style.  Some managers are capable of starting and developing a team from scratch, and others are better suited for taking an existing team to the next level.

The most success I ever had as a manager came when I took over an existing team of sales people in 1996. The team was good but not great. I was able to take the team to the next level, and they became the top sales team in the company. It’s a lesson I’ve seen through my career.

When was the last time you identified your current needs and criteria for your company that’s aligned with a serious business strategy?  And then when did you ensure those needs were in sync with the capabilities of  your management team?

By the way, one of the best stories I’ve heard was seriously underreported by the press.  After the Kings won the cup, team owner Philip Anschutz personally called Terry Murray to inform him he was going to receive a Stanley Cup ring.  A class move that shows the Kings understood and appreciated the value Murray brought to the team.

#2:  The Trade for Jeff Carter

By February 23, the Kings were playing better but still not scoring goals.  General Manager Lombardi then traded one of his young star defensemen, Jack Johnson, to Columbus for winger Jeff Carter.

This was a gamble.  Carter had been essentially run out of Philadelphia due to differences with management.  And he was desperately unhappy in the hockey outpost that’s known as Columbus.  But he’d also scored 30 or more goals in his previous four seasons, including 46 in 2008-09.  His best friend, Mike Richards, had been traded to the Kings at the beginning of the season.  It was a gamble, but there was reason for hope.

Carter didn’t add much scoring during the regular season – just 6 goals and 3 assists in 16 games.  But he changed the dynamic of the team by allowing players to move into a more natural position.  For example, rookie Dwight King, who had been playing on the second line, moved down to the third line to accommodate Carter.  Other players moved into a position that was a better fit for their skills.

By the time the playoffs came, the Kings were ready.  Carter scored 8 goals and 5 assists in the 20 playoff games, including the overtime winner in game #2 of the finals.  King scored five goals in the playoffs and was a decisive physical presence on the third line.

What’s the lesson?

Do you have the right people in the right positions? 

Aligning talent with need is one of the most fundamental yet underused techniques that human resource professionals’ or executives have at their disposal.

In businesses I work with, we first take a look at the overall business strategy, and then I have each manager rank employees based on employee skill set as it pertains to the needs of the job.  Smaller businesses today need nimble, agile employees who are capable of multi-tasking and enjoy performing diverse tasks.  Larger companies need employees who are skilled at individual positions. 

But every company must constantly re-assess their business strategy and needs with the employees who are doing those jobs.  And then, executives can’t be afraid to make the moves necessary to strengthen the team and better align skills and needs.

#3:  The Kings Went Without Significant Injury Throughout the Playoffs

You might think these sounds like a reason that could only apply to a sports team and not a business. 

You’d be wrong.

Larry Robinson is a winner.  A hall-of-famer player and former NHL head coach, Robinson was named the 24th greatest player in NHL history by The Hockey News.  He won the Stanley Cup six times as a defenseman with the Montreal Canadiens; as a Coach, he won the Stanley Cup as both as Assistant Coach and then Head Coach of the New Jersey Devils.

When he was the Head Coach for the Kings in the late 1990’s, I asked him what the most critical component necessary to win the Stanley Cup.  His surprising response was, “keeping the team healthy for the entire season and playoffs”.

During the 2012 playoff run, the Kings only suffered one injury, when fourth-line winger Kyle Clifford suffered a concussion in the opening series against Vancouver.  Other than that, no player missed any significant playing time due to injury.  In fact, the Kings played the same six defensemen in every game of the playoffs – a feat that hadn’t been done for 30 years.

What’s the lesson?

I’d never thought of the importance of a healthy team to business success until Robinson mentioned it.  But think about it – if you’re constantly replacing employees, you’ll never achieve the momentum and consistency needed for sustainable success in business.  Turnover – especially involuntary turnover – is a killer for any business.  Many businesses have the mentality that “we can always get better employees if someone doesn’t work out”.  That may be true – and there are always people who are willing and in some cases, able, to step up.  But the never ending process of recruiting, interviewing, hiring, and onboarding takes executive focus away from the success of the business; not to mention the significant costs involved.

