What is going on in your head?

• Published on March 10, 2016
• 
  
• 
  
• 
  
• 
  

• Learn about the thought processes that may be holding you back from your true potential as well as those balanced thought processes which may be hidden and overridden by the "loud" voices.   I invite you to take this free, quick assessment.  Contact me if you would like to learn more ( we can schedule a debrief of the full 35 page results!)   Click on the link to take this 8-10 minute assessment.

HR for every size business

Here are some tips with links shared at a recent Safety Harbor Chamber Meeting by krexconsulting Principal Consultant Kelley Rexroad.  These are a few key items that will help every business with their HR processes.

1. Be sure you have an application; not just a resume.  An application allows you to ask the questions and gather the information you need for the business.  the resume may have information which would not have anything to dow with the job ( like religion or age).  Yet, if that is the only information for which you are using, and your don't employ the person then you  may be accused of using potentially discriminatory information.  Have an application that does not ask for year of HS graduation and Social Security Number.
2. Be sure each interview question is around the job requirements.  Start with “Are you able….?” Such as “Are you able to work until 7pm some nights?
3. The Job Description allows you to define what the job is, what success int hat job will look like and what expectations are for the position. Without definition of the role how do you know a person can do the job?
4. Be sure to have an offer letter that outlines the job title, the start date, and the salary in an amount that is by pay such as hourly or bi weekly.  Do not just like the annual pay.  Offers should be made with a contingency around drug tests and background tests.
5. Be sure to have a 90 day introductory period.  If the person is not working out, have a conversation with him/her.  If you do not see immediate improvement it probably wont be any better.  The 90 day deadline is related to unemployment. 
6. Be sure to collect an I-9 form for each employee within the first 72 hours.  Be sure you have the latest form. http://www.uscis.gov/sites/default/files/files/form/i-9.pdf  The Employer’s Guide is really good-http://www.uscis.gov/sites/default/files/files/form/m-274.pdf,   These forms must be kept outside of the personnel file. Use a 3 ring binder keeping them in alphabetical order with a tab for terminated files behind the active employees.
7. Be sure you have your posters up.  You can get them free from here:  http://www.floridajobs.org/business-growth-and-partnerships/for-employers/display-posters-and-required-notices
8. There are many HR related items in Tallahassee.  Be sure to talk to your representative about them.  
9. Obamacare regulations continue to roll out.  Stay tuned in with this site: https://www.healthcare.gov
10. There are change in the salary test expected involving the Fair Labor Standards Act. This was initiated by the President: https://www.whitehouse.gov/the-press-office/2014/03/13/presidential-memorandum-updating-and-modernizing-overtime-regulations The particular fact sheet will be updated as soon as the change is announced.   http://www.dol.gov/whd/overtime/fs17c_administrative.pdf  A general fact sheet is available here:http://www.dol.gov/whd/regs/compliance/fairpay/fs17a_overview.pdf
11. Be sure you are to date on Protected Concerted Activity and Section 7of the National Labor Relations Act.  This is important  whether you have a union or do not.  This pertains to every business.  There are changing items relating to social media so be sure your policies and handbook are up to date.  Here is one site from which to learn more:  http://www.nlrb.gov/rights-we-protect/protected-concerted-activity
12. Understand that there is an increased focus on employees working off the clock by answering emails or being on call.  Be sure your job descriptions are up to date and that non exempt employee are paid properly.    http://www.dol.gov/whd/offtheclock/
13. Since it is summer-remember that private employers may not have unpaid interns unless the specific rules have been followed.  Details are here:  http://www.dol.gov/whd/regs/compliance/whdfs71.pdf
14. There are new forms for those employee subject to Family Medical Leave.  There are some fact sheet and some new forms.  Be sure you get them here:  http://www.dol.gov/whd/fmla/

Human Resources is not about just being compliant.  It is about maximizing your largest budget item.  How do you develop and appreciate the talent you have?  It is the people who make a difference in your business.  Are you doing all you can, should and want to for yours? If you have any questions or need more information, please contact Kelley Rexroad, krexconsulting at 813-920-9030 or kelley@krexconsulting.com 

A How To:  

Fall back! How's that work with time sheets?

Employees working the graveyard shift when daylight-saving time ends ithis weekend work an extra hour because the clocks are set back one hour at 2 a.m. (in most states)

Here's an example:  Sam works a scheduled shift starting at 8 pm p.m. and ending at 4:30 a.m. the next day; Sam works an eight-hour shift and receives a 30-minute (unpaid) lunch break. This Sunday, daylight savings time ends and clocks are turned back (fall back).  For this shift Sam worked 9 hours.

The Fair Labor Standards Act requires that employees be credited with all of the hours actually worked. In this example, Sam will be paid for nine hours.

If Sam works the rest of the week at the regular schedule, Sam will be paid for 40 hours at regular pay and one hour of overtime (in most states). 

Your organization's culture does impact your bottom line!

