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Reasonable Accommodation Does Not Entitle Disabled Worker to Position Held by Temp, Circuit Rules - ELINFONET.com - July 1, 2010
The duty to reasonably accommodate a disabled employee under the Americans with Disabilities Act did not require an employer to reassign the employee to a position filled by a temporary-contract worker because that position was not “vacant,” as the ADA contemplates, the federal appeals court in Denver has held. Duvall v. Georgia-Pacific Consumer Products, L.P., No. 08-7096 (10th Cir. June 9, 2010). According to the Court, a “vacant” position under the ADA is one that would be available for a similarly-situated non-disabled employee to apply for and obtain. Because the employee could not establish that non-disabled workers could apply for and fill positions held by temporary contract workers, the Court affirmed summary judgment in the employer’s favor.

Podcast No. 13: Interpreting The New DOL Interpretation Of "In Loco Parentis" - ELINFONET.com - July 1, 2010
On June 22 the U.S. Department of Labor issued its first Administrator Interpretation under the FMLA, "clarifying" how the FMLA applies to requests for leave by those who provide care for a child without a biological or legal relationship to the child. In this month's podcast, we explain what's new in this interpretation, what isn't, and what it means for employers.

Employer Has No Duty to Accommodate "Stressed" and "Anxious" Employee, Federal Appeals Court Rules. - ELINFONET.com - July 1, 2010
An employee who fails to reveal to his employer that he was under treatment for depression has no claim under the Family and Medical Leave Act when he is fired for excessive absenteeism, the federal appeals court in St. Louis has ruled. Kobus v. The College of St. Scholastica, Inc., No. 09-1583 (8th Cir. June 21, 2010). The Court also ruled that the employee has no claim under the Americans with Disability Act or the Minnesota Human Rights Act for a failure to reasonably accommodate his disability when he did not inform the employer that an accommodation was needed.

Workers Sue for Pay for Time Spent Changing - HR.BLR - July 1, 2010
(7/1) Workers at several Tyson Foods chicken plants in Georgia sued their employer, claiming that Tyson should pay them for time spent donning, removing, and sanitizing required safety gear.

Does Social Networking Impact Work? Survey Reports - HR.BLR - July 1, 2010
(7/1) Social media sites are becoming some of the most heavily trafficked sites on the internet, including in the workplace, according to a recent poll. The survey, conducted by Right Management, gathered data from over 1,000 respondents concerning employee use of social networking sites during work hours.

5 Things the Director Of OFCCP Wants You To Know - HR.BLR - July 1, 2010
(7/1) What would Patricia Shiu, director of the Office of Federal Contract Compliance Programs (OFCCP) like contractors to know about OFCCP?s strategic plan for 2010 through 2016?

Tap the Power of Internal Training - About.com - June 30, 2010
After leaving education, my home base was in training for a few years so the topic remains near and dear to me. Plus, I still do training from time to time and enjoy speaking to groups as well. So, periodically, I revamp my training materials....Read Full Post

OSHA Gets Serious with Severe Violator Initiative. - ELINFONET.com - June 30, 2010
The Occupational Safety and Health Administration (OSHA) is amplifying its enforcement of the Occupational Safety and Health (OSH) Act and substantially increasing penalties for employers who violate its provisions. Not only will the new initiatives broaden the reach of the OSH Act, but employers who are or have previously been in contravention of the Act will be subject to much higher, publicized penalties, as well as continued compliance inspections of that workplace and all related employer worksites

Summer Supreme Court Match-Up: Employees Are In the Lead. - ELINFONET.com - June 30, 2010
The Supreme Court has decided several employer/employee match-ups on matters as diverse as Title VII, ERISA, and the National Labor Relations Act. The winner thus far? Employees, with a clear victory in two of the cases (and a draw in the third).

Social Networking Sites and Discovery -- A Double-Edged Sword. - ELINFONET.com - June 30, 2010
The advent over the past decade of a plethora of social networking sites such as Facebook, MySpace and Twitter has resulted in a potential treasure-trove of discovery for employers defending lawsuits and charges filed by employees. Communications on these websites can often reveal important personal information about employees – including information that may undermine or entirely refute claims. For example, an employee's posts on a social networking site could reveal that her claims of sexual harassment are actually derived from a consensual relationship with a coworker. The information contained on these websites can also be useful in other contexts. It could reveal that an employee has a substance abuse problem, that the employee is defaming the employer or divulging trade secrets, or even that a potential employee has a history of violent behavior.

Is Collective Bargaining On Its Way to the Public Sector? - ELINFONET.com - June 30, 2010
The United States Senate is moving closer to passing new legislation which would mandate union "monopoly bargaining" for state and local public-safety employees. This legislation, known as the Public Safety Employer-Employee Cooperation Act (H.R. 413, S. 3194) (PSEECA), would require nearly all state and local governments to pass legislation to allow collective bargaining with public safety employees (e.g., police, fire and emergency medical personnel) over wages, hours and terms of employment. The Act would allow the Federal Labor Relations Authority to establish mandatory collective bargaining rights for all public safety employees, should a state fail to act.

New Guidance on "Grandfathered Plans". - ELINFONET.com - June 30, 2010
The Internal Revenue Service, along with the Departments of Labor and Health and Human Services, have issued interim final regulations that address at what point changes to a group health plan in existence on March 23, 2010, are significant enough to cause the plan to cease to be a “grandfathered health plan” for purposes of the Patient Protection and Affordable Care Act (the “Act”). Grandfathered plans are exempt from certain insurance market reform provisions of the Act, including requirements related to preventive care, internal and external review, nondiscrimination based on income, choice of providers, emergency care, clinical trials, cost sharing and deductibles, guaranteed issue/renewal, and rating restrictions. However, grandfathered plans are not exempt from requirements related to annual and lifetime limits, dependent coverage to age 26, rescission, pre-existing condition exclusions, waiting periods, employer mandates, and tax provisions.

Much Ado About Little: New FMLA Interpretation Not as Dramatic as it Seems. - ELINFONET.com - June 30, 2010
The U.S. Department of Labor issued last week an interpretation of the definition of “son or daughter” as it applies to an employee standing in loco parentis to a child under the Family and Medical Leave Act. A person in loco parentis does not necessarily have a biological or legal relationship to a child but, as a matter of fact, acts as the child’s parent. This could include, for example, a step-parent who has not adopted his or her step-child but handles the day-to-day activities as if he or she were the parent.

Department of Labor Expands FMLA Leave Rights To Include "Non-Traditional Parents". - ELINFONET.com - June 30, 2010
On June 22nd, the Department of Labor issued an Administrator's Interpretation to clarify the definition of "son or daughter" under the Family and Medical Leave Act (FMLA). The Interpretation effectively expands the definition, and thereby grants leave rights to all individuals providing day-to-day care or financial support to a child, regardless of biological or legal relationships.

DOL Updates Child Labor Laws - HR.BLR - June 30, 2010
(6/30) It's not surprising that the portion of the Fair Labor Standards Act (FLSA)devoted to child laborwould need updating: After all, FLSA was first enacted in 1938. We asked BLR's legal expert on FLSA, Susan Prince, J.D., to review for us highlights of the changes, which are effective July 19.

NLRB Returns to a Five-Member Board - HR.BLR - June 30, 2010
(6/30) Brian Hayes was sworn in Tuesday evening as the fifth member of the National Labor Relations Board (NLRB). Hayes brings the Board to its full five-member group for the first time since December 2007.

$125 Million Awarded In Final Round of Community Based Job Training Grants - HR.BLR - June 30, 2010
(6/30) The U.S. Department of Labor (DOL) awarded $125 million in grants to community colleges and organizations in 26 states. This is the final round of Community-Based Job Training Grant awards.

District Court Clears Way for Implementation of New NMB Rules for Union Elections in Air and Rail Industries. - ELINFONET.com - June 30, 2010
On Monday, June 28, 2010, the U.S. District Court for the District of Columbia issued its full opinion in the lawsuit initially brought by the Air Transport Association (ATA) against the National Mediation Board (NMB or "Board") seeking an injunction to delay and prevent the Board's implementation of a new policy for union elections in the air and rail industries.

Tenth Circuit Holds that Positions Filled By Temporary Workers Are Not Vacant for Purposes of Reassignment Under the ADA, - ELINFONET.com - June 30, 2010
In a case of first impression, the U.S. Court of Appeals for the Tenth Circuit recently considered whether positions filled by temporary contract workers are "vacant" for purposes of reassignment as a reasonable accommodation under the Americans with Disabilities Act (ADA). In Duvall v. Georgia-Pacific Consumer Products, L.P., No. 08-7096 (June 9, 2010), the court held that, because similarly situated nondisabled employees could not apply for or obtain positions filled by temporary contract employees, the employer was not obligated to reassign a disabled employee to such nonvacant positions.