There is a real need for business today to focus on engagement. That means understanding why you’re hiring, who you’re hiring, and then developing and nourishing a culture where talented individuals can thrive and contribute – and stay long enough to make the impact necessary for everyone’s success.  Don’t get your employees injured – get good people and keep them healthy!

#4: Your Best Players Have To Be Your Best Players

Every sportscaster beat this line to death during the playoffs.  But it happens to be true.  In business, think of it as the old 80/20 rule: 80% of your success is attributable to 20% of your talent.

The Kings’ biggest goals were scored by their best players – Anze Kopitar and Dustin Brown.  That’s not to denigrate huge contributions by others.  And every Kings player points to one reason the Kings won the Stanley Cup – goaltender Jonathan Quick.  Quick, who carried the team on his 26-year-old shoulders during the regular season, was ridiculously good during the playoffs, with 1.41 goals against average and a .946 save percentage.  Quick was named the Conn Smythe winner for the most outstanding player in the playoffs.

So the Kings best players were their best players.

What’s The Lesson?

What about your players?  Who are your best players, and who are your high potential players for the future?  Do each of your managers know who they are, and what – strategically – are you doing to develop them for the future?

The challenge in today’s business environment is that your best employees can always find a job elsewhere.  The last thing you want is to have them (or your high potentials) get up and leave.  These are your leaders.  Good companies develop special programs to train, develop, and ensure their success.  They frequently conduct ‘stay interviews’ to see what makes those employees engaged and satisfied.  You rely on your best players.  Don’t just hope they stay – make sure they stay.

#5: Adversity Breeds Success

One of my favorite maxims in business is that adversity breeds success.  If your managers and executives know it, they can use it to their advantage.

The Kings certainly have known adversity throughout their history.  One of many people who have had to deal with that over the years is Luc Robitaille.  Now the President of Business Operations for the Kings, Robitaille was a star player for the organization from 1986 to 1994, then from 1997-2001, and finally from 2003 until his retirement in 2006.

Robitaille had his share of adversity. In addition to playing – and never winning – during his Kings career, he was never supposed to be an NHL player.  Due to a (perceived) lack of skating ability, he was selected all the way down in the 9th round of the 1984 entry level draft – the 171st player taken.  Robitaille proved everyone wrong – he was the 1986 Calder Trophy winner as rookie-of-the-year.  No player at at his position (left wing) - in the history of the sport - has scored more goals than Luc.  He was selected to the Hockey Hall of Fame in 2009.

I had a brief chat with Luc during Game #3 of the finals.  He was slightly preoccupied but told me that the years of losing would make the Stanley Cup even sweeter, more desirable and intense for Kings’ fans.  (During one of his stints away from the Kings, he won the Stanley Cup with the Detroit Red Wings.)  His point was that Los Angeles fans could truly appreciate winning the cup after 45 years of adversity.  He was right.  And the players fed off the hunger of the fans.  Veteran sports journalists repeatedly said they had never heard a Los Angeles sports venue louder than during the playoff run. 

Barry Melrose, the former Kings’ coach and now ESPN commentator, made a number of insightful points about the Kings during the playoffs.  At one point he was asked if it would help by having three players in their lineup who had previously won the Stanley Cup.  Melrose was emphatic.  “No,” he said.  “It’s more important that the Kings have five players who made it to the finals and lost.  They know what it’s like, having been so close and not winning.  Those will be the leaders.”

What’s The Lesson?

Adversity doesn’t breed contempt; if managed properly, it can breed more success than you thought possible.  Great leaders don’t avoid or fear trouble; they embrace it.  In sports, championship teams often become more closely bound during a losing streak (such as the Kings).  Many great coaches know this and use it to their advantage.

The path to greatness almost always must go through some adversity.  Once a team – whether it be your team or the Los Angeles Kings – hits a snag in the road, it’s up to the leader to direct them out and towards success.  Dean Lombardi and Daryl Sutter did just that, along with players who had character and attitude and the core values instilled in them by Terry Murray.

