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.

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.

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.

What's The Humor In Sexual Harassment?

Whenever I conduct a non-harassment seminar, the first several minutes usually meet with giggles and sophomoric humor from the managers I'm training. As the seminar progresses, however, the managers become more sober as they realize the impact that a harassment allegation can mean for their careers or the business they work for.

Lots of problems arise when humor turns bad. What can start as an innocent joke can often get totally blown out of proportion and turn from innocence to a hostile work environment. Here's an article in today's South Florida Sun-Sentinel on exactly that subject.

Managers need to prevent harassment from occurring - no silly jokes, no non-work-related e-mails and - when you see anything start, it's your job to end it immediately.

Bottom line: There is nothing funny about sexual harassment.

Harassment is not necessarily what is said or done, but how it's perceived.

Talking Politics on the Job?

The three taboos in social conversation are sex, religion and politics. The same taboos apply to the workplace - especially when a manager is talking with a direct report.

In this article from Ilene Wasserman on Entrepreneur.com, the focus is more on how to properly engage a co-worker in a political discussion. Her ideas are sound.

But as a manager, the easiest way to avoid confrontation and difficult feelings is simply not to discuss politics - or sex, or religion - with your employees.

Keep your workplace a forum for business ideas and discussions, and not a political forum for your own (or others') beliefs.

The Campaign Against Workplace Bullying

The first poll about the prevalence and nature of workplace bullying in the U.S. showed 37% of U.S. workers have been personally bullied -- 54 million Americans. An additional 12% of the workforce witnessed it.

While any good manager or business owner should immediately halt any issues of bullying in the workplace, it's obvious by those numbers that it's not happening.

Now, an organized campaign is mounting to end workplace bullying via state laws. 13 states have introduced legislation to prevent this issue from occurring - and/or to punish business owners who tolerate this behavior.

Harassment and discrimination continue to be major issues for employers. Preventing it from happening it is far easier than having to deal with it after it happens.

Courtesy Workplace Bullying Institute and California Healthy Workplace Advocates

IRS & States To Share Employment Tax Results

29 states have agreed to work with the IRS to share the results of employment tax examinations.

"Combining resources will help IRS and the states reduce fraudulent filings, uncover employment tax avoidance schemes and ensure proper worker classification,” according to an IRS spokesman.

What this means is that employers who pay employees 'under the table' will be far more likely to suffer adverse consequences, since it now will be easier for the IRS & states to coordinate their efforts.

Many businesses have used a variety of methods in an effort to avoid federal and state employment payroll and unemployment taxes. They include:

• Paying employees cash;
• Classifying employees as 'independent contractors' or '1099's'

It's time to revisit your employment practices. The crackdown has begun.

Here's the press release from the Internal Revenue Service. The states involved in the program are: Arizona, Arkansas, California, Colorado, Connecticut, Hawaii, Idaho, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Nebraska, New Hampshire, New Jersey, New York, North Dakota, Ohio, Oklahoma, Rhode Island, South Carolina, South Dakota, Texas, Utah, Vermont, Virginia, Washington and Wisconsin.

The Pitfalls of Hiring a Jerk

The cost of employee turnover - in pure dollars - is ever increasing.

Although techniques are available to mitigate the cost of bad hires, it's up to the hiring manager to determine whether or not a candidate can work well with others. It's a difficult decision - if someone is highly qualified, but has an attitude - do you hire them? What is the effect of a 'jerk' on your team?

I once interviewed a candidate for a sales manager position. He had eight years of management experience, an MBA, and all the credentials.

Starting the interview, I asked him to tell me about himself.

"Why do you want to know? You've seen my resume."

"Yes, but I'd like to hear you talk about yourself."

"Why?"

"Because I'm interviewing YOU," I said.

It went on and on, and I realized that - although this person was highly qualified on paper, he was such a jerk that my other managers and employees would eventually have serious relationship problems with him (to say nothing of me - I was ready to kill him, and it was only the first interview).

Needless to say, he was not hired.

Companies are getting much more discriminating in weeding out potential jerks in favor of finding the best fit for the company.

From Newsday.

New I-9 Form Available for Employers

The U.S. Department of Citizenship and Immigration Services has revised the I-9 Form (that's the Employment Eligibility Verification Form that all employers must have for employees hired after November 6, 1986.

The new form is available here (you'll need Adobe Reader).

There are changes to what documents may be used for proof of eligibility to work in the United States:

• Five documents have been removed from List A of the List of Acceptable Documents:

Certificate of U.S. Citizenship (Form N-560 or N-561)
Certificate of Naturalization (Form N-550 or N-570)
Alien Registration Receipt Card (I-151)
Unexpired Reentry Permit (Form I-327)
Unexpired Refugee Travel Document (Form I-571)

• One document was added to List A of the List of Acceptable Documents:

Unexpired Employment Authorization Document (I-766)

• All Employment Authorization Documents with photographs have been consolidated as one item on List A:

I-688, I-688A, I-688B, I-766

• Instructions regarding Section 1 of the Form I-9 now indicate that the employee is not obliged to provide his or her Social Security number in Section 1 of the Form I-9, unless he or she is employed by an employer who participates in E-Verify.

• Employers may now sign and retain Forms I-9 electronically.

Sexual Harassment & Retaliation

One of the most important facets of a sexual harassment accusation is usually forgotten - the potential for retaliation.

Every employer should have a concrete non-harassment policy in their handbook, with a receipt page, as well as a grievance procedure. The standard non-harassment policy must ensure alleged victims will not be retaliated against in any way. Should an accusation take place, the employer must respond immediately with a thorough, and unbiased, investigation.

Even when all of these issues are done, the potential for retaliation is still there. I've dealt with this many times. Even when the employer does everything right, if retaliation can be proven, it can be quite costly in terms of legal fees and a potential buyout or judgement.

Here's a case from Richardson, Texas where even the slightest thought of potential retaliation has put an employer (who did everything right) back in court.

Courtesy of Fisher & Phillips.