Who’s Watching the Kid? The Department of Labor Expands the FMLA Definition of a Son/Daughter for the Purposes of Child-Related Leaves. - ELINFONET.com - June 30, 2010
The U.S. Department of Labor has greatly expanded the definition of "son/daughter" for purposes of child-related leaves under the Family and Medical Leave Act (FMLA). In doing so, the Obama Administration has opened the door to extending parental leave to many additional employees, including same-sex partners. On June 22, 2010, the Department of Labor (DOL) issued an interpretation letter clarifying the definition of in loco parentis under the FMLA. According to the DOL, in order to qualify for in loco parentis status under the FMLA, an employee need only establish one – not both – of the following elements: (1) he or she provides day-to-day care for the child; or (2) he or she is financially responsible for the child.

Getting Through to the Boss - About.com - June 29, 2010
I'm watching Gordon Ramsey's Kitchen Nightmaresas I write to you today, and he has, once again, identified that the problem with the failing restaurant's success is the owner or manager....Read Full Post

I-9 audits and fines are on the rise (pdf). - ELINFONET.com - June 29, 2010
Is your company prepared for an investigation?

Early Retiree Reinsurance Program Applications Now Being Accepted - HR.BLR - June 29, 2010
(6/29) Applications for the Early Retiree Reinsurance Program (ERRP) are now being accepted, announced the Department of Health and Human Services'Office of Consumer Information and Insurance Oversight (OCIIO).

Hiring Attitudes Towards Veterans, Poll Reveals - HR.BLR - June 29, 2010
(6/29) Translating military experience to work experience is the number one challenge for veterans, a recent poll found. The Society for Human Resource Management (SHRM) conducted the poll, "Employing Military Personnel and Recruiting Veterans?Attitudes and Practices,"and found attitudes that can affect hiring of veterans. However, the poll also indicated positive feedback from employers who had experience managing veteran employees.

Hospitality Industry Draws U.S. Labor Department's Focus. - ELINFONET.com - June 29, 2010
Fisher &Phillips recently participated in a closed-door meeting with U.S. Wage and Hour Division officials in Washington, D.C. to discuss the Labor Department's "Hotel and Motel Resort Pilot Initiative." There appears to be no specific strategy or plan as yet for this investigative program, but it is scheduled to begin in the agency's next fiscal year, which commences on October 1, 2010. It is definite that the Division will target Hospitality employers on two fronts – compliance with both H2B requirements and the Fair Labor Standards Act.

Disability discrimination under the Equality Act 2010 - The Industry Radar - June 28, 2010
The disability provisions of the Equality Act 2010 will have a significant impact on day-to-day working life. We take a detailed look at how the current disability discrimination regime will change when the new provisions come into force. 

Performance Reviews by the Numbers - Wall Street Journal - The Industry Radar - June 28, 2010
Performance Reviews by the Numbers Wall Street Journal based Taleo , which makes performance-management software. "There will always be some degree of subjectivity, but it becomes much harder to hide behind how ...

Survey: Corporate America likes iPhone 4 and iOS 4 - Geek.com - The Industry Radar - June 28, 2010
Survey: Corporate America likes iPhone 4 and iOS 4 Geek.com Mobile software company Sybase, recently acquired by German business software giant SAP , and polling company Zogby International surveyed 2100 employees ... and more »

can I run my business with a 4-day work week? - The Industry Radar - June 28, 2010
A reader writes:As a future employer (I hope!), I have an idea that I've been kicking around in my mind for awhile. I feel that a five-day work week is stifling and that people in general would be happier with a four-day work week at approximately 32 hours a week. However, in my scenario, this would be considered full-time: such employees would qualify for benefits through the company, and the wages (much of the initial staff will be exempt; however, I would apply this to hourly workers as well) would be roughly equivalent to working full-time. I believe in the living wage and it would be important to me to do right by my employees.Is this just pie-in-the-sky thinking? Is it feasible to run a company like that, provided that the CEO is not making $5 million a year (in any for-profit business I owned I would have salary caps, I think, but...

The #SHRM2010 Tweet That Made My Blood Pressure Go Up - The Industry Radar - June 28, 2010
I was following the #SHRM2010 twitter hashtag today and this popped up: Well – Noo. Not to be too rude but…this is a dumb response. Why? Because compensation and incentives are part of engagement. You can’t have one without the other. You can’t focus on engagement unless you take into consideration compensation and incentives. This is why we have so much trouble getting employees engaged. Saying incentives and compensation are less important than engagement is...

The Perils of Setting Incentive Plan Targets: Revisiting Some Rules of Thumb - The Industry Radar - June 28, 2010
Amid the uncertainty we all inherited along with the downturn, the challenges of setting incentive plan targets are even more acute than usual. What constitutes a reasonable target performance level? Are we setting the bar too high ... or too...

The Delicate Art of Being Perfectly Assertive: The 4th Belief of Good Bosses - The Industry Radar - June 28, 2010
I put-up a new post over at HBR this morning, which is the 4th in what will ultimately be 12 Things the Good Bosses Believe. This fourth belief builds on research showing that the best bosses strike the middle ground...

Customer Service: Showing You Care - The Industry Radar - June 28, 2010
I love audible.com. I don't like the way they handle customer service. And they've set things up so I can't tell them, unless they read this post.

Kenexa Puts Its Pieces Together - Human Resource Executive Online - The Industry Radar - June 28, 2010
Kenexa Puts Its Pieces Together Human Resource Executive Online I asked, thinking about the upcoming three-year deadline Taleo has set to do that with its acquired Vurv customers. "Nah," Rudy said, "if they donżt migrate ...

Day 1 at SHRM San Diego: June Gloom, Forbes’ Bad Back, and Member Growth - The Industry Radar - June 28, 2010
If you’ve ever been to a SHRM annual conference and exhibition, you know one thing is true: Day 1 of the conference is as good as it gets. That’s not to say that good stuff doesn’t happen throughout the …

The 2020 Leadership Model for Tomorrow’s Workplace - The Industry Radar - June 28, 2010
By Jeanne C. Meister and Karie Willyerd There are five leadership areas that seem to be emerging as requirements for the leader of the future. The process starts with selecting leaders who have demonstrated a collaborative mind-set and who …

The Power of an HR Audit – The Case For Doing it, and a Checklist to Get it Done - The Industry Radar - June 28, 2010
Conducting an internal audit may not top the list of things HR professionals look forward to doing, but the importance of reviewing HR practices should not be understated or ignored. Simply put, an HR audit can be the savior that keeps your company out of the court room. Think about this: On average, there are more than 450 employment lawsuits [...]

Should I Ask For More Money? - The Industry Radar - June 28, 2010
Dear Evil HR Lady,I accepted a low-ball offer and after I got off the phone I immediately called the HR person back to try to negotiate. I left a message telling them I had some further questions, but they haven't returned my phone call in 4 days.I received the offer letter but haven't signed it yet. Do I have any recourse? Can I try to renegotiate or would that be in bad taste?I have until Friday to go in a sign employment papers. What should I do?Should I ask for more money?

The Future of Learning - The Industry Radar - June 28, 2010
Those of you who read this blog often know that I’m a cyclist and generally a fitness kind of guy.  I’m actually fairly obsessive, and on a recent day entering my daily food and caloric intake into my smart phone, I thought how wonderful it would be if I could record my daily learning experiences in the same way.  Currently my phone is a Motorola Droid, a Google Android based phone because I’m on Verizon and won’t give up their network (which I consider to be better in the cities I commonly travel to).  I use an application called myfatsecret.com, and the calorie counter application allows me to easily search restaurant menus, foods, and even scan packaging barcodes using the camera interface, all of which will automatically enter in calorie counts along with all sorts of other data. The problem with current state learning technologies is that you have specific learning objectives, participate in learning experiences whatever they may be, and record them.  This is indeed a good way to track formal learning ...

You Need a Cell Phone Policy - About.com - June 28, 2010
In Michigan, a law passed that makes texting and other activities on the cell phone illegal while driving starting July 1. Specifically, the law bans sending, typing or reading text messages or emails....Read Full Post

New Case Study: The Shelter Group Reinforces Culture While Driving... - The Industry Radar - June 28, 2010
- Cytiva Software Inc. (CRX;TSX.V), a leading provider of Software as a Service (SaaS) onboarding software, announced today at the SHRM Conference and Exposition the release of a new case study detailing The Shelter Group's lessons learned from their two years of using the SonicOnboard Onboarding portal. With over 2,000 employees and nearly 1,000 new hires annually spread across 67 properties in 11 states, The Shelter Group used to struggle to manage the volume of work associated with onboarding new employees. This new case study shows how SonicOnboad new hire onboarding software supported The Shelter Group's efforts to reduce costs, speed time to productivity and reinforce The Shelter Group's unique culture. Some of the highlights include: Six figure annual reduction in costs Significant reduction in errors associated with manual process Measurable increase in time to productivity Reinforcement of employment brand from career site through onboarding While onboarding solutions have been around ...