I was at Staples Center during the decisive Game 6 of the finals.  There was nothing close about the game; the Kings were ahead 3-0 after the first period and cruised to a 6-1 win.  During the third period, I kept looking around in disbelief.  I first got my season seats in 1987.  After 25 years of season seats and spending 40 of my 50 years expecting the Kings to lose, it was a surreal scene.  One fan said he kept trying to see where Rod Serling was.  A team with a history of losing and with no expectation of success had won the Stanley Cup.

The leadership decisions the Kings made changed their culture and won a championship.    Culture doesn’t just happen; it must be intentional.  These are the decisions that transformed the Kings - and that also can transform your business.

Brinker Announced - Major Employer Victory

After 3 years of waiting, the California Supreme Court has today handed employers a victory.  In the anticpated Brinker Restaurant Corp v. Superior Court decision, the court said that employers don't have to ensure workers take scheduled breaks - they just need to provide the time to do so.

This means employers are no longer/not liable if an employee decides to work instead of resting during their breaks.

More from:
Los Angeles Times
Fox News 
San Jose Mercury News
Hospitality Labor & Employment Blog






And we'll be adding comments and postings throughout the next few days...

UPDATE #1

For clients of RSJ/Swenson: we are currently reviewing employee handbooks to ensure the appropriate language reflects these changes.  Please call or e-mail us if you'd like us to modify your handbook.

Brinker Announcement Tomorrow 10am PST

After 3 years, the highly anticipated Brinker decision will be announced tomorrow.

http://calchamber.typepad.com/hrwatchdog/2012/04/brinker-is-coming-brinker-is-coming.html

5 Ways to Retain Your Great Employees

5 Ways to Retain Your Great Employees

I wrote this article for Western Independent Bankers.  I truly believe that retention of great employees is the key to business success in the next two years.

Hope you enjoy it!

The Importance of Your First Job

The first job a person gets is, in many ways, the most important job you'll ever have.  If - that is - you look upon it as what is should properly be - a learning experience.

Never, ever look down on any work you do thinking it is beneath you or will have no value you to you in life.  Every task and opportunity can be a learning experience if you make sure to look at it that way.

Take a look at me, for example.  During my last year in college (and for a couple of years after), I worked at a restaurant.  I started out busing tables, then waiting on tables and bartending and eventually participating in buying wine for the restaurant.  This was a moderately upscale seafood restaurant.  Twenty five years later, I can tell you it was the greatest learning experience I’ve ever had, with better “real life” training for my career than any college course or seminar I took.

One day, I’ll write an article that will be called, “Everything I Know About Sales I Learned From Waiting Tables.”  Think that’s not true?  I learned about multi-tasking, and customer service, and that different people need to be treated different, with varying levels of urgency.  I learned how to upsell, and look for signs that a patron was looking for something better than the house white wine.  That meant learning about my products and understanding what they mean to people.  The restaurant offered an incentive for additional wine sales, and that was my first experience with commissions.

Working with different types of people in different positions, and treating them the way they prefer to be treated.  Not just clients, but the restaurant management and ownership; chefs and busboys and cocktail waitresses and hostesses.  One of the first great leaders I saw was the owner of the restaurant, who saw something in me and encouraged my development.

It’s only a crappy job if you view it as a crappy job.  Everything is an opportunity to learn.  And in life, learning ultimately is everything.

Forbes List Fail

Recently, Forbes unveiled its newest list – "America's Best Small Companies 2010",which led me to wonder: What criteria did the magazine use to determine the “best small companies”? 

Instead of taking a thoughtful, comprehensive approach to this process, Forbes chickened out, took the lazy way out, and insulted all small business owners and those of us who work with them.  And, in the process, Forbes embarassed themselves.  Their list should have been called “America’s Best Publicly Traded Small Companies Based on the Best Earnings Growth and ROE in 2010,” because that’s what the list really is.  What it decidedly is not is a list of Americas Best Small Companies.

