tag:blogger.com,1999:blog-106906132024-03-06T23:50:00.420-06:00Jim Thomason's "The Business of People"Career Human Resources professional gives personal opinions and analysis on the people side of the corporate life. Opinions expressed here do not necessarily reflect the policies or opinions of my employer.Anonymoushttp://www.blogger.com/profile/12327900069847576688noreply@blogger.comBlogger252125tag:blogger.com,1999:blog-10690613.post-15568289659833221572017-02-17T12:57:00.001-06:002017-02-17T12:57:14.892-06:00Employer Response to Feb 17 General StrikeIf you are an employer and have employees participating in today's called General Strike here are a few tips. The demands of the General Strike are not employment related: they are political and are not about to your workplace's specific terms and conditions of employment. As such this is not subject to the "no strike" clause of your collective bargaining agreement (if you have one), and is not a non-union "wildcat strike". As such it is not NLRB protected concerted activity in my opinion. You can take corrective action in accordance with your policies.<br />
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But be careful: this "is" protected First Amendment speech so terminating for absences related to this event could prove problematic. Still you probably don't want people walking off the job without consequences and/or disrupting your workplace.<br />
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Here is what you can do. Insist that the strikers leave your premises, not block your entrances and exits, and not disrupt your business. You can call in people to cover open shifts. You can follow your existing policies regarding unexcused absences including disciplinary actions and whether or not you allow paid time off for this absence. You should consider if someone called-in that they were going to participate, or if they were a no-call, no-show in deciding how to classify the absence. <br />
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Your best strategy is treat this event like any other absence, move on, and don't end up as a headline.Anonymoushttp://www.blogger.com/profile/12327900069847576688noreply@blogger.com0tag:blogger.com,1999:blog-10690613.post-48390906080996427692016-08-17T07:45:00.001-05:002016-08-17T07:45:18.943-05:00I Feel LIke I Owe It To Someone: A Blog RebootA dear friend of mine used to keep a cartoon taped to his office window. One dog was talking to another saying, "I used to blog, but then I just went back to howling at the moon." <br />
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In May of 2015 I posted on this site that I was taking a break from blogging. You can find that easily so I won't repeat it. At that time I had not posted in almost a year, so now two years have gone by without original content. I felt, and feel, that the risks of a social media misstep must be outweighed by some greater purpose. Without that, like the dog in the cartoon, all you do is risk your job and reputation howling at the moon. <br />
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In the last few weeks I believe I have found that purpose. A former colleague contacted me asking for my help in his job search. I counseled with him and casually mentioned afterward on LinkedIn that I would do the same for any former Nelson colleague still in transition and would never charge. Then I had a family member decide to change careers, then refer me to a colleague of hers who wanted to do the same. One day I looked up and I was working with, in some form or another, five different people in career transition.<br />
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And then it hit me. If you don't work for a company that provides career transition services when you lose your job, if you resign, or if you are just unhappy at work where do you learn how to transition? Some of my past colleagues got skinny outplacement packages from a so-so outplacement provider. Some people want to voluntarily change jobs and don't have transition services available to them. There have always been companies out there that would charge for this but it was a pretty smarmy industry, and people in transition are watching their pennies. There really isn't a business here, but there is a ministry.<br />
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And that's the big idea of rebooting this blog. I used it as a forum to communicate to a workforce when I was HR VP, but not longer have that need. However there are people out there who need practical advice like I used to give if you walked into my office, and the kind that I give to my current clients. Best thing of all is that giving career transition advise is totally separate from my current consulting and thus not in conflict or competition with my day job. It feels relatively safe and has a greater purpose than howling at the moon. The Business of People will not be a corporate communications tool. This time around it is for the reader who doesn't have or can't go to their own HR department.<br />
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So over the next few posts we will discuss how to find your next job. It is not a proprietary program; just things I've developed over the years and that I am working through with the people who have asked for my help. In life and in business I am blessed and doing well: I feel like I owe this to someone out there. Whatever content I post is not copywrited, non-monetized and free for your use. <br />
Anonymoushttp://www.blogger.com/profile/12327900069847576688noreply@blogger.com0tag:blogger.com,1999:blog-10690613.post-16278445999572134272015-05-21T21:15:00.000-05:002015-05-21T21:15:05.037-05:00Taking a Break from BloggingOne day I looked up and I had only posted twice since April of 2014. The reason is simple: it no longer feels safe. The number of Trolls looking to make a huge deal of social media missteps has grown exponentially since I first began blogging. The number of companies with policies against social media missteps has grown, and those policies carry real consequences. Finally, I used this blog for communications with the Thomas Nelson workforce of which I am no longer a leader or member. The combination of these factors makes blogging all risk and no benefit. <br />
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The dilemma for me personally is that my old content, my "backlist" as we would say in publishing, still gets several hundred to a couple of thousand hits per month. One day last month I had 700+ hits on an old article in one day. There seems to be "an" audience, but not one I have been able to successfully define. But again, unless I were to try and monetize that audience and make a living blogging, the risk to my other pursuits outweighs any benefit of just getting my opinion off my chest.<br />
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So, for the time being, I am off the air. There will be a time in the future when I can say what I wish without concern. When that happens, if there is an identifiable audience and enough demand, I'll go back to adding regular content. Until that time I will leave the old content up for whomever wishes to see it. <br />
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In the meantime, if you have HR questions in general, or questions about any of my backlist, feel free to drop me an email at my public address, jimthomason@bellsouth.net. <br />
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All the best,<br />
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JimAnonymoushttp://www.blogger.com/profile/12327900069847576688noreply@blogger.com0tag:blogger.com,1999:blog-10690613.post-31230660589220133902015-02-27T08:35:00.000-06:002015-02-27T08:35:22.704-06:00DOL Issues Final Rule on FMLA and Same Sex/Common Law CouplesSince July of 2014 the Department of Labor has been soliciting public comments on proposed rule changes to the Family and Medical Leave Act (FMLA) regarding same-sex and common-law marriages. It recently announced that the <a href="http://www.dol.gov/whd/fmla/spouse/index.htm">Final Rules</a> have been written and will become effective March 27th, 2015. Those rules replace interim guidance that had been in place for some time since the Supreme Court's striking down the Defense of Marriage Act (DOMA). <br />
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First you might ask why this was necessary. Some will of course say that this is part of the federal government's push under a liberal administration to redefine marriage. That is hardly the rationale. Currently 37 states and 18 foreign countries recognize same-sex marriages, but the FMLA is a federal law that applies in all US states and governed territories. The potential for confusion was significant. More and more young couples are cohabitating and raising families outside of a traditional marriage. The FMLA, were it not to consider the needs of these couples, would not equally extend the protections that Congress has envisioned to all workers.<br />
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For example, if a same-sex couple is married in a state that recognizes their marriage, then the FMLA would logically apply to their employment relationship lest employers in that state treat two similarly-situated married employees differently. Similarly should that couple then move to a state which does not recognize their marriage, then the question of whether or not they lose that protection becomes a question. Common law couples, many together longer than some marriages last, have the same personal and family medical situations and needs for time off as those of us in traditional marriages. <br />
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Throw into these situations any children that these couples may have, and who has federal protection during times of their care, and you can see the potential for conflict. Clarity on the rights and expectations of both employers and employees was needed.<br />
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Here are the highlights. To have FMLA protection the couple would need to have been married or obtain common law status in a state or foreign country where their marriage was recognized. The Rule changes the definition of spouse to any person entered into a legally valid marriage including common law arrangements. "Place of Residence" has been amended to "Place of Celebration" to be inclusive of various types of marriages. Also the definition of covered children encompasses those parented <em>in loco parentis</em>; in other words, in situations where the day-to-day parenting and financial support takes place regardless of biological relationship. <br />
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For HR professionals and employers the way forward is clear. If you have an employee living in a family situation where they have a partner, same sex or opposite, raising children in a family setting then FMLA most likely applies to them. You can split hairs as to what type of marriage and where it was celebrated, but the risks far outweigh the benefits. Those risks include not only litigation but adverse publicity and brand damage, both within and outside your workplace, from being seen as a discriminatory employer. Best to give them the Physician's Certification if they have been with you long enough to be eligible, then administer the leave according to the medical facts.<br />
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As always, comments are welcome.<br />