Sec. Solis Says New Interpretation Expands FMLA - ELINFONET.com - June 28, 2010
Well, we stand corrected. While we said in our summary of the DOL's new Administrator Interpretation (.pdf) on the issue of FMLA leave for those standing in loco parentis for a child that the new interpretation "arguably does not change existing law," Secretary of Labor Hilda Solis evidently thinks that it does. Writing in the Huffington Post, Secretary Solis had this to say about the new interpretation:

He Shoots...and Misses! Does the World Cup Invite FMLA Abuse? - ELINFONET.com - June 28, 2010
A couple weeks ago, as I was preparing a witness for his deposition (in a Title VII and FMLA case), it dawned on both of us that his deposition would take place mere hours after the deciding Game 6 of the Stanley Cup Playoffs.

How to Stop Accessibility Lawsuits Before They Stop You. - ELINFONET.com - June 28, 2010
When was the last time you measured the slope of the curb ramp leading from your parking lot to your facility? Do you have the International Symbol of Accessibility on your storefront and bathroom door? Does it include Braille? Have you recently measured the access aisles of your parking spaces?

Still No GINA Regs, But New Website on the Basics. - ELINFONET.com - June 28, 2010
Employers and human-resource professionals have been anxiously awaiting the issuance of the final rules interpreting Title II of the Genetic Information Nondiscrimination Act (GINA). We remain hopeful the regulations will address some thorny issues, such as the implications of employers’ use of internet and social media sites, which may in turn reveal the genetic information of an employee or applicant.

Interim Guidance to Protect Deepwater Horizon Workers - HR.BLR - June 28, 2010
(6/28) Government agencies released interim guidance to help protect oil spill response employees and volunteers currently working to contain or clean up the Gulf oil spill. The National Institute for Occupational Safety and Health (NIOSH) and the Occupational Safety and Health Administration (OSHA) released this guidance specifically for the Deepwater Horizon Response, not as general guidance for disaster response.

Survey Reports on Workers Finding Fulfillment in Jobs - HR.BLR - June 28, 2010
(6/28) Roughly one-quarter of Americans find happiness and fulfillment in their current job, reports a recent survey. Healthy Companies International conducted a telephone survey and gathered data on job satisfaction from over 500 American full-time or part-time workers.

10 Careers Gone for Good - The Industry Radar - June 27, 2010
More than 25%, or over 2 million, of the jobs that were erased from the economy over the past two years are probably gone for good.

Steve Forbes Does SHRM San Diego - The Industry Radar - June 27, 2010
Okay, I’ll admit I’m a bit of a slow learner, so here’s what I finally learned from listening to Steve Forbes give the opening keynote speech Sunday at SHRM’s annual conference in San Diego: I’ve got to lower my …

Employee communications: the 2010 IRS survey - The Industry Radar - June 27, 2010
IRS research finds that there has been an increase in the number of organisations adopting an ad hoc approach to internal communications, despite evidence suggesting that a disciplined approach contributes to organisational success. 

It's time to abolish the employee performance review - Psychology Today (blog) - The Industry Radar - June 27, 2010
Psychology Today (blog) It's time to abolish the employee performance review Psychology Today (blog) Second only to firing an employee, managers rate performance appraisals as the task they dislike the most. In fact, neuroscience research has shown that ... and more »

Jobs &Business | What is an Employee Handbook? - The Industry Radar - June 27, 2010
An expert in Policy writing and implementation, recruitment and selection, staff orientation and induction, staff training and development, employee talent management , employee retention, succession planning, staff welfare issues, ...

Activism in an Age of Tyranny and Terror - Before It's News - The Industry Radar - June 27, 2010
Before It's News Activism in an Age of Tyranny and Terror Before It's News Human resources (who and how many people obey and assist the power holder). Skills and knowledge (what kind and to what degree these are available to the ...

6/27/10: Leadership Reading to Start Your Week - The Industry Radar - June 27, 2010
Here are five choice articles from the business schools, the business press and major consulting firms to start off your work week. I'm pointing you to articles about the global market for football (soccer) talent, Disney among the Chinese, women in sports and on the job, growing up in a complex world, and the financial regulatory reform bill.

does "we'll keep your resume on file" really mean anything? - The Industry Radar - June 27, 2010
A reader writes:In most of the jobs where I've been interviewed and rejected the rejection letter says something like "We will hold on to your resume and contact you if we ever have any jobs that meets your needs" or something like this. Is this just being polite or is it possible that some time down the road they will actually contact me with an offer?Well, it's highly unlikely they'll contact you out of the blue with an offer. But they might contact you with an invitation to apply for another position.That said, this statement has become part of the standard pablum that a lot of companies include in their rejection letters and, more often than not, has little meaning. On the other hand, some companies do mean it and do search previously submitted resumes looking for well-matched candidates when they have new...

Serving the Big Boys Too - Workforce Management - The Industry Radar - June 27, 2010
Serving the Big Boys Too Workforce Management “We're not afraid of SaaS,” says Debi Hirshlag, Flextronics' vice president of worldwide human resources . The company likes that software as a service, ...

Want a Casual Dress Code? - About.com - June 27, 2010
The Company's objective, in establishing a dress code, is to enable employees to project a professional, business-like image while experiencing the comfort and advantages of more casual and relaxed clothing.

Want a Casual Dress Code? - The Industry Radar - June 27, 2010
The Company's objective, in establishing a dress code, is to enable employees to project a professional, business-like image while experiencing the comfort and advantages of more casual and relaxed clothing.Casual dress is the standard for this dress code that differentiates between clothing worn in manufacturing and clothing worn in the office. Learn more about casual dress in this dress code.Use this dress code introduction letterto introduce your dress code. This ...

Want to Influence? Know the Norms - The Industry Radar - June 27, 2010
Norms are rules that a group uses to define its appropriate and inappropriate values, beliefs, attitudes and behaviors. The catch: Those rules may be explicit or implicit. And those unspoken norms will bite you every time if you don't find...

5 tips: How to avoid common office pitfalls, from poor focus to entitlement - The Industry Radar - June 26, 2010
ask a lot of questions because they are afraid they will appear uninformed," said Joan Dawson, a human-resources executive at Scottsdale-based Nuon Inc. Ask your boss how much time you should be spending on a task. And ask how you're doing, said Ted

Launch Pad: A Stanford Class Where Students Started 11 Companies - The Industry Radar - June 26, 2010
There are many entrepreneurship classes taught throughout the world, in some students talk about how what explains the success and failure of start-ups, and very often, such classes include a business plan competition, where groups pitch ideas for new companies....

New Article: Why Less is the New More - The Industry Radar - June 26, 2010
Customers continue to demand greater value at ever-lower prices. But for many companies, the ability to produce savings through more traditional cost-cutting measures is nearly exhausted. The solution: Combine cost-cutting initiatives with design and development activities, using cost-driven product and service innovations to create new streams of profitable growth.Author(s): Paul F. Nunes, Greg Cudahy, James M. EllisSource(s): Outlook Journal (Accenture)...

Latest company background check news – Universal Background ... - The Industry Radar - June 26, 2010
I hope you've been enjoying my posts lately. I thought I might do something different today and rustle up a few bits of info from around the WWW. These are some.

Manage Social Media Job References - About.com - June 26, 2010
A colleague found herself in a heated discussion about whether employees writing references on social media sitessuch as LinkedIn violated company reference policiesthat prohibit employees from providing references, or official references, for former employees and colleagues. It is an interesting question given that any employer reading a reference on LinkedIn can easily determine the referring person's employer....Read Full Post

Supreme Court Holds That International Unions Are Not Accountable For Inducing Locals To Violate Collective Bargaining Agreements. - ELINFONET.com - June 25, 2010
In the final labor and employment law decision for the 2009-10 term, on June 24, 2010, the Supreme Court held that a unionized employer may not pursue an action against an international union for inciting a local union to violate the terms of a collective bargaining agreement. The Supreme Court also held that it was a court's job (rather than an arbitrator's job) to determine whether a collective bargaining agreement with an arbitration clause was actually entered into.

NLRB Clarifies Use Of Class Action Waivers In Arbitration Agreements. - ELINFONET.com - June 25, 2010
Four days before retiring from his post as General Counsel of the National Labor Relations Board ("NLRB"), Ronald Meisburg issued a Memorandum that severely limits the use and usefulness of mandatory arbitration agreements in a non-union setting. Although not legally binding, General Counsel Memorandums serve as case-handling guidelines for Regional offices nationwide.