Someday, Forbes will realize there’s more to a successful – or “best” – company than a stock price.  But that’s probably too much to hope for.

First, Forbes excluded millions of small businesses by requiring that candidates: “…for our list had to be publicly traded for at least a year, pull in annual revenue between $5 million and $1 billion, and boast a stock price no lower than $5 a share.”  That eliminates a lot of companies – there are about 27.5 million businesses in the United States, but only about 6,500 are publicly traded.  There are also thousands of successful small businesses that earn less than $5 million in revenue, but are profitable nonetheless.  (In any event, the $5 million threshold was an illusion; the company on the list with the lowest revenue was Nevada Energy, with $29 million in sales).

But, we’ll cut Forbes a break here.  They probably didn’t want to research millions of companies, and it’s a lot easier to measure publicly traded companies, since their financial reports are naturally made available to the public.

But that’s where the breaks stop.  For Forbes imperically decided the only attributes that comprise a “Best Small Business” are:

• earnings growth;
• sales growth;
• return on equity in the past 12 months and over five years; and
• stock performance compared with that of its peers.

Say what?

Long-term, sustainable success in business – especially small business – is based not only on financial terms, but the quality of a company when it comes to such crucial areas such as:

• employee satisfaction and productivity;
• customer satisfaction and loyalty;
• how well a company benefits its community and strategic partners as well as its vendors. 

Satisfied employees are always more productive; becoming an employer of choice takes a combination of corporate values, compensation, challenging work, a good environment and the opportunity for personal and professional growth.  Businesses measure this all the time through Employee Satisfaction Surveys, or 3600 Surveys.

Customer satisfaction and loyalty – also easy to measure and benchmark - were not included as criteria by Forbes.  Why?  Because this list was clearly intended not to be the “Best Small Companies in America” – but actually a tip sheet for short-term investors and traders. 

I’m not suggesting that financial measurments be eliminated when determining a best small company – it should just not be the only measurement.

Values play a significant role in successful business.  How an owner’s values permeate throughout the workforce is essential to long-term success.  Having and implementing long-term values such as quality of product and service; commitment to clients and customers; appreciation and understanding of the workforce creates a culture where the “best” truly comes out. 

It’s ironic, then, that Forbes on one hand says, “we dropped companies that are thinly traded and those with fuzzy accounting or major legal troubles,” and on the other hand names Medifast as the #1 Best Small Business in America.  Medifast, as you might know, is in the middle of a major lawsuit in which Fraud Discovery Institute accused the company of “ ... pyramid-style selling - is unsustainable and will lead to a revenue trajectory similar to other multi-level marketing companies: dizzying initial expansion followed by lackluster revenue or worse.....”

Whether these accusations are true or not – they are illuminative.  If Medifast is indeed one of “America’s Best Small Companies,” won’t they still be there in 2011 when the lawsuit is behind them?  Why rush?

If you’re a day trader looking to make a quick buck – the Forbes list might be just right for you.  If you’re looking companies to emulate or model as a Best Business – Forbes is out of answers, and this list is one epic fail.

Follow Eric Swenson on Twitter: www.twitter.com/managingpeople.

Employees First

Dave Berkus is an accomplished speaker, author and angel investor.  He provides common sense advice to all businesses through his blog, Berkonomics.

His recent post deals with the frustrations of business owners who perceive that government regulations always favor employees.  His advice?  Recognize the realities of the times.

He's right!

Workplace Litigation Trends Report

This is the 7th year that Fulbright & Jaworski has surveyed senior corporate counsel regarding litigation.  I'm focusing on the responses that affect businesses - and selecting those answers.  The results are illuminating!

In which area is there the most litigation pending in the U.S.?