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Anonymoushttp://www.blogger.com/profile/12327900069847576688noreply@blogger.com0tag:blogger.com,1999:blog-10690613.post-56682885310006928342014-04-22T11:38:00.000-05:002014-04-22T11:38:11.855-05:00Don't Elect COBRA! Buy Exchange CoverageOne of the little-talked-about benefits of the Affordable Care Act's <a href="http://www.healthcare.gov/">Insurance Marketplace</a> is that people who lose their health coverage during the year become eligible to sign-up. The same COBRA qualifying events that make you eligible to elect COBRA also make you eligible for mid-year sign ups on state or federal Exchanges. Employers can charge you 102% of the full premium for your existing coverage, and generally employees pay about 1/3 to 1/2 of the full premium. COBRA premiums, then, are sure to be anywhere from double to triple what you normally pay.<br />
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Exchange coverage will be 100% of the full premium. The coverage pool is also larger than most employers. Chances are your premiums will be the same or less than COBRA coverage. However depending upon your income you could be eligible for a subsidy which could make the coverage less expensive. Another advantage is that if you did not elect a certain coverage as an employee you cannot elect it under COBRA. Exchange coverage, as I understand it, has no such restrictions.<br />
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Before electing COBRA check out your state or federal exchange. It will almost certainly cost you the same or less and provide you more flexibility in what you choose to elect.<br />
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Anonymoushttp://www.blogger.com/profile/12327900069847576688noreply@blogger.com0tag:blogger.com,1999:blog-10690613.post-33385876431332242502014-04-12T14:14:00.000-05:002014-04-12T14:14:22.483-05:00How to Construct Great Interview QuestionsInterviews are possibly the most important thing a manager will do. Hiring the right people, and keeping the wrong fit out, is one cornerstone of good performance for the whole team. A poor contributor, or poor attitude, or both will drag down a whole team. All-stars properly motivated left the whole group. Bad interview technique can also lead to legal exposure if questions drift into non-job-related subjects. I have found that this happens far more out of ignorance and lack of planning than prejudice.<br />
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With this in mind here is how to construct interview questions that will keep you legal and focused on the search for great people. Plan your interview questions into two groups:<br />
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1. Task-based<br />
2. Probing for Past Performance and Attitudes<br />
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<b>Task-Based Questions</b><br />
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You want to know if the candidate can perform the essential functions of the job. To do that you want to marry the duties of the job with the prepositional phrases from Behavioral Interviewing. Here's how:<br />
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1. Start with the job description. If you don't have one, or the one you have is poorly-written and 5 pages long (hey, it happens), write down the 4-6 most important aspects of the job.<br />
2. Apply these Behavior Interviewing phrases in front of each of the most important aspects:<br />
* Give me an example of a time when you... (insert task)<br />
* When in your career have you...(same thing)<br />
* At what former job have you ever...<br />
* Can you think of a time when you have.....<br />
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These leading questions do two things: they avoid the "yes" or "no" answer from the candidate and they give a good indication of whether or not the person has the experience you seek.<br />
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<b>Probing Questions</b><br />
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Here you want to know how people think or lead; what they prefer in the type of jobs or supervisors, and where they want their career to go. These are all legal and will give you an indication of how well the candidate fits the job you have for them.<br />
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1. What accomplishments in your career are you most proud of?<br />
2. Without naming names, tell me about the best supervisor you ever worked for? What made them a great supervisor?<br />
3. Without naming names, lets reverse the question. Tell me about the worst supervisor you ever worked for and why you feel that way about them.<br />
4. Describe a time when you had a really bad problem at work and how did you resolve it?<br />
5. If we called your last employer what would they say about you? <i>(you'll be surprised how much the prospect that you might call will cause a very candid answer)</i><br />
6. Other than a paycheck, why do you do what you do for a living? <i>(you are looking for passion)</i><br />
7. Of course we have other candidates, so tell us why we should hire you? <br />
8. What questions do you have for me? <i>(this will measure preparation which indicates interest)</i><br />
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Together this gives you 12 - 14 great, job-related and legal questions that provide insight into the candidate. It is easier, always, to know what you can say than to remember all the HR warnings about questions you should not ask. This list can also be used by a single interviewer or divided into two or three interviews for structured panel interviews.<br />
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Please use these with my compliments. Also, if you are scheduled for an interview with me and are doing research, don't get too comfortable. I have plenty more. :-)Anonymoushttp://www.blogger.com/profile/12327900069847576688noreply@blogger.com0tag:blogger.com,1999:blog-10690613.post-11588089416307009512014-01-16T10:25:00.000-06:002014-01-16T10:25:19.118-06:00My Opinion: Plan Now to Discontinue Executive Benefits Next RenewalPart of my first-year's learning in Senior Living has been discovering that some communities, even with small workforces, have special benefits for their management teams. This will become problematic and potentially cause employers to pay penalties once the Affordable Care Act is fully implemented. Since most plans are based upon the calendar year and have renewed for 2014 now is the time to plan and communicate a discontinuation of those plan options. The regulations have not yet been written and so implementation is delayed: this gives employers time to eliminate those plans for 2015.<br />
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<a href="http://www.gpo.gov/fdsys/pkg/PLAW-111publ148/html/PLAW-111publ148.htm">Section 2716</a> of the Affordable Care Act prohibits discrimination based upon salary in the provision of benefits under a pre-tax benefits plan. In layman's terms, your highly compensated management cannot receive better benefits than the rest of your employees and your plan still enjoy pre-tax status. For the definition of "highly compensated employee" the government could have used a simple definition ($115,000 for 2014) but of course, why do something simple regarding the ACA? <br />
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Instead of the simple definition the Act uses the test included in <a href="http://www.uhc.com/united_for_reform_resource_center/health_reform_provisions/non_discrimination.htm">Section 105(h)(5)</a> of the Internal Revenue Code. Under this test an employee is "highly compensated" if any of the three criteria below are met:<br />
<ol>
<li>The employee is one of the five highest paid officers in the company.</li>
<li>The employee is a shareholder who owns more than 10% of the employer's stock.</li>
<li>The employee is among the highest paid 25% of employees.</li>
</ol>
In small workforces virtually all the management team will be included in #3 above. In privately held "mom and pop" communities where the Executive Director has equity, it is possible to meet #2. In privately held communities where the owner or spouse are employed they may meet all three criteria.<br />
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While this test applies primarily to self-insured plans, the news for fully insured plans is worse. Those tests have not ye tbeen issued but will include a formula to account for part-time employees. Remember, the Employer Mandate penalties under ACA were delayed for this year because the definition of an eligible part-time employee has not yet been settled. <em>Employers with fully-insured plans who want to keep an executive tier of coverage therefore have no way of knowing if their plan will pass or be determined as discriminatory. </em><br />
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If you already have a separate Executive Plan that is grandfathered in you may keep it. However if you simply have one plan and give your executive team better pricing or benefits your plan will probably not pass testing under Section 2716. Your best course of action is to communicate this now and give your management team time to adjust to the loss of benefits. Since this change will save the employer money, you may also want to consider repurposing those savings into increased salary or paid time off (both still unregulated) as compensation for lost benefits.<br />
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Anonymoushttp://www.blogger.com/profile/12327900069847576688noreply@blogger.com0tag:blogger.com,1999:blog-10690613.post-53356957921279959782014-01-01T12:33:00.000-06:002014-01-01T12:33:59.775-06:00Wait Just a Minute: the Affordable Care Act May WorkThe withering criticism of the Affordable Care Act ("Obamacare") has led many to believe that it is a disaster, that it will never work, etc... If you only watch conservative television or listen to conservative talk radio and politicians then you might be convinced of this "fact". Best to hang on for a moment.<br />
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One of the criticisms is that "nobody is signing up" as often-reported on Fox News which is omnipresent in the YMCA where I work out. Early in the enrollment process there were daily reports of "single digit" enrollments in some states. This was due to the HHS software being as bad at reporting as it was at enrolling.<br />
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The software bugs are being fixed and enrollments are happening, and this week no more conservative voice than The Washington Post reports that HHS may actually meet their first enrollment goal of <a href="http://www.washingtonpost.com/blogs/wonkblog/wp/2013/12/30/obamacare-just-might-net-its-7-million-sign-ups/">7 million enrollees</a> for 2014. If that target is attained, given the large amount of negative publicity, the daily rants from conservative media, the software debacle and a Republican campaign last fall to discourage enrollment by uninsured Americans, it will be a significant accomplishment. <br />
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Personally I have seen two anecdotal situations that affirm this forward momentum. I have a family member who was unable to afford coverage for himself and his wife because of her preexisting conditions. Last month they secured subsidized coverage for the two of them for $120/month. The first month of Exchange enrollment I had a friend, a small-market realtor, who looked on line and complained to me that single coverage for her would be over $600/month. After working through the repaired website and getting to the subsidy calculations, she secured free coverage for a bronze plan.<br />