Health Care Reform - Grandfathered Health Plan Regulations. - ELINFONET.com - June 25, 2010
As mentioned in a previous alert, certain new requirements under the Patient Protection and Affordable Care Act (PPACA), signed into law on March 23, 2010, as modified by the Health Care and Education Affordability Act of 2010 ("Reconciliation Bill" and combined, "Health Care Act") will not apply to group health plans that qualify for "grandfathered" status. On June 17, 2010, the Departments of Labor, Health and Human Services, and Treasury issued interim final regulations regarding the requirements for achieving and maintaining grandfathered status under the Health Care Act. These regulations are effective immediately, although the regulations provide a grace period through September 23, 2010, as discussed below.

Health Care Reform Law: Agencies Explain "Grandfathering". - ELINFONET.com - June 25, 2010
The Departments of Labor, Treasury and Health and Human Services have jointly issued interim regulations on the grandfathering provisions under the Patient Protection and Affordable Care Act of 2010 (PPACA) as amended by the Health Care and Education Reconciliation Act of 2010 (HCERA) (together, “Health Care Reform Law”).

Supreme Court Limits Scope of Judicial Scrutiny of Arbitration Agreements. - ELINFONET.com - June 25, 2010
The Supreme Court has clarified whether an arbitrator or court should address a challenge to the validity of an arbitration agreement when a provision in the agreement expressly delegates such authority to the arbitrator. Where the agreement as a whole is challenged, the dispute should be resolved by the arbitrator; where, however, there has been a challenge to the specific contractual provision delegating responsibility to an arbitrator, the Supreme Court decided, it would be appropriate for the court to address it.

Regulations Confirm Need for Prompt Employer Action To Prepare for HHS Early Retiree Reinsurance Program. - ELINFONET.com - June 25, 2010
The Department of Health and Human Services (“HHS”) has issued interim final regulations governing the Early Retiree Reinsurance Program (the “Program”) added by the recent health care reform legislation. The Program, which is scheduled to begin on June 1, 2010, reimburses plan sponsors for a portion of large health claims incurred by early retirees (and their spouses and dependents) in order to encourage employers to maintain health plan coverage for such participants until other health coverage becomes available through health insurance exchanges in 2014.

FMLA rights regarding childcare may apply without specific legal or biological relationship. - ELINFONET.com - June 25, 2010
The Family and Medical Leave Act (FMLA) establishes protected leave for specific circumstances, including the birth or placement of a son or daughter, care of a newborn or newly placed son or daughter, and care for a son or daughter with a serious health condition. On June 22, 2010, the Wage and Hour Division of the Department of Labor issued Administrator’s Interpretation No. 2010-3 in response to requests for guidance regarding whether employees who do not have a biological or legal relationship with a child may take FMLA leave for birth, bonding, and to care for the child.

OSHA's Severe Violator Enforcement Program (SVEP) Now Effective - HR.BLR - June 25, 2010
(6/25) OSHA's Severe Violators Enforcement Program (SVEP) directive went into effect June 18th. The program targets employers who willfully and repeatedly endangering workers by exposing them to serious hazards in the workplace. The program establishes procedures and enforcement actions.

$250 Million for Prevention and Public Health - HR.BLR - June 25, 2010
(6/25) A total of $250 million in Affordable Care Act (ACA) investments will go towards prevention and public health initiatives. The U.S. Department of Health and Human Services (HHS) made the announcement last week.

Rendell: Recovery 'Not an Accident' - HR.BLR - June 25, 2010
(6/25) April job reports showing a surge in Pennsylvania's economy led Governor Ed Rendell to hail a growing recovery in a May 21 speech. "Over the past two months, Pennsylvania employers added 54,000 new jobs,"the Governor said. "President Obama's economic stimulus program is working and it's a key reason that the recession is finally behind us."

Mandatory Retirement of Law Firm Partners. - ELINFONET.com - June 25, 2010
In January 2010, the Equal Employment Opportunity Commission (“EEOC”) filed a lawsuit against the law firm Kelley Drye and Warren LLP, claiming that its alleged mandatory retirement of partners at age 70 violates the Age Discrimination in Employment Act (“ADEA”).1 This is not the first law firm to face claims of age discrimination regarding partners. In 2007, Winston &Strawn LLP settled a suit challengingvarious aspects of its alleged “decompression” policy that reduced partners’ pay after age 65.2 The same year, Sidley Austin LLP paid $27.5 million to settle a well-publicized EEOC suit brought on behalf of 32 ex-partners who were “de-equitized” allegedly on the basis of age.3 In a ruling preceding the settlement, Judge Richard Posner of the Seventh Circuit found that the EEOC had alleged facts sufficient to show that the Sidley partners may qualify as “employees” protected by the ADEA, rather than “partners” who would not fall within the Act’s coverage because they are employers rather than “employees.”

Use Job Offer Letters - About.com - June 24, 2010
The job offer letteris provided to the candidate you have selected for your open position.Most frequently, the candidate ...Read Full Post

DOL "Interpretation" of FMLA Rules Expands Protections for Non-Traditional Families. - ELINFONET.com - June 24, 2010
The U.S. Department of Labor has issued an Administrator’s Interpretation of the FMLA Regulation that includes “in loco parentis” relationships as part of the FMLA’s definition of “son” or “daughter”. It also has issued a Press Release announcing this is a “win for all families no matter what they look like.”

Agencies Publish Guidance Regarding "Grandfathered" Health Plans. - ELINFONET.com - June 24, 2010
On June 17, 2010, the Internal Revenue Service (IRS), Department of Labor (DOL) and Department of Health and Human Services (HHS) jointly issued interim final regulations regarding a group health plan's status as a "grandfathered health plan" (i.e., one in existence on March 23, 2010) under provisions of the recent healthcare reform legislation. This legislation creates a multitude of new requirements for group health plans ranging from the minimum level of benefits that must be provided to dictating which individuals must be offered coverage under a plan.

Anticipated Health Care Reform Grandfathered Plan Regulations Released. - ELINFONET.com - June 24, 2010
On June 14, 2010, the Departments of Health and Human Services, Labor and Treasury, officially released much-anticipated grandfathered plan regulations under the Patient Protection and Affordable Care Act (the "Act").

DOL Issued its Second Administrator’s Interpretation that Alters the Definition of “Clothes” Under the FLSA. - ELINFONET.com - June 24, 2010
The Wage and Hour Division of the Department of Labor (DOL) issued its Second Administrator’s Interpretation addressing what is considered “clothes” for purposes of determining compensable time under the Fair Labor Standards Act (FLSA). This most recent Interpretation reverses several opinion letters by stating that the exemption for donning or doffing clothes under Section 3(o) applies only to apparel and not several types of protective safety equipment. The Administrator also concluded that even though employers do not have to compensate employees for donning or doffing clothes if they are exempt under Section 3(o), these activities could be principal activities and trigger thebeginning or end of the workday, resulting in compensable time.

Senate Confirms Pearce and Hayes as Board Members. - ELINFONET.com - June 24, 2010
On June 22, 2010, the Senate confirmed Mark Pearce and Brian Hayes to serve as members of the National Labor Relations Board (the "Board"). Pearce has been serving on the Board since April 7, 2010, when he was recess appointed by President Obama. Pearce's term will run through August 27, 2013. Hayes was the labor policy director for the Republicans on the Senate Health, Education, Labor and Pensions Committee prior to his appointment to the Board. His term expires December 16, 2012.

Department of Labor Issues Interpretation Narrowing Clothes-Changing Exclusion and Expanding Scope of Compensable Workday. - ELINFONET.com - June 24, 2010
Over the last several years, public and private employers have faced an increasing number of lawsuits under the Fair Labor Standards Act (FLSA), including claims seeking compensation for time spent donning and doffing required uniforms and protective equipment. Although most common in the food processing industry, donning and doffing litigation has also emerged in other areas, including law enforcement, private security forces, and certain manufacturing jobs.

When Do Exaggerations and Misstatements Cross the Line? - ELINFONET.com - June 24, 2010
When public figures are caught embellishing their accomplishments or qualifications, whether by exaggeration or misstatement, people everywhere express outrage. Indeed, as more and more politicians, CEOs and other big names these days try to make amends for fudging their resumes, incorrectly relating the details of a story or otherwise playing fast and loose with the facts, the general reaction from an increasingly jaded public is: "What were they thinking?"

The Grandfathered Health Plan Final Rules – What Changes Can Your Plan Make? - ELINFONET.com - June 24, 2010
New interim final rules provide employers important guidance on how health plans can lose “grandfathered” status under the landmark federal health care reform law (primarily by cutting benefits or increasing cost-sharing), how and when the law applies to collectively bargained plans (in some cases, there is a delayed effective date) and how the law applies to health plans that cover only retirees (it doesn’t).