Contacts: 53%
Labor & Employment: 49%
Personal Injury: 27%
(participants could pick more than one type)

In which area has there been the greatest increase in multi-plaintiff cases whether they be class, collective action, or significant multiple plaintiff action?
Wage & Hour: 46%
Labor Union: 13%
Age: 11%
ERISA: 10%


[What types of cases] will see the greatest increase in 2011?
Discrimination: 39%
Wage & Hour:35%
Labor Union: 17%

ERISA: 5%

FMLA Could Become More Complicated

The Department of Labor will be conducting a comprehensive survey on how employees in the United States use their Family and Medical Leaves.  The Obama administration has made a committment to improving work-life and work-family balance, and the results of this survey are likely to influence changes in FMLA.

For now, nothing to take action on - but keep your eyes/ears open.

Here's an article from the Chicago law firm of Franczek and Radelet.

Quarterly Newsletter and a Sage Cartoonist

I hope you'll checkout our HR & Management Newsletter by clicking here.

Also, I note with interest David Horsey's editorial cartoon from July 21.  Mr. Horsey is a talented cartoonist who's published through the Hearst Newspaper chain.  (You can see all his stuff here).  After I've been writing and speaking so much on this topic - that businesses are finding ways of doing more with fewer employers - a client saw this in the San Francisco Chronicle and gave it to me:

David Horsey - Hearst Newspapers

Ten Truths for the Boss

Anyone who's read this blog over the years, or who knows me personally, is aware that one of my heroes is Michael Josephson.  Mr. Josephson has commented for years on the relationships between ethics and successful, sustainable business models.  One of his greatest radio commentaries discusses "10 Truths for the Boss", which I've put here:

Why is it that most employees think their bosses are at least a little out of touch? Probably because they are. Even those who worked their way to the top lose some credibility and effectiveness because they don't recognize what I call Ten Truths for the Boss:

1. The more certain you are that "it can't happen here," the more likely it is that it will. Be careful about overconfidence and complacency.
2. There are lots of things you don't know, and lots of people who hope you don't find out. Hardly anybody tells you the whole truth anymore. Information is filtered through the fears and career aspirations of subordinates, and many employees believe you will "kill the messenger" if they deliver bad news so they tell you what they think you want to hear.
3. To those who want to please you, your whisper is a yell and your comments are commands. Be careful, people may do foolish things to please you.
4. What you allow, you encourage.
5. There's never just one bad employee; there's the employee and the manager who keeps him.
6. At least someone who works for you is "gaming" the system so they appear to reach their business objectives with smoke and mirrors rather than real achievement.
7. According to the law of big numbers, if you have lots of employees, you probably have a few crooks and psychopaths working for you.
8. Few people think as highly of your ethics as you do.
9. No matter how many good things you do, you will be judged by your last worst act.
10. No matter what your job description says, what matters most is how you manage relationships and people.

The Josephson Institute of Ethics website is here.

To follow Mr. Josephson on Facebook, click here.

To follow Mr. Josephson on Twitter, click here.

Workplace Violence: Suicides on the Rise

Recently, I was personally affected by suicide when a neighbor shot himself.  (Fortunately, we were on vacation).  So perhaps that's why this article at MSNBC.com was so impactful.

Workplace suicides are surging since December 2008 - not only in China (which was well publicized) but in the United States as well.  The US number could be as high as a 75% increase in 2009 from the previous year.

Richard Shadick, director of Pace University's Counseling Center, an adjunct professor of psychology and a suicide expert, notes some warning signs to watch for:

• Persistent depression or sadness that lasts for long periods of time and impairs ability to function at work or in relationships.
• Verbal altercations at work or home.
• Excessive drinking. 

Workplace violence doesn't go away.  And it's clearly a concern for employers.  An article I wrote for this blog 2 1/2 years ago remains the 3rd most visited page in our history.

Pay attention to this - and make sure your employees are aware of warning signs and feel comfortable reporting those signs to management.

Firing an "At-Will" Employee

Gina Madsen is one of the really bright small business attorneys in Nevada.  She recently asked me to write an article on a 'real-life' situation - and I chose the concept of firing an at-will employee.

Even though most states abide by at-will concepts (you can fire an employee at any time for any reason - other than a few exceptions), there are many compliance and management principles that should be followed.

Here's the blog on her great website - http://www.madsenlawoffice.com/

The Art of Persuasion

It's always a little strange to see your thoughts in writing - especially if they're being written by someone else.