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Time will tell what full implementation of the ACA brings. Right now it is still a political football with supporters looking past every flaw and detractors ignoring every success. Looking at it impartially (although I am on record as supporting universal, non-employer-sponsored coverage) the program has a fighting chance to overcome Kathleen Sebelius' incompetence and the Republican opposition machine. It will certainly have unintended consequences: all changes of this magnitude do. The ultimate question will be 2-3 years down the road when we attain full implementation, see the consequences both intended and unintended, and judge for ourselves if this was or was not a societal step forward.Anonymoushttp://www.blogger.com/profile/12327900069847576688noreply@blogger.com0tag:blogger.com,1999:blog-10690613.post-50294125130262718882013-12-10T12:23:00.000-06:002013-12-10T12:23:36.076-06:00What Does It Really Mean to Be in a Right to Work State?In a Right to Work state an employee's employment is at the will or whim of the employer unless there is a contract such as an individual Employment Agreement or a union Collective Bargaining Agreement. That is technically correct, but widely misunderstood in its practical application.<br />
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Among my liberal friends this is a controversial topic. The idea that in a Right to Work state an employee can be fired for any reason at any time is unconscionable and violates the dignity of the worker. For my conservative friends who run businesses there is no controversy: they believe the law entitles them to make any decision they choose. Both are wrong.<br />
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At the heart of this misunderstanding is one huge exception to Right to Work: <i>it does not apply to state or federal discrimination or harassment laws</i>. These laws <i>are</i> the majority of risk in employment. While retaining or terminating an employee may be at the complete discretion of the employer, if that discretion is abused such that the employee is discriminated against based upon some protected class status then the employee has full recourse through state or federal agencies and through the courts. <br />
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If you are employed in a Right to Work state you have the same rights regarding equal treatment under state and federal anti-discrimination law as you would in any other state. If you employ or supervise people in one of these states you have about as much protection under Right to Work as if you rolled yourself in bubble wrap and jumped off a bridge. <br />
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When making employment decisions I would advise you the same way I advise my clients: to have an Employee Handbook, follow it, and never let Right to Work enter into your thinking. The real definition of Right to Work: "A false sense of security that causes you to write large checks."Anonymoushttp://www.blogger.com/profile/12327900069847576688noreply@blogger.com0tag:blogger.com,1999:blog-10690613.post-1719991922355638932013-10-23T18:18:00.000-05:002013-10-24T00:15:01.033-05:00What Constitutes a Hostile Work EnvironmentThere is probably no more misused term or misunderstood concept in most workforces than "hostile environment". For a whole generation of workers this term has become synonymous with harsh supervisors or rude co-workers. Legally that is just dead wrong. Often complaints come in to HR departments using the "hostile environment" term as a hot-button to spur action against the offending supervisor or co-worker. It is the hollow "gotcha" of employee complaints.<br />
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So here's the problem: <i>there is no law against being an awful boss or a toxic co-worker unless the harassing behavior is based upon some protected class status. </i>A friend of mine is a great labor lawyer in Nashville who coined "The SOB Defense" which goes something like this: "Yes, Your Honor, my client is a Son of a Bitch...to young, old, black, white, male, female, Jew, Gentile, and everyone in between." In other words, as long as you are a jerk to everybody then being a jerk is not illegal.<br />
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An exception to this concept is <i>sexual</i> harassment: where the hostile environment is made so by unwanted <i>sexual</i> attention or information in the workplace. While <i>technically</i> gender-based, anyone of either gender can find the sexual attention or information unwelcome, so even if everyone is offended it is still harassment.<br />
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So how do you know when an unpleasant environment is a <i>hostile</i> environment?<br />
<ul>
<li>If you are the only person of your demographic in the work group (only woman, only non-white, only person over 40, etc...) and you are the only person experiencing the hostility.</li>
<li>If you and the other people who look like you receive unfavorable treatment but others do not.</li>
<li>If the unpleasant behavior is of a sexual nature.</li>
</ul>
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Otherwise you work for or with a jerk. That stinks, but it isn't illegal. Find another job and walk out with your head held high and your middle finger held higher.</div>
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Anonymoushttp://www.blogger.com/profile/12327900069847576688noreply@blogger.com0tag:blogger.com,1999:blog-10690613.post-12888076326091956472013-09-22T12:08:00.000-05:002013-09-22T12:08:25.798-05:00Tennessee Health Insurance Exchange CoverageOctober 1st is less than two weeks away, and on that date adult U.S. citizens will be able to purchase health insurance from the Insurance Exchanges set up under the Affordable Care Act. If you live in Tennessee, however, it can be confusing as to how you enroll. Here is a quick primer.<br />
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Tennessee, like most Republican-led states, opted not to participate in the Exchange program. There is no financial advantage to non-participation; actually not participating costs the state more money in the long run. However the "anti-Obamacare" fever whipped up by Fox News and conservative talk radio made state participation tantamount to support of Healthcare Reform. No Republican can survive a primary election if they are seen as supporting "Obamacare". Instead these states, Tennessee among them, choose non-participation, which then requires the federal government to set up an Exchange for them. <br />
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Since Tennesseans have to use the <i>federal</i> Exchange program let's look at how you do that.<br />
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The federal program is called the Insurance Marketplace and enrollment is done <a href="https://www.healthcare.gov/marketplace/individual/?gclid=CNiAoOG237kCFShp7AodagQAGQ">on-line</a>. If you try to Google "Tennessee Insurance Exchange" or something similar you will get a page telling you that there is no state Exchange in Tennessee. It is unhelpful in that it does not provide you with a link to the federal site so I am not linking to it here. <br />
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As of today you cannot <i>yet</i> get information from the Insurance Marketplace site regarding plans and premiums. Those are coming October 1st. You <i>can</i> roam the site and get a list of local offices where you can get one-on-one help in reviewing plans and enrolling.<br />
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Finally let's take a quick look at who should, and should not, be concerned about enrollment in the Insurance Marketplace. <br />
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<ul>
<li>If you have health coverage through your employer and are satisfied with it then you do nothing.</li>
<li>If you are covered by benefits through the government, a retirement plan, or the military you should do nothing.</li>
<li>If you have health insurance coverage offered through your employer but can't afford it you should look into Insurance Marketplace coverage. You may qualify, based upon income, for a tax subsidy either instantly or at tax refund time.</li>
<li>If your employer does not offer health coverage then the Insurance Marketplace is for you.</li>
<li>If you are self-employed and have no coverage, or your coverage is expensive, the Insurance Marketplace is for you.</li>
<li>If you or a dependent have a pre-existing condition and have not been able to get coverage in the past, the Insurance Marketplace has guaranteed-issue coverage with no pre-existing exclusions.</li>
</ul>
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Most of the people who are critical and/or screaming about this program are not affected by it. There are even conservative groups in some markets trying to discourage uninsured people from enrolling. Don't get sucked up into the political and philosophical hype: we are all paying for the Affordable Care Act so that 30 million uninsured Americans can have coverage. If you are one of them go enroll. <br />
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<br />Anonymoushttp://www.blogger.com/profile/12327900069847576688noreply@blogger.com0tag:blogger.com,1999:blog-10690613.post-88586830708907282972013-09-17T08:40:00.002-05:002013-09-17T09:10:12.748-05:00Using Travel Company Loyalty ProgramsIf you travel for a living one of the perks of the trade is the ability to keep you "points" from airlines, hotels and rental car companies. These once were a lot more generous than they are now, with almost all of them cutting back on benefits or devaluing their points during the Recession. Once you get elite status and can board early, avoid bag fees, and get free weekend leisure rentals and rooms then losing that status feels punitive. There is always a catch so you need to know the fine print.<br />
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For instance after being Gold and then Platinum with American Airlines I took several trips on Southwest because their fare was lower. I recently got on an American flight and found that I had dropped, without notice, all the way from Platinum to Schmuck in four months. It didn't matter that I had been Gold with them since the 90's: you keep up your segments or board with the last group.<br />
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I had a similar "catch" with Avis. After having a Wizard number since the 90s, and even though I am tracking towards 100-150 rental car days a year, I can't use all the free days I have accumulated to help my daughter on her vacation or for one of the charities with whom I work. As such about half of them will expire.<br />
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So how do you use these programs? Which ones are the best? <br />
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For <b>airlines</b> it depends on where you fly. Searching the web for the best airline loyalty programs four show up at the top of every list in some order: American <i>AAdvantage</i>, Southwest <i>Rapid Rewards</i> , United/Continental <em>Mileage Plus </em>and Delta <i>Skymiles</i>. Since I cover coast-to-coast <i>south</i> of a line between Annapolis and San Francisco my city pairs match up best with American and Southwest. Were I to go into small cities in the south Delta would be better as they are the strongest carrier out of Atlanta Hartsfield airport. However living in Nashville it is cheaper to drive to the places where Delta is strongest. United owns the Midwest, both large and small cities.<br />
<br />
For <b>hotels</b> the top four are Marriott Rewards, Hilton HHonors, Intercontinental (IHG/Holiday Inn), and Starwood. All are strong in major markets so it really depends on whose hotel you like. I prefer the IHG brand for reasons I've written about before. Being diabetic I never need to be without access to a meal or snack, so a full-service Holiday Inn is a safe choice at a price my clients won't protest. Also their hotels are almost all new or refurbished. As a backup I use Hilton HHonors which for the same price offers the Hilton Garden Inn brand. Many of my fellow company travelers use Marriott properties although I find them more expensive on the top-end and with ice-cream laden pantries on the low-end (not good for my dietary needs).<br />