Americans Would Support Weight Discrimination Laws, Yale Study Finds - HR.BLR - June 24, 2010
(6/24) A majority of Americans would support legislation that would prohibit weight discrimination in the U.S., according to a recent study. Researchers at Yale University conducted the national survey, and found that a most respondents were opposed to discrimination practices such as refusing to hire, withholding promotions, paying lower wages, or unjustly terminating obese employees.

Offering Child Care Improves Employees'Health and Performance, Survey Finds - HR.BLR - June 24, 2010
(6/24) Providing employees with child and dependent caremay cut health care costs, reports a recent study. Employees who were offered this benefit by their employers reported being less stressed and in better overall health than employees who are not offered the benefit. Employees with less stress were typically more focused on their work and were more engaged employees.

Muslim Officer's Beard Violates Department Policy - HR.BLR - June 24, 2010
(6/24) When a Muslim police officer insists on wearing his beard longer than 1/4 inch for religious reasons in violation of his employer's policy, and is disciplined and ultimately terminated, does he have a valid claim under Title VII of the Civil Rights Act of 1964 and the Pennsylvania Religious Freedom Protection Act? A Pennsylvania district court recently reviewed a case raising that issue.

Executive Order 13496 (Employee Posting Rule) Update. - ELINFONET.com - June 24, 2010
New requirements under Executive Order 13496 could appear in federal contracts and subcontracts as early as this week. The final rule, published on May 21, becomes effective June 21, 2010. Fortunately or unfortunately, the Federal Acquisition Regulation Council (FAR Council) has not yet issued an implementing FAR that will require the employee notice to be posted.

Is #Management Consistency Important? - The Industry Radar - June 23, 2010
Overheard tonight at a restaurant: Customer: "If I don't like this ______ can I order something else?" Server: Well, that depends on the manager. Some managers are great about allowing people to change orders if they don't like what they...

From CEO to Senate: Why Some Executives Make Better Politicians Than Others - The Industry Radar - June 23, 2010
Growing numbers of top business executives appear to be running for political office. Among others, former CEOs Meg Whitman and Carly Fiorina recently won California primaries, while promising to use leadership skills and financial acumen honed at private corporations to solve thorny public problems. But experts on leadership and politics say that the leap from one world to the other is fraught with challenges.

Running Faster, Falling Behind: John Hagel III on How American Business Can Catch Up - The Industry Radar - June 23, 2010
American companies will continue to fall behind their counterparts in emerging markets such as China or India unless they move toward what Deloitte's John Hagel III calls "the edge," which is where passionate, change-driven employees collaborate with others on the kind of innovations that prevent a company from seeing its core business model slowly erode. During a talk at the recent Wharton Leadership Conference, Hagel discussed how CEOs can look to sources such as the online game World of Warcraftfor inspiration in finding a successful path forward.

When Do Exaggerations and Misstatements Cross the Line? - The Industry Radar - June 23, 2010
Embellishing stories about one's accomplishments or qualifications, whether by exaggeration or misstatement, is part of human nature, experts say, and almost everyone is guilty of it at one time or another. Left unchecked, however, exaggerations that seemed innocuous at first can result in serious, potentially career-ending consequences. Thanks to the Internet, it's easier than ever to get caught in an exaggeration, Wharton experts and others note. But the temptation to embellish has also never been greater, as recession-weary workers feel pressured to justify their worth and a 24-hour news cycle demands that leaders have an immediate, sound-bite-ready answer for everything.

The Resume and the Interview - The Industry Radar - June 23, 2010
Some good links on a HOT Wednesday for the resume and the interview: The New York Times from back in February had some advice on writing a resume that shouts "hire me". Good advice at a time when so many resumes are being received--and they all look the same. AOL's Barbara Safani (also of Career Solvers) wants to know if you're lying on your resume saying "it is critical that all information reported on the document is accurate and something you can back up with facts if questioned." We go back to AOL and Safani for the toughest job interview question out there (what is your weakness?) as well as a few other tough questions and the...(THIS IS ONLY A PREVIEW. PLEASE CLICK THE LINK ABOVE OR CHECK OUT ASTRON'S BLOG AT http://astronsolutionsworldofhr.blogspot.com/ FOR THE FULL ARTICLE)...

Winner Take All Incentives And Cheating - The Industry Radar - June 23, 2010
Steve Levitt of Freakonomics fame has shown that, when teacher's pay is linked to the the performance of their students on standardized tests, they are prone to cheat -- I mean the teacher's cheat. Levitt's data from Chicago suggest that...

Creative accountants - honestly - The Industry Radar - June 23, 2010
Known for their attention to detail and a fondness for numbers, accountants are often the brunt of jokes around the office. Such is their reputation that there has even been scientific research done to confirm their boringnesswhich found them to be:...

The ‘plateau-ed’ employee: Is a bad attitude to blame? - The Industry Radar - June 23, 2010
Every organization has plateaued employees - the people who have seemingly hit their peak potential. But sometimes these lackluster workers might just be suffering from a negative attitude. The good news is that bad attitudes can be adjusted, and plateaued employees can be turned into valuable contributors. Read on to find out how a simple performance review makes it possible.

How Important are Reference Checks? They Knock out 20% of Job Candidates - The Industry Radar - June 23, 2010
Just how important are reference checks, anyway? Well, would you believe that one in five job candidates get knocked out of consideration during this part of the hiring process? You know this if you do much hands-on hiring, but references …

it's not illegal to give a bad job reference - The Industry Radar - June 23, 2010
A reader writes:My wife and I go back and forth about this one all the time.A former secretary of hers was moving and searching for a new job in her new city. The problem was that this person wasn't the most reliable employee. She was always late, took days off without calling and had some other quirks but when she was there she did good work.My question is if someone calls you about a former employee what can you say and what can't you say?I have always believed that you have to tell the truth because if you give a shining recommendation to a crappy employee it will come back to you.A lot of others tell me that it is illegal to say anything bad about a former employees.  Is it really illegal?No, it is not illegal, as long as what you're saying is factually...

COMIC: How to make boring business meetings fun - The Industry Radar - June 23, 2010
If you are like me, then you hate long, unproductive meetings. (If we are accomplishing things, its okay, I just detest the opposite.) One thing to counteract a waste of time is to just have fun with the situation. Have you ever heard of the business cliche’ game? That’s when you make a list of business cliches and you give [...]

What Should a Career in Your Company Look Like (&Do Your Pay Practices Sync Up?) - The Industry Radar - June 23, 2010
I get a lot of questions (and so do many of you, I bet) about seemingly isolated pieces of pay program design, like: How many pay grades should we have? How much differential between pay grade midpoints should there be?...

Make Your Current Job Work - About.com - June 23, 2010
Sometimes, it's not so easy to just pull up stakes and move on to your next job and employer. There are reasons why most of us stay where we are.Perhaps ...Read Full Post

The Top 6 Myths About Talent: Must Knows for Your Employment Brand - The Industry Radar - June 23, 2010
By Mary Delaney and Sanja Licnia As the nation’s economy begins to stabilize following one of the deepest recessions felt across the globe, employers are shifting their focus from cost containment to growth and have begun to hire again. They …

Are Incentives Bribes? - The Industry Radar - June 23, 2010
I had a brief twitter exchange last night with Jeremy Meyers (his site here). The conversation from tweetdeck is represented in the image on the right (first tweet at the bottom of image, edited for space, time and content.) The discussion started when the concept of Autonomy, Mastery and Purpose (AMP) surfaced in relation to incentives. For many, since Dan Pink’s book, Drive came out, the concept of AMP is now the gold standard for...

Style and Strategy: Nadal versus Federer - The Industry Radar - June 23, 2010
I love tennis.  I prefer to watch it than to play as I’m not really very good, and I seem to have a bum shoulder.  Each year, my wife and I record the coverage of every grand slam, and to be honest, we have missed the once omni-presence of Rafael Nadal in all the finals.  Watching Nadal play was always a demonstration of power, command and grace.  The man can move around a tennis court like almost nobody else and only in his early 20’s I think he has 7 or so grand slams in his trophy case. I also love Roger Federer.  Comparing his gracefulness against Nadal’s is difficult.  Certainly Roger has adifferent type of grace.  His is flowing and nuanced.  He commands his opponents not that he can always out power them or even out play them, but he can always outsmart them.  You will sometimes (not often) see him losing the first set of the match, only to “figure out” his opponent in the next set.  The key here is style.  They are both winners, but Federer’s graceful fluidity has gotten him a record number of grand ...

PUBLIC EMPLOYER’S SEARCH OF TEXT MESSAGES DID NOT VIOLATE FOURTH AMENDMENT. - ELINFONET.com - June 23, 2010
In a closely-watched case, the United States Supreme Court has ruled that a California city did not violate the Fourth Amendment to the United States Constitution when it searched text messages sent to and from an employee's alphanumeric pager issued by the City's Police Department.