I was recently interviewed by students at the USC Marshall School of Business - they are candidates for Master's degrees in Leadership and Management.  The focus of the interview was how to persuade employees to see your point of view.

Here's the paper (and I didn't edit at all!)

Background:  Eric Swenson has over 20 years of experience in management, sales, training and marketing. He has managed hundreds of employees and interviewed over 2,000 people in his career. RSJ/Swenson LLC is a management and human resources consulting firm with offices in California and Nevada.

Interview Summary: Eric shared his insightful thoughts about the leadership and persuasion. For Eric, persuasion is a natural process and he prefers soft tactics. He is always honest to his superiors and subordinates. Eric believes that effective leaders are very expressive when they come to everybody. They are very candid and direct and these personal traits play a key role for persuasion process. According to Eric, the three most important aspects for managing up and down are communication, openness, and setting a positive tone that focuses on the end result.

Persuasion Strategies:

• Self Persuasion: “If you were in my position, how would you handle my problem?”
• You should let team members identify the solutions on their own. You also remind them why they live in the same organization. This especially helps you deal with some conflicts with your members.
• Logical reasoning: 
• You use facts, figures, and belief that your idea is correct. You also consider the goals, needs, and interests of your subordinates/superiors you’re trying to persuade. The more they see an idea can help them, the more likely they are to help you.
• Persuasion Tactics: 
• Collaboration: You need to work with your subordinates, not at them, in order to get them to enthusiastically support your requests. You collaborate with team members, rather than using authority. You don’t need to overuse that power. The relationship based on the trust is a key for the collaboration.
• Communication/Honesty: You should facilitate communication and be very honest to your people.
• Improving Persuasive Skills: Appeal to the subject’s self-interest: You make it sure that what you need align with their best interests.
• Present strong evidence to support your views/positions: You do intensive research and show the team members an idea that will likely work.
• Establish credibility: You’re more likely to persuade your subordinates when trust and respect you. You promise to take the blame if it does not go well. This leads you to build up the trust and respect you’re your subordinates.
• Make your objectives clear: You should get your team understand what you are doing and why are why you are doing that.

Other key factors:
Decision making is a collective effort: As a leader, you have to be honest to your team members. If you found you made a wrong decision, you would change the decision. There is nothing wrong with admitting a mistake.

Employee Communication is a 2-Way Street

The most frequent criticism of management, in every 360 survey we’ve done (and seen on a national basis) is

“I don’t get enough feedback from my boss.”

- or -

"My boss(es) is/are not good at communicating.”

I believe that communication is the crucial component in managing people.

And I agree that most managers and leaders don’t do a good job at communication.

One of the best bosses I ever had was the Training Manager at a large company. He trained me when I started years before. I eventually became a trainer. Chris spent time watching me train and really left me alone. But I had no idea what he though of my performance.

I finally asked him what he thought, and he said, “You’re the best trainer I have, and one of the best I’ve ever seen.”

That was flattering, but I asked him for his suggestions for improvement, and he gave me a few which really helped me.

Chris told me his attitude was “If you’re doing well, I don’t need to talk to you.”

His mistake, which he corrected after this conversation, was that I didn’t know what he thought of my performance.

Implicit in the failure of managers to properly communicate is the failure of employees to “manage up”. Managers cannot simply divine, through ESP, what an employee wants and needs; it’s equally incumbent upon employees to ask and tell their manager what they’re looking for as well.

A good manager will always welcome the chance to find out what their employees need.

So – if you’re an employee who’s unhappy with the lack of feedback, or feels that communication is poor – make sure to ask your boss! You’ll be surprised that your boss didn’t know that was an issue, and the best bosses will take your information and be able to transform your employment experience.

Overtime Gets A Little More Complicated in California

An employee makes a false claim for overtime. He says it's a mistake, but you believe otherwise, so you fire him.

That's OK, right?

Uh..not so fast. A new court decision, Barbosa v. Impco Technologies, makes that a wrongful termination.