<br />
With rental car companies the ones that get you out the door with the least hassle are Hertz, Avis and National. While you can get great service and great cars through the others, you can kill a half hour at a backed-up counter and who wants that? I think you go with who has the best counter in the most places you travel. For years I had a Hertz #1 Gold membership through Thomas Nelson and Hertz does a great job overall. However regionally I fly to DFW a lot and the Hertz counter there just stinks and has for years. Avis/Budget are one company and are everywhere I fly, and getting elite status with them gives you benefits like swapping out for any car you like and automated check-out with no rental agreement. You get free weekends and discount coupons along the way, but I don't like their restrictions on how you use those rewards. I have contacted Hertz and National to see if they have similar restrictions and may change companies.<br />
<br />
In terms of credit cards I prefer to use a Gold American Express although I have purchased a Southwest Airlines Rapid Rewards Visa. I like my AMEX because I have had it since the 80's and their security and customer service are strong. Most travel sites I have seen list the Southwest Visa as the best card due to the lower interest rate and the accumulation of points towards free Southwest flights. Were I using exclusively American I would use their Citi AAdvantage Card, and were I flying with Delta I would change over to their Delta Skymiles American Express. I use my own AMEX because the points can be used for any purpose: airline tickets, hotel rooms, rental cars, or if your toaster oven goes out.<br />
<br />
Finally, all this assumes that you are not paying for your own travel. Mine is charged to my employer or my clients so participating in these programs costs <i>me</i> very little. The points and perks are just part of my compensation. However if you are a solopreneur paying your own way I would stay away from loyalty programs altogether for these reasons:<br />
<br />
<br />
<ol>
<li>They are no longer rewards programs. They are marketing and alternative revenue stream programs for the benefit of the company, not you.</li>
<li>All require your loyalty to their brand even when their price is higher.</li>
<li>The credit cards cost money to active ($200 for Southwest Visa: $450 for AMEX Platinum) and can carry high interest rates. Mine are 12 -18% even though my credit is excellent.</li>
<li>With most airlines and hotels you can buy-in to their loyalty program if you like their perks. </li>
</ol>
<br />
If you are in business for yourself you are better off to get the lowest interest rate credit card you can find, buy the best value-for-the-dollar airline, hotel and rental car regardless of brand, and put cash instead of points in the bank. Greenbacks never expire and can be used for all destinations. <br />
<br />
<br />Anonymoushttp://www.blogger.com/profile/12327900069847576688noreply@blogger.com2tag:blogger.com,1999:blog-10690613.post-2237715141618268692013-09-13T00:35:00.003-05:002013-09-13T00:35:39.086-05:00The Vocational Revolution: How the Best Jobs of the Next Decade Won't Require CollegeOne way to look at the Great Recession of 2007 - 2012 is that it was one giant comeuppance for about three generations of Americans, mine included. We have been "too good" to do blue collar work and have sent that message to our kids. Now the Starbucks generations are facing a conundrum: long-term unemployment, long-term and low-wage under employment in fast food and retail, or a return to skilled trades.<br />
<br />
Starting in the 1980's college became the only acceptable route to success, and the skilled trades fell out of favor. Working in manufacturing HR during the 1990s I recall the first signs of a critical shortage in tool and die makers and machinists, as more and more people flocked to college rather than vocational schools. We have not turned out enough skilled trades graduates to feed the demand since the 1970's, but off-shoring of manufacturing and delayed retirements reduced demand and lessened or masked the problem. No more.<br />
<br />
In trades all across the country retirements are quickly shrinking the ranks of electricians, plumbers, nurses, tool and die makers, auto technicians and nurses' aids. Increased automation is causing a subsequent increase in the need for computer programmers and systems analysts. At a time when the economy is picking up we are awash in lawyers, marketers and middle managers while factories and construction contractors can't find skilled people unless they train them post-hire. Water, water everywhere and not a drop to drink. This has more recently been referred to as our national "skills gap".<br />
<br />
There are some true victims in this transition:<br />
<br />
<ul>
<li>Greying unskilled assembly workers whose factories have moved on and who lack the technical knowledge to get hired in today's higher-tech trades. </li>
<li>Similarly greying middle managers whose income levels make it difficult to re-tool</li>
<li>"College" graduates from on-line programs who have run up as much as $200,000 in student loans for jobs paying in the 30's and 40's. </li>
<li>New college graduates with white collar degrees that don't qualify them to do anything but be trained post-hire and for whom management track jobs (see middle managers above) no longer exist.</li>
</ul>
<div>
Two venerable business and finance organizations have recently noted this need for more skilled trades. <a href="http://finance.yahoo.com/news/10-of-the-best-jobs-for-the-future-191256480.html">Kiplinger</a>'s list of the best jobs includes almost completely hands-on, value added positions; many of which may or may not require a college degree. <a href="http://www.bls.gov/emp/ep_table_103.htm">Forbes</a> went one step further, listing the fastest growing jobs from the bureau of labor statistics and noting, "These are only unskilled jobs if by unskilled you mean they don't require a college degree." </div>
<br />
<br />
So mamas, its okay to let your babies grow up to be cowboys...and electricians...and sonogram operators...and physical therapists...and elementary school teachers. We've spent the last years trying to raise little Alex P. Keaton's and for our trouble we got high unemployment and two and half generations of people who can't change their own oil. That sound you hear off in the distance is the pendulum swinging back this way.<br />
<br />
<br />
<br />
<br />Anonymoushttp://www.blogger.com/profile/12327900069847576688noreply@blogger.com0tag:blogger.com,1999:blog-10690613.post-50388280911998390972013-09-06T15:18:00.002-05:002013-09-06T15:38:03.910-05:00Obamacare 2013 and 2014: What You Need to Know Now<br />
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</o:p></span><br />
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<span style="color: #474b4e; font-family: "Helvetica","sans-serif"; mso-fareast-font-family: "Times New Roman";">Earlier this year the Department of Health and
Human Services announced a one-year delay in the implementation of key
provision of the Affordable Care Act. Because of the highly politicized nature
of this law there has been much said about the law "falling apart"
and similar comments that would lead some to think that the whole act is on
hold. Nothing could be farther from the actual situation so employers and
employees must know what to do to keep in compliance. This law is already
partially implemented and key provisions roll out this year and next. Here is
where your company should be and what it should be preparing to do if it has 50
or more employees.<o:p></o:p></span></div>
<b style="mso-bidi-font-weight: normal;"><span style="color: #474b4e; font-family: "Helvetica","sans-serif"; mso-fareast-font-family: "Times New Roman";">2013 Changes</span></b><span style="color: #474b4e; font-family: "Helvetica","sans-serif"; mso-fareast-font-family: "Times New Roman";"><o:p></o:p></span><br />
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<span style="color: #474b4e; font-family: "Helvetica","sans-serif"; mso-fareast-font-family: "Times New Roman";">For the current benefits plan year, or for any
plan year beginning during calendar 2013, health plans must execute the
following changes:<o:p></o:p></span></div>
<span style="color: #474b4e; font-family: Symbol; mso-bidi-font-family: Symbol; mso-fareast-font-family: Symbol;">·</span><span style="color: #474b4e; font-family: "Times New Roman","serif"; mso-fareast-font-family: Symbol;"> </span><span style="color: #474b4e; font-family: "Helvetica","sans-serif"; mso-fareast-font-family: "Times New Roman";">Healthcare Flexible
Spending Account (FSA) deductions are now capped at $2,500.<o:p></o:p></span><br />
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<span style="color: #474b4e; font-family: Symbol; mso-bidi-font-family: Symbol; mso-fareast-font-family: Symbol;">·</span><span style="color: #474b4e; font-family: "Times New Roman","serif"; mso-fareast-font-family: Symbol;"> </span><span style="color: #474b4e; font-family: "Helvetica","sans-serif"; mso-fareast-font-family: "Times New Roman";">Women’s preventative
health services now must be covered at 100%.<o:p></o:p></span></div>
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<span style="color: #474b4e; font-family: Symbol; mso-bidi-font-family: Symbol; mso-fareast-font-family: Symbol;">·</span><span style="color: #474b4e; font-family: "Times New Roman","serif"; mso-fareast-font-family: Symbol;"> </span><span style="color: #474b4e; font-family: "Helvetica","sans-serif"; mso-fareast-font-family: "Times New Roman";">Comparative Research
Effectiveness (CRE/PCROI) fees of $1 per covered employee are due.<o:p></o:p></span></div>
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<span style="color: #474b4e; font-family: Symbol; mso-bidi-font-family: Symbol; mso-fareast-font-family: Symbol;">·</span><span style="color: #474b4e; font-family: "Times New Roman","serif"; mso-fareast-font-family: Symbol;"> </span><span style="color: #474b4e; font-family: "Helvetica","sans-serif"; mso-fareast-font-family: "Times New Roman";">Employees must be
notified 60 days in advance if their coverage changes significantly.<o:p></o:p></span></div>
<br />
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<span style="color: #474b4e; font-family: "Helvetica","sans-serif"; mso-fareast-font-family: "Times New Roman";">In addition to these
plan changes, state Insurance Exchanges will be up and running in all 50 states
by January 1, 2014. Open Enrollment for Exchange coverage starts October 1,
2013 for coverage beginning January 1, 2014. It is the employer’s obligation to
notify all employees of the option of Exchange coverage before October 1. A
sample notice or notice template is available from HHS or your broker.<o:p></o:p></span></div>
<br />
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<b style="mso-bidi-font-weight: normal;"><span style="color: #474b4e; font-family: "Helvetica","sans-serif"; mso-fareast-font-family: "Times New Roman";">2014 Changes</span></b><span style="color: #474b4e; font-family: "Helvetica","sans-serif"; mso-fareast-font-family: "Times New Roman";"><o:p></o:p></span></div>
<br />
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<span style="color: #474b4e; font-family: "Helvetica","sans-serif"; mso-fareast-font-family: "Times New Roman";">Prior to 2014 plans were able to designate
themselves as “Grandfathered” or “Non-Grandfathered” for purposes of the Act.