Supreme Court Upholds City's Review of Employees' Text Messages. - ELINFONET.com - June 23, 2010
In a unanimous decision, the U.S. Supreme Court has held that the City of Ontario did not violate its employees' Fourth Amendment right to be free from unreasonable searches by reviewing the employees' text messages sent on pagers provided by the City. See City of Ontario v. Jeff Quon (June 17, 2010). The Court did not rule on whether the employees had a privacy interest in the text messages, but instead assumed that they did and ruled on the issue of whether the City's search violated the Fourth Amendment. Although the decision involves a government employer, which is subject to the Fourth Amendment's restrictions, private employers may also find the decision instructive because the Court noted that the City's search also would have been reasonable in the private workplace. Thus, employers considering searching their employees' electronic communications should be aware of the factors the Court considered in finding the City's search reasonable.

Supreme Court Holds that Two-Member NLRB Lacked Authority to Issue Rulings. - ELINFONET.com - June 23, 2010
In a 5-4 decision, the U.S. Supreme Court has held that the National Labor Relations Board (NLRB) improperly delegated its authority to a two-member group after the expiration of two Board members' appointments in December 2007. See New Process Steel v. National Labor Relations Board (June 17, 2010). Accordingly, the two-member Board did not have authority to issue decisions on unfair labor practice and representation cases.

U.S. Supreme Court Rules Arbitration Clause Delegating Contract Enforceability Issues to Arbitrator Is Enforceable. - ELINFONET.com - June 23, 2010
Ordinarily, when a party moves to compel arbitration, a court will decide whether the arbitration agreement is enforceable. In the employment setting, many times the enforceability issue is addressed in the context of a challenge to the agreement on the ground of "unconscionability," where the party opposing arbitration will contend that the agreement was a mandatory condition of employment and that specific terms of the agreement were unfair. On June 21, 2010, the United States Supreme Court decided Rent-A-Center West, Inc. v. Jackson, No. 09-497, where the question of who decides the unconscionability question was front and center.

DOL Requires Federal Contractors and Subcontractors to Post Notice Informing Employees of Their Rights to Join a Union and Engage in Concerted Activity. - ELINFONET.com - June 23, 2010
Effective June 21, 2010, employers who conduct business with the federal government or who perform work essential to a federal contract now must post a notice informing their employees of their right to join a union and engage in concerted activity.

U.S. Supreme Court Ruling Provides Guidance on Monitoring Employee Texts and E-Mails. - ELINFONET.com - June 23, 2010
In its first foray into the potentially treacherous intersection of workplace monitoring of electronic communications and employee privacy expectations, the United States Supreme Court considered whether the City of Ontario Police Department violated the privacy rights of Sergeant Jeff Quon by reviewing sexually explicit text messages sent by Quon using a City-issued pager. The Court declined to issue any broad pronouncements concerning the permissible scope of workplace monitoring. The Court's decision, nonetheless, provides useful guidance for employers — whether governmental or private — on steps they can take to reduce their exposure to privacy-based claims arising from their review of employees' text messages, e-mail, and other electronic communications.

'Son and Daughter'Definition Under FMLA Clarified - HR.BLR - June 23, 2010
(6/23) The definition of "son and daughter"under the Family and Medical Leave Act (FMLA) was clarified by the U.S. Department of Labor (DOL). The administrator interpretation gives employees, who care for a child, parental rights to family leave regardless of the legal or biological relationship.

Was Firefighter Still on Probation? - HR.BLR - June 23, 2010
(6/23) An Illinois employee started with his fire department in June 2003. And state law provides for a year?s probation for firefighters, during which they can be fired without cause. After that, just cause must be shown. The employee was still with the fire department in August 2004, but he was fired without cause. Did he have a case?

TLNT: Bridging The Gap Between HR Blogs and Publications - The Industry Radar - June 22, 2010
Editor’s Note: I work for ERE, the company that publishes TLNT. This isn’t an official press release or anything, just my personal take on the whole shebang. Cool? I love new blogs, new sites, new technology, new…stuff. So when we first talked about an HR-centric publication at ERE, I was kind of excited. Not only [...]

The Evolutionary Value of Swearing - The Industry Radar - June 22, 2010
I was just interviewed for a podcast by HBR's Sarah Green about my post on the Strategic Use of Swearing, which was inspired by HBR editor Dan McGinn's great post on Should Leaders Ever Swear? To prepare for this little...

Reinventing Business: Executive Compensation and Moral Hazard - The Industry Radar - June 22, 2010
Third, the results add to evidence in the business literature on executive compensation managementwith respect to moral hazard. Previous research in this area has focused on moral hazard in franchise contracting and suggests that ...

Office chair envy is rampant in the workplace - Boston Globe - The Industry Radar - June 22, 2010
Office chair envy is rampant in the workplace Boston Globe The Staples release noted that among the chairs stocked by its stores is the $279.99 Kronos . Herewith Staples' description of said seat: "Breathable mesh ...

Treating Customers As Partners - The Industry Radar - June 22, 2010
Most businesses run on the energy of their customers, partners, and employees. Treating customers as partners with high levels of value and support boosts the business dynamic for both parties. And it reaps recognition as well. For instance, Taleo is pleased to be re-certified by the Technology Services Industry Association (TSIA) as "Rated Outstanding" for global assisted customer support.Taking steps to create an online social community also adds tremendous value. Connecting customers to knowledge and each other—as in Taleo’s Knowledge...

The Monster.com got a digital cookie for you. Yum. Yum. - The Industry Radar - June 22, 2010
It doesn't take a pulp fiction detective novelto figure out that marketing and recruiting make friendly bedfellows.In fact, it's much more simple and innocent than that. They tend to skip hand in hand through the school yard playing and playing and generating:Publicity (other kids take...

Basas on The Curse/Crusade of Lawyers with Disabilities - The Industry Radar - June 22, 2010
Carrie Basas (North Carolina) has an interesting and irreverent commentary on the Disability Blog on the coming 20th anniversary of the passage of the Americans with Disabilities Act (ADA) and what it means for lawyers with disabilities. Here's a taste:...

At Will Employment and How to File a Wrongful Termination Lawsuit - The Industry Radar - June 22, 2010
Most employees are hired according to what is called an “at-will” basis. This means that the employer may terminate the employment for nearly any reason so long as it is not illegal. Conversely, this also means that the employee may quit their job at their own discretion for any legitimate reason. At will employment provides both the employer and the [...]

Why Your Benefits Information Should go Online – and on the Road - The Industry Radar - June 22, 2010
Here’s why you should have your benefits on the Internet – and literally in the hands of your employees. Too many companies have their benefits information trapped behind their firewall, only on their Intranet, and out of reach of spouses, …

Why the Engagement Agenda is Important to Business Success - The Industry Radar - June 22, 2010
All of us go in to work, but how many of us actually work throughout the day to the best of our abilities and capacity? The truth is, unless there is something at stake, we don’t feel the need to push through at work and give our best. So if you own a business or run your own operations, you’re bound to go all out because your bottom line depends on it. But your employees may not feel the same way; unless of course, their jobs or salary is on the line. This is where engagement agendas come into play – it is your responsibility to engage your employees in such a way that they are motivated to give their best at work.It’s important to remember that you mustn’t confuse motivation with threats and coercion – while the latter two do tend to get the job done at times, they could easily backfire on you without a hint of a warning. Besides, employees who work only because they’re worried about ...

A Possible New Recurring Post – Prophet or Putz? - The Industry Radar - June 22, 2010
A common recommendation I make to clients is to step back and review their history of rewards, recognition and incentives. I almost insist they take some time to review where they've been, what they've done and the results they've achieved. Sometimes it is the first time they’ve looked at their rewards strategy in the context of a longer period of time. Most companies are quick to analyze the immediate impact of an incentive program but...

IRS Issues FBAR Filing Relief, But Certain Filing Obligations Remain - Site Headlines - June 22, 2010
The IRS has recently issued several pieces of guidance related to the filing of the Report of Foreign Bank and Financial Accounts, IRS Form TD F 90-22.1 (“FBAR”), by pension plan sponsors. While the IRS has relieved some of the filing obligations, most notably the requirement for plans to file for foreign hedge fund investments for 2009 and prior years, certain filing obligations remain.

The Case for Building a Culture of Coaching - The Industry Radar - June 22, 2010
By Paul J. Gorrell and John Hoover As business coaches, we are always on the new frontier looking to help our coaching clients add value to the organizations that employ them. Working to develop a culture of coaching across organizations …

The Potential Impact of Today's Supreme Court's 5-4 Decision on Arbitrability. - ELINFONET.com - June 22, 2010
It is never too much a surprise when the Supreme Court reverses the 9th Circuit, nor in recent years is it a surprise when the Court hands down a decision favoring arbitration of disputes, even in employment law matters. In a narrow sense, that is the substance of today's 5-4 decision in Rent-A-Center, West, Inc. v. Jackson, (S.Ct. 6/21/10) [pdf].