Here's the recap and implications from Christopher W. Olmsted of Barker Olmsted & Barnier.

Job Bias Charges Approach Record High In Fiscal Year 2009

The U.S. Equal Employment Opportunity Commission (EEOC) has announced that 93,277 workplace discrimination charges were filed with the federal agency nationwide during Fiscal Year (FY) 2009, the second highest level ever, and monetary relief obtained for victims totaled over $376 million. The comprehensive enforcement and litigation statistics for FY 2009, which ended Sept. 30, 2009, are posted on the agency’s web site at http://www.eeoc.gov/eeoc/statistics/enforcement/index.cfm.

 

Discrimination based on disability, religion and/or national origin hit record highs. The number of charges alleging age-based discrimination reached the second-highest level ever. Continuing a decade-long trend, the most frequently filed charges with the EEOC in FY 2009 were charges alleging discrimination based on race (36%), retaliation (36%), and sex-based discrimination (30%). Multiple types of discrimination may be alleged in a single charge filing.

 

The near-historic level of total discrimination charge filings may be due to multiple factors, including greater accessibility of the EEOC to the public, economic conditions, increased diversity and demographic shifts in the labor force, employees’ greater awareness of their rights under the law, and changes to the agency’s intake practices that cut down on the steps needed for an individual to file a charge.

Social Media and the Workplace

I will be writing extensively in the upcoming weeks about Social Media and the Workplace.  Actually, not so much about social media (there are experts in that area all over the place), but the impact it has on employers and businesses.

So let's start off with an excellent article written by Maria Greco Danaher of Ogletree Deakins on the potential liability employers have when an employee uses social media.  Here's an important excerpt:

"...an employee who uses electronic media, including e-mail, blogs, or social networking sites, to make comments about a product made by his or her employer, and who fails to disclose his or her relationship with that manufacturer may create legal liability under the FTC guidelines.  Further, should a consumers rely on a particular comment in that posting to his or her detriment, any ensuing damage could be attributed to the manufacturer/company."

It's pretty apparent that social media has a place in the workplace.  Most experts (including me) agree that it's not practical to ban social media in the workplace.  So what do you do?

More to come...

California Alternative Workweek Schedules

One of the best ways of improving morale without costs is to consider Alternative Workweek schedules.  Up until January 1, it has been most difficult to implement.  However, California law regarding alternative workweek schedules have been eased somewhat as a result of AB 5.

Alternative workweek schedules allow non-exempt employees in a “work unit” to work in excess of 8 hours per day without incurring overtime. (California law includes a daily overtime requirement.) Generally, an employer may propose AWS work schedules of up to ten hours per day (12 for healthcare workers). Hours in excess of 10 per day, or 40 per week are overtime. Typically employers propose schedules consisting of four ten hour days or a “9/80” schedule. Special procedures describe advance disclosure and a secret ballot election prior to implementation of the AWS.

The AWS can apply to a “work unit” within a company, rather than to all employees. Previously, the Labor Code did not define “work unit,” although state regulations included a definition. The new law defines a work unit as “a division, a department, a job classification, a shift, a separate physical location, or a recognized subdivision thereof.” The amendment also clarifies that even a single employee may qualify as a work unit as long as his job function meets the definition.

In setting up an AWS, an employer may propose a single work schedule, or it may propose a menu of work schedule options for workers to select. Can the “menu” include a traditional 5 day week for those employees who do not want to work longer days? The amended law clarifies that the menu options may indeed include a regular schedule of five eight-hour days in a workweek. Consequently, employees who do not wish to work an AWS schedule may still vote in favor of the AWS by choosing to work the regular 8 hour day. This change greatly increases the odds of achieving the 2/3 employee supporting vote need to implement an AWS.

Additionally, the new law specifies how often employees may move from one schedule option to another on the menu. For example, if an employee opts to work four 10 hour days, how frequently can he opt to go back to regular 8 hour days? As amended, Labor Code § 511 allows employees to move from one schedule option to another on a weekly basis.