Beginning in 2014 plan changes must be implemented regardless of this status.
These include:<o:p></o:p></span></div>
<span style="color: #474b4e; font-family: Symbol; mso-bidi-font-family: Symbol; mso-fareast-font-family: Symbol;">·</span><span style="color: #474b4e; font-family: "Times New Roman","serif"; mso-fareast-font-family: Symbol;"> </span><span style="color: #474b4e; font-family: "Helvetica","sans-serif"; mso-fareast-font-family: "Times New Roman";">Annual dollar limits
on essential health benefits must be removed from your plan.<o:p></o:p></span><br />
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<span style="color: #474b4e; font-family: Symbol; mso-bidi-font-family: Symbol; mso-fareast-font-family: Symbol;">·</span><span style="color: #474b4e; font-family: "Times New Roman","serif"; mso-fareast-font-family: Symbol;"> </span><span style="color: #474b4e; font-family: "Helvetica","sans-serif"; mso-fareast-font-family: "Times New Roman";">Pre-existing condition
exclusions are also prohibited and must be removed.<o:p></o:p></span></div>
<br />
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<span style="color: #474b4e; font-family: Symbol; mso-bidi-font-family: Symbol; mso-fareast-font-family: Symbol;">·</span><span style="color: #474b4e; font-family: "Times New Roman","serif"; mso-fareast-font-family: Symbol;"> </span><span style="color: #474b4e; font-family: "Helvetica","sans-serif"; mso-fareast-font-family: "Times New Roman";">Child eligibility for
coverage up to age 26 must be included in all plans.<o:p></o:p></span></div>
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<span style="color: #474b4e; font-family: Symbol; mso-bidi-font-family: Symbol; mso-fareast-font-family: Symbol;">·</span><span style="color: #474b4e; font-family: "Times New Roman","serif"; mso-fareast-font-family: Symbol;"> </span><span style="color: #474b4e; font-family: "Helvetica","sans-serif"; mso-fareast-font-family: "Times New Roman";">Eligibility waiting
periods of more than 90 days post-hire are prohibited.<o:p></o:p></span></div>
<br />
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<span style="color: #474b4e; font-family: Symbol; mso-bidi-font-family: Symbol; mso-fareast-font-family: Symbol;">·</span><span style="color: #474b4e; font-family: "Times New Roman","serif"; mso-fareast-font-family: Symbol;"> </span><span style="color: #474b4e; font-family: "Helvetica","sans-serif"; mso-fareast-font-family: "Times New Roman";">Co-payments must be
counted toward the calculation of out-of-pocket maximums.<o:p></o:p></span></div>
<br />
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<span style="color: #474b4e; font-family: Symbol; mso-bidi-font-family: Symbol; mso-fareast-font-family: Symbol;">·</span><span style="color: #474b4e; font-family: "Times New Roman","serif"; mso-fareast-font-family: Symbol;"> </span><span style="color: #474b4e; font-family: "Helvetica","sans-serif"; mso-fareast-font-family: "Times New Roman";">Clinical trials must
be covered.<o:p></o:p></span></div>
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<span style="color: #474b4e; font-family: Symbol; mso-bidi-font-family: Symbol; mso-fareast-font-family: Symbol;">·</span><span style="color: #474b4e; font-family: "Times New Roman","serif"; mso-fareast-font-family: Symbol;"> </span><span style="color: #474b4e; font-family: "Helvetica","sans-serif"; mso-fareast-font-family: "Times New Roman";">CER/PCROI fees
increase to $2 per covered employee.<o:p></o:p></span></div>
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<span style="color: #474b4e; font-family: Symbol; mso-bidi-font-family: Symbol; mso-fareast-font-family: Symbol;">·</span><span style="color: #474b4e; font-family: "Times New Roman","serif"; mso-fareast-font-family: Symbol;"> </span><span style="color: #474b4e; font-family: "Helvetica","sans-serif"; mso-fareast-font-family: "Times New Roman";">Employees must be
provided a Summary of Benefits in plain language<o:p></o:p></span></div>
<br />
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<span style="color: #474b4e; font-family: "Helvetica","sans-serif"; mso-fareast-font-family: "Times New Roman";"><o:p> </o:p></span><span style="color: #474b4e; font-family: "Helvetica","sans-serif"; mso-fareast-font-family: "Times New Roman";">Starting in 2014 and
extending through 2016 a Reinsurance Fee will be assessed to all plans of
roughly $63 per <i style="mso-bidi-font-style: normal;">covered life</i>
(including dependents) to establish the insurance exchanges and stabilize the
private insurance marketplace. Insured plans will most likely see this cost,
paid by their insurer, passed on in their premiums. Self-insured plans must pay
this fee directly.<o:p></o:p></span></div>
<br />
<div class="MsoNormal" style="background: white; line-height: normal; margin: 0in 0in 0pt; text-align: justify;">
<span style="color: #474b4e; font-family: "Helvetica","sans-serif"; mso-fareast-font-family: "Times New Roman";">In addition, with the
state Exchanges up and running, the <i style="mso-bidi-font-style: normal;">Individual</i>
(Employee) Shared Responsibility Mandate takes effective. The impact will be
that all adult citizens must have health insurance. If your employer-provided
insurance is less expensive than Exchange coverage you may experience higher
enrollment in your health plan. <o:p></o:p></span></div>
<br />
<div class="MsoNormal" style="background: white; line-height: normal; margin: 0in 0in 0pt;">
<span style="color: #474b4e; font-family: "Helvetica","sans-serif"; mso-fareast-font-family: "Times New Roman";"><o:p>I</o:p></span><span style="color: #474b4e; font-family: "Helvetica","sans-serif"; mso-fareast-font-family: "Times New Roman";">n 2014 some individuals purchasing Exchange
coverage become eligible for tax credits. These would be given after filing
2014 taxes (during tax season in calendar year 2015). Employees are eligible
for credits if (1) they make less than 400% of the Federal Poverty Level and
(2) the coverage offered by their employer’s health plan is not affordable as
defined by the Act. <br />
<br />
As I travel around I hear conservative talk radio claiming the law is
"falling apart". Some states have it almost fully implemented such as
California, New York and Oregon. There are benefits to employees and employers,
and consequences for non-compliance, so know what you need to do next. I
welcome questions about the ACA on this blog.</span><span style="color: #474b4e; font-family: "Helvetica","sans-serif"; font-size: 12pt; mso-fareast-font-family: "Times New Roman";"><o:p></o:p></span></div>
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<o:p><span style="font-family: Calibri;"> </span></o:p></div>
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Anonymoushttp://www.blogger.com/profile/12327900069847576688noreply@blogger.com0tag:blogger.com,1999:blog-10690613.post-42890081647268609432013-08-30T15:16:00.003-05:002013-08-31T10:29:03.760-05:00Business Travel is Easier NowI am a 70-80% on-the-road consultant with clients from Annapolis to San Diego. I have over 35 clients in 11 states. I did this kind of work in the 90's with 40-50% travel usually involving regular trips to the same half-dozen-or-so destinations. I can say after 9 months on <em>this</em> job that its easier now than it was back then, even though I travel more, because of advances in technology across a number of fronts:<br />
<ul>
<li>Smart Phones</li>
<li>Mobile Computing (Wifi and VPN)</li>
<li>Better Designed Luggage</li>
</ul>
These developments make the travel less lonely and less taxing physically. <br />
<br />
<strong>Phones</strong><br />
I know it isn't news to you that smart phones are a game-changer in society, not just travel or business. But take a moment to consider what we used not that many years ago. I started travelling with one of the first Intel 286 laptops and a <em>pager</em>. This was before the first cellular phones. I was gone from Sunday night to Thursday night every other week and often travelling in Mexico or Canada. For the first two years there were no <em>international </em>pagers, so when I crossed out of the US I could not be reached. Now with Outlook and Facetime on my iPhone my company and family and I can find each other anywhere at any time. I can check email from anywhere as well as chat with friends and family on social media. <br />
<br />
<strong>Mobile Computing</strong><br />
My current employer does not use tablets for travelling ; we use HP <em>Elitebook</em> laptops. So even though we aren't using the slickest Mac or tablet technology, we have VPN access into the company server. Aside from VPN, I travel with an AT&T mobile hot spot. Combined with on-board airplane wifi I have the luxury of being locationally agnostic. I can access the corporate server and research client needs at any location from the side of the road (where I have done video interviews sitting on the trunk of a rental car) to an airplane seat (where I am writing this post). Not having to relocate for work and yet work for anyone in the country is a game changer. That has been the case for IT staff and management for years but now it is literally available to any intellectual property or administrative services career.<br />
<br />
<strong>Luggage</strong><br />
This may not sound like a big deal, but I am almost 20 years older than the last time I did this job. Combine the greying of the skilled workforce with the advancement of women into these types of jobs (not true when I was on the road before), being able to haul your stuff around injury-free is a big deal. The developments with the most benefit are spinner carry-ons, large spinner suitecases, and "mobile office" bags. Spinners do not require you to support part of the weight of your bags; rather you just push it forward. The wheels on the major label bags are high-quality and smooth. You can turn a spinner carry-on sideways and push it down the airplane aisle to your seat rather than bumping along between rows or carrying it. Large spinner suitcases with pop-up handles can be used to stack your small bags on top and push the stack as one item. Mobile office bags like the one I use roll with a long telescopic handle and allow you to move freely. Once my other bags are checked I never have to pick it up. It stores under the seat in front of me and has a strap where it stacks securely on top of my suitcase.<br />
<br />
With these advancements a guy in his 50's with orthopedic issues can never stop moving and yet stay injury free. With Skype and Facetime my wife and I have a video chat every night instead of me going dark in some foreign country for 2-3 days at a time. With social media I have conversations with multiple friends daily. My next experiment will be having my "home" office days in remote locations. Why do they have to be in Nashville? They could just as easily be on a beach or a mountain somewhere. It is only the desire to <em>be</em> home that requires me to ever <em>go</em> home for office days.<br />