Culture does impact bottom line!  Here in Florida our previously known Kash N Karry stores aka Sweet Bay are changing to Winn Dixie.

I waited until mid week to visit the one near us. so, no one to greet me...a table with the WD rewards cards...but no one...and it was 25 minutes before someone said hello...with eye contact and then asked me if I needed help finding things...There were plenty of people but it was Andrew who said hello.  

Saw the manager who made a point later on to say hello in front of people...the same manager who told me when it was SweetBay..."that we don't do that welcome to the neighbor thing anymore"...as he wanted away..."not sure why"....oh, and I had to find him to ask him for a package for our new pastor who was moving to the area.  

The expectation is a clean store, reasonable value, reasonable prices but the people make the experience....the 17 people who had chances to say hello to  me...to the new WD store.

Culture ...engaged employees.....who want to be involved with the people releasing their money....

It isn't the sign, the new carts, or the computer system....it is the people....

What a waste of money for I predict there will be many of these store closed after this new, improved...

Give me a smiling employee who wants to help me and I'll take an old wobbly wheeled cart with an old name on it...

5 tips for new grads; start by ignoring the headline in today's papers

Today the front pages of The Tampa Tribune and the Tampa Bay Times ran an article on the grim future for new college grads.  It was the same Associated Press article.  This drives me crazy because it lists the issue and no solution.  One 23 year old described "months of fruitless searches........graduated in 2012 with a creative-writing degree."  What was really telling was his comment, "I don't even know what I'm looking for." Then the article gets career help from a Harvard economist! URGGGG.   Careers aren't numbers--they are people first!  Numbers are the results of what people do.

So here are 5 tips to help you experience a springboard, not a cliff,  when you graduate:

1:  WORK:  Internship, part time jobs, seasonal, volunteer:  Get some experience, get some references, get some discipline.  The internship will give you experience in something you may like or love or even realize you don't like!  All that is useful information as to what your career path will look like.  I realized after a government position that I didn't like it.  It didn't seem like I mattered.  I had a great office and hardworking boss and co workers but overall--what did we really didn't matter to anyone (at least I couldn't see it)--so I went to private industry.

Internships, part time jobs and seasonal work will give you people who will provide a reference as to your attitude and your skills.  I worked at The Old County Busch Gardens one summer.  It was hard work.  Lots of walking in the park, selling high end imports in my story.  I met great people and learned about processes in a business--from customer service to closing out my cash drawer to display marketing.  I grew up in a family business and I was surprised how much I learned growing up that was true in this business too!

Volunteer where you can meet business owners.  There are loads of charities who would appreciate your ability to apply your marketing skill, your creative writing, your financial knowledge or your organizational skills.

What about discipline?  No one fires you when you don't make class.  You need to know that you need to get to work on time-ready to work.  That doesn't mean excuses for traffic.  You work through headaches. You become part of a team and understand what it means to contribute to something bigger than yourself.

2.  Practice engaging in a conversation!  Ask your parents' friends and ask employers to help you interview.  What are your strengths?  How are you working on your weaknesses?  Pick 5 companies you admire and talk about why you like them?  Research them so you can ask questions that are intelligent-not questions that can be answered by Google.Go to a free networking event. Practice chit chat.  How do you start a conversation?  How do you end the conversation?  Make eye contact. Remove piercing hardware, cover tattoos and practice your handshake.  ( of course if piercings and tats are integral to the job-show them). All are part of a good impression.  Read one of the top business books or biographies.  It will give you something to discuss.

3.  Put pressure on your college career center.  Hey, I love talking about "fixing the world" especially with a good bottle of wine-but it doesn't' pay the rent.   Your career center should prove as an assessment place, help you explore firms, share search engines with you and sites that will give you insight into a company.  They should teach you how to read a basic profit and loss statement so you can decide if a company is good or bad-financially.  Alums should reach out to the career center first.  If you wouldn't hire a grad-why should people hire you?  Parents and students need to get more from their career centers.  They should be the facilitator and the catalyst.  A good career center can show off the degree and  the powerful alumnae network.  And for the college/university it is an investment--the sooner the new grad is making money the sooner the former student will have money to give back-especially to a school that prepared him/her.

4.  LinkedIn, LinkedIn, LinkedIn--and this is not a commercial.  This is where you spend your time on line.  Understand the relationships people have. Read job titles.  Read the summary of what people have done in those jobs.  Post articles of interest in your field.  Are you leaning towards photography?  Let people know about a cool article on the latest HDR technique.  Join groups so you will get to know those people. You can join up to 50! Ask questions; build relationships.  Too many times I see-"I need a job." or "Can you tell Mr so and so about me and send my resume."  Are you kidding me?  This isn't about you.

People hire people who will solve their business need. What is the business problem you solve?  The world does not owe you a job--but you owe yourself a job.  You are missing out on the great feeling of contribution and pride that comes from doing a great job in whatever you do.