OFCCP Issues Verification Procedures under Executive Order 13496. - ELINFONET.com - June 22, 2010
On June 15, 2010, OFCCP Director Patricia A. Shiu issued an enforcement directive pertaining to Executive Order 13496. The Executive Order becomes effective on June 21, 2010.

Supreme Court Holds that Arbitrator, not Court, Should Decide Issue of Unconscionability. - ELINFONET.com - June 22, 2010
The U.S. Supreme Court has just issued a decision holding that under the Federal Arbitration Act (FAA) an arbitrator, not a court, should decide whether an arbitration agreement is unconscionable when the parties have delegated the determination of that issue to the arbitrator. See Rent-A-Center West v. Jackson (June 21, 2010). The Court's decision overturns that of the Ninth Circuit, which held that the court has exclusive jurisdiction to determine the issue of unconscionability, even though the parties' arbitration agreement gave the arbitrator that authority.

Employers Handed Narrow Arbitration Decision Victory. - ELINFONET.com - June 22, 2010
In a narrow 5-4 decision, the Supreme Court handed employers yet another victory in the area of employment arbitration agreements today by holding that, in many circumstances, the issue of whether the agreement is enforceable should be made by an arbitrator and not a court of law.

U.S. Supreme Court Potentially Invalidates Hundreds of NLRB Decisions. - ELINFONET.com - June 22, 2010
On June 17, 2010, a divided U.S. Supreme Court held that the National Labor Relations Board did not have the authority to render approximately 600 decisions during the period between January 1, 2008 and March 27, 2010, when three of the five seats on the Board were vacant. In a 5 to 4 decision authored by Justice Stevens, the Court, in New Process Steel, L.P. v. National Labor Relations Board, held that Section 3(b) of the National Labor Relations Act (the "Act") requires that when the Board delegates its authority to a three-member group, the group must maintain a membership of three in order to exercise the delegated authority of the Board. When the membership of the group falls below three, the Court held, two members do not constitute a proper quorum and may not continue to exercise the delegated authority of the Board.

Navy Encourages Civilian Employees to Exercise - HR.BLR - June 22, 2010
(6/22) The U.S. Navy is encouraging its civilian staff to schedule exercise into their working hours. Navy instruction 12700.1B no longer requires civilian employees to obtain permission from a physician before they incorporate exercise into their workday.

State Expands Medicaid Program - HR.BLR - June 22, 2010
(6/22) Connecticut permanently added low-income adults to its Medicaid program under the new Affordable Care Act (ACA), the U.S. Department of Health and Human Services (HHS) announced yesterday. Connecticut is the first state to take this action.

We Need to Work Smarter, Not Harder - HR.BLR - June 22, 2010
(6/22) Tony Schwartz believes that employees in the U.S. are being pushed to work so hard that they neglect four core needs in themselves, putting them at constant risk of burnout. In his newest book, The Way We're Working Isn't Working(Free Press, May 2010), Schwartz describes those needs, and how managers can help employees get them met.

Healthcare Talent Management: Employee Satisfaction is More Than ... - The Industry Radar - June 21, 2010
The HealthcareSource team is made up primarily of former healthcare HR professionals who now work at HealthcareSource, the leading talent management software provider for healthcare. We tend to see things, hear things, learn things ...

Social Learning for Business Success - Save Money &Increase Capability - The Industry Radar - June 21, 2010
    Join me at 11am BST today (Tuesday, 22 June) for a live Webinar in which I will discuss the key steps you and your organisation must take to gain maximum advantage from the social learning transformation and the explosion of social media.Speakers:Jon Ingham, Strategic DynamicsVerity Gough,...

The Art of Analog Computing - The Industry Radar - June 21, 2010
The Art of Analog Computing from meltmedia on Vimeo shows what a day at work would be like if we had computer interface without the actual computer. via Laughing Squid

Financial shenanigans and their impact on moms - The Industry Radar - June 21, 2010
Anne Zieger has written a brief, very compelling piece about how a certain large teaching hospital crossed (at least technically) ethical boundaries by telling a patient she was covered, then that she wasn't, but only after she had a procedure...

KKR Paying $356 Million for Japanese Staffing Firm - The Industry Radar - June 21, 2010
The Usen subsidiary, Intelligence Ltd., provides direct hire, temporary staffing and outsourcing as well as job-search advertising.

New Avenues Open for Employers to Save on Payroll Taxes - Site Headlines - June 21, 2010
Employers should be alert to significant new legislative and judicial developments in the collection and payment of payroll taxes.Payroll Tax Exemption for New Hires. The Internal Revenue Service has released a new tax form to help employers claim the payroll tax exemption adopted into law by the Hiring Incentives to Restore Employment Act (HIRE Act), signed by President Obama on March 18, 2010.

Efforts to Prevent the Misclassification of Independent Contractors Continue - Site Headlines - June 21, 2010
On April 22nd, a bill was introduced in both the United States House and Senate titled the Employee Misclassification Prevention Act ("EMPA" or "Act"). H.R. 5107; S. 3254. The Act would amend the Fair Labor Standards Act ("FLSA") to introduce measures designed to prevent the misclassification of independent contractors

Spotlight on Health Care Reform: Age 26 Requirements - Site Headlines - June 21, 2010
The health care reform package enacted earlier this year contains a number of provisions that will require various federal agencies to issue guidance on their implementation over the coming months. The first regulations were recently issued and contain guidance regarding the new provisions covering health plan participants' children.

Court Issues Ruling In Firefighter Applicant Disparate Impact Case - Site Headlines - June 21, 2010
This morning, with Justice Antonin Scalia writing a unanimous opinion, the U.S. Supreme Court ruled in a case brought by a group of African-American firefighter applicants who alleged that the city of Chicago's applicant selection process had a disparate impact on African-Americans in violation of Title VII of the Civil Rights Act of 1964. Specifically, the applicants challenged the city's decision to exclude employment applicants who did not achieve a certain score on an examination – but not the city's decision to adopt that employment practice.

Worth Remembering: You Never Stop Learning to be a Better Manager - The Industry Radar - June 21, 2010
Here’s a lesson worth remembering: No matter how long you have managed people, or worked in HR, one thing is for certain – you never, ever stop learning how to be better at leading and managing those in your charge. …

The Potential Impact of Today's Supreme Court's 5-4 Decision on Arbitrability - The Industry Radar - June 21, 2010
It is never too much a surprise when the Supreme Court reverses the 9th Circuit, nor in recent years is it a surprise when the Court hands down a decision favoring arbitration of disputes, even in employment law matters. In a narrow sense, that is the substance of  today's 5-4 decision in Rent-A-Center, West, Inc. v. Jackson, (S.Ct. 6/21/10) [pdf].The dispute was a procedural one, who has the power to determine the initial question of arbitrability in a particular set of circumstances, the court or the arbitrator.  In one sense, all the Supreme Court did was lay down the guideline for how the challenge should be made if the party wishes the Court to be the interpreter.  If that were the only consequence, it would be an important case for practitioners dealing with these issues, but at least the applicable law would be more clear and parties could make their arguments ...

Four letters that both praise and redirect employee efforts - The Industry Radar - June 21, 2010
As a manager you walk a fine line when giving feedback. You want to give employees credit and encouragement when they put in a good effort. But in the same conversation, you may also need to tell them they're still not getting it quite right. Believe it or not, you can do both without sending mixed signals. Learn the four letters you need to walk this managerial tightrope with ease.

Interviewer's Secrets Revealed - Free e-book - The Industry Radar - June 21, 2010
In 2005, I wrote this brief e-book for job seekers. If covers interview strategies and a behind the scenes look at how interviewers interpret the responses job seekers give to common questions. There are a few things I would update...

New Initiatives Mean More Employee Complaints, More Employer Burdens - The Industry Radar - June 21, 2010
In the mercurial world of employment law, each new calendar year brings new or revamped legislation. It’s the same story in 2010. Among the myriad of various legal changes employers face this year, several new U.S. Department of Labor (DOL) …

Top 100 v1.65 Jim Holincheck | Top 100 Influencers in HR ... - The Industry Radar - June 21, 2010
... Retail Workforce Management * Sales Workforce Management * Service-Oriented Architecture * Software as a Service * Software Market Consolidation * Talent Management Application Suites * Workforce Analytics * Workforce Management ...