<br />
I may eventually get tired of this, but I predict that it will take years. Right now "not" going into an office and "not" supervising people is sweet.<br />
<br />
<br />
<br />
<br />
<br />Anonymoushttp://www.blogger.com/profile/12327900069847576688noreply@blogger.com0tag:blogger.com,1999:blog-10690613.post-12919795265759208392013-07-23T21:51:00.000-05:002013-07-23T21:51:20.620-05:00Travel Tip: Southwest Airlines is for RegionalsAfter eight months in this job I have gotten to know several people in this company and others who do what I do. They may be in Sales, Marketing, Nurse Consulting or whatever field, but one thing they have in common is that they travel all the time. The other thing they have in common is that Southwest is their airline of choice. Why? Change Fees! <br />
<br />
Southwest advertises heavily that they don't charge bag fees. However most professional travelers rarely check luggage so that doesn't affect our expenses. What really does hit our companies' pockets is the $150 per change fee that every other airline imposes if you change after your trip is ticketed. <br />
<br />
In order to keep our expenses (and that of our clients) low we need to book as far in advance as possible. However you never know what is going to come up and it is not unusual to change 30 - 50% of your travel arrangements post-ticketing. The last time I tried to fly American for one project I had three $150 change fees on a $540 ticket. The changes were unavoidable and the charges, almost equal to the original ticket price, were nuts.<br />
<br />
As far as the downside of Southwest, the waiting in line, getting a high number and a middle seat, etc.. there are strategies you can use.<br />
<br />
1. Download the SWA App for your phone and check in on-line 24 hours in advance of your flight. You will almost never get a high number. <br />
2. Set an iPhone or Outlook alarm 24 hours in advance of your flight so you can be one of the first to check in and you won't forget to check in.<br />
3. But things happen and sometimes you don't remember. SWA reserves A 1-15 for its Business Select customers. If all of those aren't used and the plane isn't full you can pay $40 and buy up to one of those positions at the gate. <br />
4. You can check on-line and see what the upgrade to Business Select would cost and consider biting the bullet. For one trip it was under $100. For my current trip it was over $800 so I set my Outlook alarm and checked in on my App. I was B15 flying out on a very inexpensive ticket.<br />
<br />
Do what you want, but these Regionals I've met can't all be wrong. Anonymoushttp://www.blogger.com/profile/12327900069847576688noreply@blogger.com0tag:blogger.com,1999:blog-10690613.post-77082479908603902662013-07-21T20:16:00.000-05:002013-07-21T20:16:51.490-05:00Travel Tip: IHG Rewards ClubFor years I have been a frequent customer of the Holiday Inn brand of hotels. Now before you turn up your nose know this: almost all their properties have been remodeled. There are still some terrible ones (Louisville - North in Clarksville IN) but by and large everything from the Express to the Crowne Plazas are newly constructed or renovated in the last five years.<br />
<br />
But that isn't my point.<br />
<br />
These are owned by <a href="http://www.ihg.com/hotels/us/en/reservation?sicreative=24938223428&sicontent=0&sitrackingid=288821891&siclientid=6378">International Hotel Group</a> or IHG. IHG appears to be moving their customer loyalty programs into one branded Rewards Club and because they have nine brands there is enough critical mass to staff a 24-hour, 7-day per week customer line. So as a Holiday Inn Priority Club member I can call and get a live person anytime.<br />
<br />
And what does said live person do?<br />
<br />
They find hotels nearby and make reservations for you on the spot.<br />
<br />
Several times I have ended up in a city only to find that the travel office or the client has failed to properly make my reservations. Sometimes I am booked into a community guest room with a twin bed (which if you've met me you know won't work), or my reservation was for last week, or next week, etc... I call my Priority Club 800 number, give the operator my address, and ask them for a property with a vacancy nearby and the rate. I get options over the phone in less than 30 seconds, approve the reservation, and they use my credit card on-file. <br />
<br />
I have been a Marriott member, and am currently a Hilton Honors member. Neither of them have this service. If you travel a lot like I do, get yourself a Priority Club or IHG Rewards Club account. It will save you some midnight when your plane lands and you have no room.Anonymoushttp://www.blogger.com/profile/12327900069847576688noreply@blogger.com0tag:blogger.com,1999:blog-10690613.post-56240185580957743802013-07-16T16:45:00.002-05:002013-07-16T16:45:20.038-05:00George Zimmerman and the "Low Ready" SolutionThis is off-topic for me; it has nothing to do with HR. It does have to do with a passionate belief of mine: that people have the right to protect themselves and their loved ones from harm. The exercise of that right, I believe, should include the measured and rational use of guns. In exercising this right I have received Conceal and Carry training and permits in two states. <br />
<br />
Believing as I do in the Conceal and Carry program, the Treyvon Martin case in Florida has grieved me considerably. It highlighted to the nation, and to the delight of gun control advocates, the exceptionally rare occasion of a permit holder being involved in an unwise use of their weapon. Permit holders are the most law abiding of citizens and almost never engage in an unjustified shooting. You could argue all day over whether the Martin shooting was or wasn't justified; people who go on about this all-day have no good information and just add their own prejudices about race and guns to the noise. That is not significant to my point.<br />
<br />
What <em>is</em> significant is that George Zimmerman apparently did not follow Conceal and Carry protocol in the moments leading up to the shooting. Use of the "low ready" protocol might have prevented this loss of life.<br />
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For those of you who have not been through one of these programs, here is a quick primer. There are typically three positions for your weapon: <br />
<br />
<ul>
<li>holstered</li>
<li>low-ready</li>
<li>ready</li>
</ul>
The holstered position is obvious: in your holster and concealed, safety on, hands off the weapon. The ready position is also fairly obvious: weapon un-holstered, both hands on the weapon, safety off, finger on the trigger with the gun pointed at the threat. This is used <em>only</em> in response to an <em>immediate</em> and <em>identified</em> threat.<br />
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The low ready position is the transition point between the other two and the opportunity to prevent problems. It is weapon un-holstered, both hands on the grip in firing position, weapon in front of you and pointed down to the ground at about a 45 degree angle, safety off but trigger finger on the side of the barrel.<br />
<br />
This position is extremely important. It allows the potential shooter to assess the tactical and legal situation in front of them. <br />
<br />
<ul>
<li>Is the threat identifiable to a high degree of certainty?</li>
<li>Is there anyone behind the target who could be hit by a missed shot?</li>
<li>Is the threat immediate?</li>
</ul>
Low ready provides both the potential shooter and the threat the opportunity the make good decisions. It provides the threat with visual information that the potential shooter is armed. It also provides the potential shooter with an opportunity to verbally warn the threat not to advance toward them further. It arguably protects the potential shooter against a charge of Assault with a Deadly Weapon, because the weapon is never pointed at the potential threat. <br />
<br />
In most cases, low ready presentation causes the threat to retreat and any bystanders the opportunity to move to safety.<br />
<br />
So now let's plug this information into the Zimmerman/Martin shooting. First of all, the police dispatcher told Zimmerman not to follow Martin. It is always a good idea to accept police instructions and Zimmerman, according to what I saw of the trial, did not. Then once out of the car Zimmerman did not pull his weapon until engaged in a fight. At some point in the altercation it is reasonable to assume that pulling the weapon into low-ready would have afforded Martin, armed only with an Arizona Tea and bag of skittles, the opportunity to retreat.<br />
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This is what permit holders are supposed to do: avoid a threat, but then warn the threat ahead of eminent danger with low-ready presentation, then retreat to safety, or discharge their weapon, depending upon the actions of the threat. That Zimmerman failed to follow this protocol may have led to Martin's death: we weren't there so we don't know for sure. But in case you are ever in such a situation, or in case you just think all permit holders have John Wayne delusions of masculinity, maybe this information will prove to be useful.<br />
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Anonymoushttp://www.blogger.com/profile/12327900069847576688noreply@blogger.com0tag:blogger.com,1999:blog-10690613.post-14631349607043487912013-07-03T07:16:00.000-05:002013-07-03T07:17:41.886-05:00The Healthcare Reform Delay: What it Means for YouYesterday's <a href="http://www.nytimes.com/2013/07/03/us/politics/obama-administration-to-delay-health-law-requirement-until-2015.html?exprod=myyahoo&_r=0">announcement </a>by the administration, combined by a new approach by Congressional Republicans, changed the game completely for Healthcare Reform (HCR). The White House, almost without warning to anyone, delayed by one year the key provision requiring employers to provide affordable coverage to all full-time employees (defined as 30 hours per week or more) or pay a fine. It was to take effect January 1, 2014 and now has been delayed until that same date in 2015.<br />
<br />
Most of the heat around implementation was coming from the law's quirky definition of a full-time employee. The issues are:<br />
<br />
<ul>
<li>The definition of full-time as 30 hours is at odds with the Wage and Hour definition for purposes of calculating overtime at 40 hours.</li>
<li>The definition only applies to medical coverage, leaving benefits administrators a choice to administer coverage differently for medical or adopt the extra expense of changing eligibility rules for dental, vision, etc...</li>