5.  Writing!  Have a killer resume.  Your resume should include a profile or summary at the start which includes what you know as well as how you work.  For instance:  "Bi-lingual proven leader with an economic degree.  Experienced in customer service and retail financial operations.  Known for dependability and initiative."  List your experience and then your education.  Your resume should have a section on your Honors and Awards (like Dean's list), a section on Leadership (like Swim Team Captain) and a final section on Community  (participant in Relay for Life).  Your resume should stay the same but your cover letter should change to  address a particular job.  Research the firm.  Be sure your language mirrors the language of the firm.  For instance if one of their company values is entrepreneurial spirit-talk about your  experience from your record breaking Girl Scout cookie sales to the fund raising at the sorority.

And here is a bonus tip:  Take the assumptions being made about new grads to your advantage.    Summarize in your interview and cover letter something like this:  "Some people believe that new grads are so busy texting that we don't know how to work.  I do know how to work; I do know how to apply what I have learned in my jobs and I have references who will share why I am a good employee.You aren't taking a chance on me because I am a proven example of a good employee."

Okay, hope some of this helps you or a new grad.  If you want  more help for your student (you did hire him/her an SAT coach or  a soccer coach) then call me(813-920-9030).  Give a graduation gift that is an investment in your new grad.  That first job will set the stage for their future earnings.  Don't let your student be a victim.

You May Need Bigger Bulletin Board--yep, here comes another legal posting!

Well, a federal district court upheld (3/2/12) a National Labor Relations Board's (NLRB) rule that requires employers to post notices informing workers of their right to join a union.  Several trade and business groups challenged the NLRB rule including The National Association of Manufacturers and the National Right to Work Legal Defense Foundation along with the National Federation of Independent Business.  

So, what is this poster?  It informs employees of their rights under the National Labor Relations Act (NLRA). It must be posted in a conspicuous places, informing them of their NLRA rights, together with Board contact information and information concerning basic enforcement procedures.    The notice state

"Under the NLRA), you have the right to: 

• Organize a union to negotiate with your employer concerning your wages, hours, and other terms and conditions of employment. 
• Form, join or assist a union 
• Bargain collectively through representatives of employees’ own choosing for a contract with your employer setting your wages, benefits, hours, and other working conditions.
• Discuss your terms and conditions of employment or union organizing with your co-workers or a union.
• Take action with one or more co-workers to improve your working conditions by, among other means, raising work-related complaints directly with your employer or with a government agency, and seeking help from a union.
• Strike and picket, depending on the purpose or means of the strike or the picketing.
• Choose not to do any of these activities, including joining or remaining a member of a union"

The notice also lists several examples of unlawful behavior under the NLRA and instructs employees how to contact the NLRB with questions or complaints.

Employers are also required to post the notice in a foreign language, if 20 percent or more of the employees in the employer’s workforce speak a language other than English.   The NLRB is translating the poster into 26 other languages.  The rule additionally requires that employers who regularly communicate with employees via electronic means, such as a company intranet site, also post the notice electronically, or provide a link to the NLRB site. 

The notice must be posted by April 30, 2012 and it must be an 11/x 17 paper.  The court struck down much of the enforcement in the original rule but it is clear that employers who fail to post the notice could face an individualized determination that failure to post the notice was unlawful. 

Oh, you can get the copies of the poster for free from the NLRB or download it a at Get poster from NLRB

Now, you may wonder if you are an employer required to post this--the answer is probably yes if you are a private employer.  There are several public-sector employees and others who are excluded--including workers employed by a parent or spouse.  Details are at the bottom of the poster. Also, the Board did agree to exempt the US Postal Service for the time being due to the organization's unique rules under the Act. 

Here's a link to read some of the FAQs: NLRB FAQ on poster

Yes, there still could be appeals.... 

And for a little light reading--and for your reference--here is the rule: NLRB rule on poster.

I'll publish some info on protected concerted activity. It can be tricky.  

After 6 years: Wage & Hour Class action suit against Novartis settled for $99M!!!

So Novartis isn't waiting for the US Supreme Court ruling and is settling the wage and hour class action lawsuit for $99Million!

Novartis says its pharmaceutical sales representatives fit the "outside sales" exemption of the Fair Labor Standards Act (FLSA).  The plaintiffs didn't agree and felt they were unlawfully classified as exempt and denied overtime. The $99 million is an award for the eligible class members of nearly 7,000 and 30% in attorney's fees.

The class members averaged total compensation of $91,500 and they worked an average of 10 to 20 hours of overtime each week.

The settlement includes resolving overtime claims, meal periods and/or compensation for rest breaks, will provide itemized wage statements, maintain and keep accurate records, pay employees in a timely manner during or at the conclusion of their employment and provide compensation for off the clock time.

The decision is still to be made by the US Supreme Court.  This case has been litigating for nearly six years.

I pulled the detail information from several sources including press, trade magazines, attorney notices.  
This case will have a ripple effect. The impact of a law designed in the 1930's for the jobs of today will continue to create issues between employees and their organizations. More on that at a later time.