<li>The 30-hour rule is not for hours worked as with Wage and Hour: it is 30 hours <u><i>paid</i></u>, meaning that all forms of paid time off (vacation, sick, PTO, jury duty, paid leave of absence, etc...) had to be rolled into the calculation, thus requiring that complicated reports be written.</li>
<li>In the guidelines from the government I have yet to see a definitive set of criteria for these reports: every company was making their own and faced IRS penalties if they did them wrong and denied coverage to a legally-eligible employee.</li>
</ul>
<br />
Because the counting period for the calculation of 30 hours per week required a six-month look-back period, businesses were already having to start writing and running hours-worked reports for part-time staff. July 1 was the start of the first pay period where reporting should be run if businesses, some already starting their FY 2014 budget cycles, wanted to know the number of newly eligible employees for next year. <br />
<br />
Meanwhile Congressional Republicans yesterday introduced bills to redefine the minimum number of employees required for a company to have to comply with the Act, from 50 to 100, and a redefinition of a full-time employee. It signals a new approach in their opposition of the law: from grandstanding bills to repeal it (even when they knew they didn't have the votes) to a strategy of chipping away at its key provisions. <br />
<br />
The White House's delay combined with the GOP's new strategy puts a whole new set of variables into the HCR situation. It will almost certainly remain law and be implemented, but there is now enough uncertainty that businesses should adopt a wait-and-see attitude on changing eligibility rules and offering benefits to employees not currently covered.<br />
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As for individuals, nothing in these changes alters the implementation of Insurance Exchanges in each State. In states which agreed to run their own, those are coming October 1st: in those that did not the federal government is supposed to have those running by January 1, 2014. How "affordable" that coverage will be remains to be seen, but since it is guaranteed issue it will still benefit those who cannot obtain coverage elsewhere.Anonymoushttp://www.blogger.com/profile/12327900069847576688noreply@blogger.com0tag:blogger.com,1999:blog-10690613.post-3844049286410022072013-06-30T08:18:00.000-05:002013-06-30T08:18:11.151-05:00How To Administer Benefits to Same-Sex and Cohabitating PartnersThis week the Supreme Court <a href="http://nbcpolitics.nbcnews.com/_news/2013/06/26/19151971-supreme-court-strikes-down-defense-of-marriage-act-paves-way-for-gay-marriage-to-resume-in-california?lite">struck down</a> a key provision in the Defense of Marriage Act, essentially clearing the way for same-sex marriages in states where those are allowed. For Group Benefits Administrators in plans that only cover spouses in traditional marriages this presents a complex set of problems. <br />
<br />
Consider for a moment that only <a href="http://en.wikipedia.org/wiki/Same-sex_marriage_in_the_United_States">13 states</a> recognize same-sex marriages while the rest do not. Add to that some states, such as Illinois, that don't allow same-sex <i>marriage</i> but <i>do</i> recognize domestic partnerships. If an employer covers employees in multiple states but still only covers "spouses" under the traditional definition the complexity and potential for legal challenge is huge.<br />
<br />
Now add to that the growing phenomenon, especially among younger workers, of <a href="http://www.nbcnews.com/health/new-normal-cohabitation-rise-study-finds-1C9208429">cohabitating opposite-sex couples</a> with or without children. While it may be practical administratively to draw the line at the marriage license ("we cover married couples but not unmarried ones"), the end result works against the purpose of a group benefits plan: to attract and retain good talent. Having similarly situated employees working side-by-side but extending insurance coverage to this one, but not that one, introduces unfairness and resentment into the workplace.<br />
<br />
There is a simple and elegant two-part solution to this problem:<br />
<br />
1. Extend benefits to Domestic partners, married or not.<br />
2. Use a "<a href="http://www.fin.ucar.edu/forms/HR/commonlaw_form/affidavit_commonlaw.pdf">Declaration of Common Law Marriage</a>" form to document eligibility for any non-married partner.<br />
<br />
I first came across the "Declaration" form in El Paso, Texas in the 1990's. State law there requires that common law spouses and the children of common law marriages be eligible for employer benefits. Now remember, this is Texas, not a bastion of liberal thinking and one of the more religious states in our nation. This methodology has been in use there over 30 years and the world didn't end. You can also find a similar form on the Web commonly used in Canada.<br />
<br />
Now I can hear the protests:<br />
<br />
<ol>
<li>"This promotes gay/lesbian/shacking-up behavior!"</li>
<li>"This increases businesses cost of employee benefits!"</li>
<li>"This is another step on the slipper slope!"</li>
</ol>
<div>
To this I would simply respond that those are social and religious arguments and complaints about where society is heading. That is not the purpose of this post. If you are an HR and/or Benefits professional you have to go into the office Monday and figure out how to legally and defensibly offer benefits that attract and retain top talent. Use what is written above to do that: I leave the rest to the politicians and culture warriors. </div>
Anonymoushttp://www.blogger.com/profile/12327900069847576688noreply@blogger.com0tag:blogger.com,1999:blog-10690613.post-26071736134816551522013-06-16T11:45:00.001-05:002013-06-16T11:45:34.564-05:00Are You Saving Enough to Retire?I have written <a href="http://www.blogger.com/blogger.g?blogID=10690613#editor/target=post;postID=551212973806962372;onPublishedMenu=allposts;onClosedMenu=allposts;postNum=0;src=postname">before</a> on the subject of retirement savings estimates. So many of the calculators put out by investment firms are scare tactics designed to help market their products. Today via a New York Times article I came across the non-profit Employee Benefits Research Institute and their <a href="http://www.choosetosave.org/">calculator</a>. I recommend it highly. Similar instruments from investment houses tell me I have 19 - 20% of what I need for retirement already saved. This calculator shows 47%, and this with 20 years left before my intended retirement date.<br />
<br />
I don't recommend this calculator because it is telling me something I want to hear: I am recommending it because the organization behind it is not trying to sell us anything. That gives it great credibility in my eyes.<br />
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Of course no calculator can take into account other non-investment events or strategies you can use to prepare. Moving to a smaller house, moving to a smaller town with a less-expensive real estate market, inheritance from parents, appreciation of the value of your tangible assets such as your home, etc... You should consider all such options when making your plan.The main message, as in prior posts, is to clearly see your "gap" between current assets and what you'll need; then put together a practical plan to close that gap. <br />
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We will be the first generation in modern history to try and retire without a defined pension plans, as 401(k) plans did not exist before the mid 1970's and companies did not do away with their pensions in large numbers until the early 1980's. You need to recognize the need and make a plan, but not throw up your hands and give up because some investment company calculator said you needed to save $2million in the next 20 years.<br />
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<br />Anonymoushttp://www.blogger.com/profile/12327900069847576688noreply@blogger.com1tag:blogger.com,1999:blog-10690613.post-67737772227913115632013-06-12T23:29:00.000-05:002013-06-12T23:29:15.686-05:00How to Legally Use Criminal Background ChecksThis week the EEOC filed suit against Nashville's own Dollar General as well as BMW over the use of criminal background checks. The comments I have read on-line about this move test the bounds of ignorance even for on-line comments. What the EEOC wants employers to do is what departments I run have done for years. It really isn't that complicated.<br />
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The EEOC is concerned with an overreach and/or misapplication of background screens to the point that they exclude non-white minorities at a disproportionate rate. This is a valid concern, as non-whites are arrested and convicted at a higher frequency than whites. The EEOC's complaints primarily center around using arrest records rather than convictions, going back too many years, and having a blanket policy that excludes criminal histories that have no bearing on the job sought by the applicant.<br />
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In April the EEOC issued <a href="http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm">guidance </a>on how to legally apply background checks. In case you don't want to wade through all this I can give it to you in a few simple steps.<br />
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1. <u>Do not have a policy that any criminal history disqualifies a candidate</u>. Now before you think me permissive (that is not my reputation at all), think about this. Some offenses are minor in nature, or completely unrelated to work performance such as offenses arising from domestic disputes. I once had an applicant who as a 20 year old found out that her boyfriend was actually married and had not told her. She got liquored-up and used her car to mow-down his white picket fence and mailbox so as to announce their affair to his wife. The fence was valuable enough to be a felony destruction of property and the mailbox was, you guessed it, a federal offense. Under many companies' policies she would have been unemployable and that is ridiculous.<br />
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2. <u>Set your hiring criteria as "Management Discretion.</u>" Use all information gathered to inform your discretion, but have no disqualifiers unless state law requires it (think health care and Office of Inspector General Disqualified Persons checks as such as exception).<br />
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3. <u>Use grace and discretion</u>. Was the offense last year or 10 years ago? Was the individual grown at the time, or in college or otherwise immature? An offense committed the same number of years ago but by a 17 year old or a 37 year old makes a difference. <br />
<br />
4. <u>Consider the job</u>. If an Accountant has a DUI history but a desk job they are probably okay to hire. If a truck driver or Nursing Home Van Driver has the same history they should be disqualified.<br />
<br />
5. <u>Give the applicant and chance to respond</u>. One of the EEO complaints against Dollar General was that they allegedly had an applicant disqualified because of erroneous criminal background history. Many people have the same name, and background checks are not an exact science. First make sure that the applicant confirms that the criminal history does indeed belong to them. If not you can re-run the check. If they do admit that it is theirs you have taken a verification step that argues against a theory of discrimination.<br />
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My guidelines were always that theft and violence were disqualifiers unless the offense happened a <i>very</i> long time ago. That applied doubly for violence against women. I could never bring myself to hire someone who was a threat to the assets or workforce. Short of that I am open to hearing the applicant's side of the story while always mindful to protect the legitimate interests of my employer.<br />
<br />
That is what the EEOC wants employers to do. I have done it for years as have departments I have led. It isn't that hard, it is perfectly legal, and it also morally the right thing to do. A mistake made due to youth, alcohol or impetuosity should not keep good people from making a living. Anonymoushttp://www.blogger.com/profile/12327900069847576688noreply@blogger.com0tag:blogger.com,1999:blog-10690613.post-64387083158157580152013-05-11T23:32:00.002-05:002013-05-12T13:20:58.345-05:00Five Reasons Why You Should Hire Someone Just Released from Thomas NelsonThis past Friday was "it" for some really good people in the Service and Ops departments of Thomas Nelson.While this is certainly not the first or the last reduction happening in the wake of the Harper purchase of Nelson, it is one of the more significant. If you own a business, manage a business unit for someone else, or know someone who is hiring you should grab one or more of these folks and soon. Here is why:<br />
<br />
1. <u>This is a shut down of whole departments, not a "thinning of the herd"</u>- Harper has an operations center in Scranton, PA and is shutting down some Nashville support departments.<br />
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2. <u>These people have been carefully vetted prior to Harper's acquisition </u>- During the recession years we executed 6 rounds of staff reductions across all divisions. Since then the organization has done little hiring in support areas. Each of the people being released this week were reviewed multiple times and deemed to be the strongest players.<br />
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3. <u>These people could have found jobs elsewhere before now but did not want to leave</u> - Thomas Nelson was a special place to work. Most of these people have been with the company 20 - 35 years; this was their family and they had hoped to find other positions right up to the time they left.<br />
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4. <u>They all still worked</u> - We ran a lean service and ops group and there was no place on board for slackers. Nobody you interview from this group will have been retired on active duty, even after 35 years.<br />
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5. <u>They are good "people"</u> - Part of the vetting process both in annual reviews and reductions in force was <i>congruence with Nelson's Core Values</i>. You can't do better in terms of hiring solid citizens who will never embarrass your business.<br />
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<b><i>Please help distribute this post around Nashville. </i></b> Depending upon which social media outlet you find this post, "like", "retweet", "comment" or send up a smoke signal to your followers. Everyone who needs to hire good people should know that they have a rare opportunity to pick up people who should not be on the market were it not for this merger.Anonymoushttp://www.blogger.com/profile/12327900069847576688noreply@blogger.com1tag:blogger.com,1999:blog-10690613.post-25493676056538262242013-04-28T21:21:00.002-05:002013-04-28T21:21:57.630-05:00Employer Property Rights vs Human RightsTwo conflicts of employer property rights vs the rights of employees have come up in different places, but with similar questions of priority and principle. In both cases employers have taken what is a legally and morally untenable position that their right to control their property is a superior consideration to the rights of their employees while on that property.<br />
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In Tennessee the "Guns in Trunks" bill makes it illegal for an employer to terminate or discipline a state-licensed Conceal and Carry permit holder for keeping a gun in their vehicle on company property. The essence of the law is that the permit holder's right of self defense should not be compromised <i>throughout the entire day</i>, nor their job endangered, because they spend part of that day on the property of an employer with a no-guns policy. The Tennessee Chamber of Commerce and gun-control advocates have opposed the law on the basis of safety.<br />
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Those policies, just so you know, have exceptionally little to do with safety: they are about liability protection for the employer. I've written several handbooks and you can trust me on this.<br />
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The other property rights issue comes out of my Church, as the United States Council of Catholic Bishops (USCCB) opposes the Health Care Reform law's contraceptive mandate. They have chosen to fight the law in court, not just based upon religious conscience, but on the basis of private property rights. Their theory is that Catholic workplaces such as hospitals, schools, and clinics, are private property. It is, in their view, an offense against religious liberty that <i>their</i> funds on <i>their</i> property have to fund something they find to be morally wrong.<br />
<br />
The problem is that these institutions (1) are open to the public and (2) hire non-Catholic employees and (3) take federal Medicare and Medicaid reimbursements drawn largely from non-Catholic taxpayers. How you apply controls assigned to "private property" to those facilities and circumstances is anyone's guess.<br />
<br />
To believe the claims in either of these examples is to accept the position that a landowner's right to control his or her own property extends to an ability to control the <i><u>non-work personal conduct of all who set foot on that property.</u></i> As an employer that is clearly and overreach. In the case of the USCCB, accepting their position extends their right of control past their property lines and into the private reproductive choices of their employees. <br />
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<i>Just for clarity, stepping away from the employer/employee context momentarily, I would totally support the USCCB if those facilities accepted no public funds and hired only Catholics. Once you step into the public arena and accept public funds the rules change.</i><br />
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People are more important than property. As such individual rights should always trump property rights, lest the individual become on the level with and synonymous with property. As these conflicts wind their way through courts and legislatures, look for the law to eventually uphold that concept. The alternative is a plantation mentality that is contrary to our American ideals.Anonymoushttp://www.blogger.com/profile/12327900069847576688noreply@blogger.com0tag:blogger.com,1999:blog-10690613.post-42344380333748645942013-04-24T21:52:00.001-05:002013-04-24T21:52:42.188-05:00New Post: Four Reasons Why You Don't Have to Hire Medical Marijuana UsersMedical marijuana is now legal in <a href="http://medicalmarijuana.procon.org/view.resource.php?resourceID=000881">18 states and the District of Columbia</a>. As these states proliferate the number of doctors willing to write such prescriptions and the sources for medical marijuana grow. Inevitably users with valid prescriptions are starting to show up in the applicant pool of your workplace. <br />
<br />
It is not unusual in one of these states to get an applicant who fails a pre-employment drug test. As is standard procedure, the Medical Review Officer of the drug testing company or the HR professional asks the applicant to explain, and hears that they have a valid prescription. Then my phone rings...<br />
<br />
"Do I have to hire this person?" is the usual question I get. The answer is simple: "NO!" Here is why:<br />
<br />
1. <u>Marijuana is still an illegal drug</u> - There is misalignment between the federal and state governments on this matter, but regardless of the state statutes marijuana is still illegal under federal law. Your policy against "illegal drugs" still holds even if your state disagrees and the applicant has a valid prescription.<br />
<br />
2. <u>Your safety policies apply</u> - The effects of marijuana include slower reaction time and impaired judgement. Whether the jobs you have are medical care-giving or operating heavy machinery, being under the influence of this drug makes the work unsafe for the employee and/or others.<br />
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3. <u>Your policy against being impaired by a legally prescribed drug applies</u> - If 1 and 2 above don't work for you, let us assume that your applicant <i>is </i>right and that their prescription is valid and legal and makes them eligible for hire. Most companies have policies that forbid employees taking <i>legal prescription drugs</i> from working <i>if that drug impairs them</i>. Think about a strong cough syrup containing codeine or strong pain medication following a traffic accident. Even if the marijuana prescription is legal and valid its effects put the user under your legal drug impairment policy and unable to work.<br />
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4. <u>These aren't the people you want to hire</u> - Lets face it: medical marijuana is massive work-around where the laws on the books haven't caught up with societal attitudes. Medical marijuana started out as "compassionate use" exceptions for cancer patients needing relief from chemotherapy side-effects. More and more I see applicants whose prescriptions are for "anxiety" or some other diagnosis by exclusion. The vast majority of medical marijuana prescriptions go to recreational drug users.<br />
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With all the good unemployed or underemployed people out there you can do better with your hiring.<br />
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<br />Anonymoushttp://www.blogger.com/profile/12327900069847576688noreply@blogger.com0