3 Ways to Help Clean Up BP’s Employer Brand Disaster - The Industry Radar - June 21, 2010
We don’t need to rehash what’s going on in the Gulf of Mexico, right? An oil rig exploded and is now dumping thousands of gallons of oil into the Gulf as I write this. It has been a disaster of …

The World Cup and HR analytics. - The Industry Radar - June 21, 2010
Thomas Otter is a research director in Gartner Research. He covers human capital management (HCM) trends and technologies, including core HR, payroll, talent management and workforce analytics. As part of this research…Read Full Bio ...

A Job With No Start Date - The Industry Radar - June 21, 2010
Dear Evil HR Lady,I was recently hired at a medical school library as an assistant. But I had a question about how long they are allowed to make me wait to start the position. The HR Department set my hire date as a week ago. I am in their payroll system and HR said I could start working. But the librarians will NOT give me a start date. They keep saying...

Ask Dave: Supervisors need to build pride among employees - Post-Bulletin - The Industry Radar - June 21, 2010
Dear Dave: I have always put my heart and soul into everything I do at our company. I think I am just that way, and I don't understand why other people do just enough to get by and don't take pride in working for a ...

Workshop on An Appreciation of Culture Based HR Strategy - PRLog (free press release) - The Industry Radar - June 21, 2010
The objective of this functional competence module is to give a comprehensive understanding of the relationships between business strategy, organization, and human resources, with a focus on how to create a high ...

Incentives can keep employees from leaving - Akron Beacon Journal - The Industry Radar - June 21, 2010
Money is nice. But attention, recognition and the chance to learn new skills are the key to keeping top performers on board as the job market improves, experts say. More people are now quitting their jobs voluntarily ...

Court Holds NLRB Lacked Authority To Rule with Only Two Members; Decision Could Impact Almost Two Years of Decisions. - ELINFONET.com - June 21, 2010
From the end of 2007 through March 2010, the National Labor Relations Board operated with only two of its five members. Yesterday, in New Process Steel v. NLRB, 08-1457, the U.S. Supreme Court held that the two-member Board lacked the statutory authority to render decisions because the three vacant seats left it without a quorum.

HIPAA Training: An Often Underutilized Tool in an Organization's Effort to Prevent Breaches. - ELINFONET.com - June 21, 2010
On February 17, 2009, the Health Information Technology For Economic and Clinical Health Act, also known as the“HITECH Act,” was signed into law. The HITECH Act was one of the provisions contained in President Obama’s American Recovery and Reinvestment Act (ARRA), which in addition to describing Federal initiatives designed to encourage the use of health information technology, made some significant changes to the existing Privacy and Security Regulations that are a part of the Health Insurance Portability and Accountability Act or “HIPAA.” These changes, many of which became effective in February 2010, include new rules regarding an individual’s right to receive an accounting of disclosures of their protected health information (PHI), provisions regarding business associate accountability and liability, and new limitations on the use and disclosure of PHI. The HITECH Act strengthened HIPAA’s enforcement provisions, by, among other things, giving State attorneys general the right to bringcivil actions in federal courts for violations of the privacy and security rules, and also increased HIPAA’s penalty provisions by creating a tiered penalty approach to violations, such that the more severe the violation, the higher the penalty. For example, whereas prior to the passage of the HITECH Act, the U.S. Department of Health and Human Services (HHS) could have imposed a fine of not more than $25,000 per entity per calendar year, penalties now can be as high as $1.5 million per entity per calendar year

Labor Board Lacked Authority to Issue More Than 600 Decisions. - ELINFONET.com - June 21, 2010
On June 17, 2010, the U.S. Supreme Court ruledthat the National Labor Relations Board did nothave a statutory quorum when it decided over 600cases during a two-year period. A signifi cantnumber of these cases may be reopened.

COBRA Subsidy Unlikely to be Extended Further. - ELINFONET.com - June 21, 2010
The American Recovery and Reinvestment Act provided a 65% COBRA premium subsidy to eligible individualsinvoluntarily terminated between September 1, 2008, and December 31, 2009. Congress later extended the subsidy threetimes; most recently for those involuntarily terminated on or before May 31, 2010. (For information regarding theoriginal COBRA subsidy and the previous extensions, please see our archived E*Bulletins from April 2010, March 2010,January 2010, March 2009, and February 2009.)

Supreme Court Rules Labor Board Had No Authority to Issue Hundreds of Decisions. - ELINFONET.com - June 21, 2010
The U.S. Supreme Court has ruled that the National Labor Relations Board lost its statutory authority to issue decisions when its membership dwindled to only two in early 2008. The Court’s 5-4 decision calls into question the finality of nearly 600 decisions issued by the two-member Board (which, at full staff, is comprised of five members) between January 2008 and April 2010. While the majority in an opinion written by retiring Justice John Paul Stevens acknowledged the NLRB’s “understandable desire to keep its doors open despite vacancies,” the Court’s decision was guided by the language of the National Labor Relations Act. The Court determined the NLRA does not “authorize the Board to create a tail that would not only wag the dog, but would continue to wag after the dog died.”

Supreme Court Finds Public Employer Search Not Unreasonable Under Fourth Amendment. - ELINFONET.com - June 21, 2010
In a unanimous decision, the U.S. Supreme Court has held that the City of Ontario’s review of transcripts of an employee’s text messages sent and received on a City-issued pager was a reasonable search under the Fourth Amendment. City of Ontario, Calif. v. Jeff Quon, et al., No. 08-1332 (June 17, 2010). The Court disposed of the case on narrow grounds, preferring to avoid the risks of establishing "far-reaching premises" before the role of technology in society and its Fourth Amendment implications become clear. Nevertheless, the principles outlined by the Supreme Court are instructive to all employers that allow employees to use electronic communications devices, including cellphones, I-Phones, and Blackberries, although the decision does not apply to employers in the private-sector.

DOL Reverses Its Position On Donning And Doffing "Protective Equipment" In Union Setting. - ELINFONET.com - June 21, 2010
In a pronouncement applicable to unionized workplaces, this week the U.S. Labor Department's Wage and Hour Division issued an Administrator's Interpretation stating that unionized employers cannot treat time spent donning and doffing certain "protective equipment" as unpaid time, even if an applicable union contract or practice treats the time as unpaid. This reverses DOL's previous positions published in opinion letters in 2002 and 2007. The new position revives DOL's earlier position in opinion letters from 1997-2001.

Supreme Court Says Two Is Too Few - ELINFONET.com - June 21, 2010
In a stunning blow to the National Labor Relations Board, the Supreme Court, in a 5-4 decision, invalidated more than 500 decisions issued by the Board during a 27-month period in which the Board was operating with only two members. The decision, issued yesterday, is New Process Steel, L.P. v. NLRB.

Long-Awaited "Grandfathered" Regulations Released -- What Do Employers Need to Know? - ELINFONET.com - June 21, 2010
On June 17, 2010, the Departments of Labor, Health and Human Services and Treasury published in the Federal Register Interim Final Rules (pdf) relating to "grandfathered" health care plans under the Patient Protection and Affordable Care Act (PPACA).1 Under PPACA, as amended by the Health Care and Education Reconciliation Act of 20102 (Reconciliation Act), health plans that were implemented before PPACA was signed into law on March 23, 2010, are exempt from many, but not all, of the law's consumer protections. Employers have anxiously awaited release of the Interim Final Rules to clarify how health plans may qualify for or lose such grandfathered status.

Agencies Issue Regulations on Grandfathered Plan Status - HR.BLR - June 21, 2010
(6/21) The Affordable Care Act (ACA) provides that certain group health plans that were in existence on March 23, 2010 when the healthcare reform law was enacted are not subject to all of the insurance reforms including in the Act. These plans are referred to as grandfathered health plans.

New NLRA Notice Requirements for Contractors - HR.BLR - June 21, 2010
(6/21) Under a new U.S. Department of Labor (DOL) regulation that became effective on June 19, 2010, federal contractorsand their subcontractors are required to post noticesinforming employees of their rights under the National Labor Relations Act (NLRA).Employers and employees covered by the NLRA are subject to the notice requirements.

Fired for Being Overweight? - HR.BLR - June 21, 2010
(6/21) A karate instructor was fired twice by the studios where he worked, one in Brooklyn, New York, and the other in Stamford, Connecticut. The studios? owner, he alleged, told him he was terminated because of his weight. So he sued under New York civil rights laws.

Conditional resignation does not trigger effective date of termination - The Industry Radar - June 20, 2010
The Employment Appeal Tribunal has held that the date of a conditional resignation cannot constitute the effective date of termination regardless of any agreement between the employer and employee. 

Supreme Court Hands Down Blockbuster Decision Invalidating Two-Member NLRB Decisions; Effect for Employers Remains Uncertain. - ELINFONET.com - June 18, 2010
The Supreme Court issued its long-awaited decision in New Process Steel, L.P.v. NLRB, ruling that the National Labor Relations Board (the Board) does not have the authority to issue decisions without at least three members currently sitting on the Board. The Court’s decision invalidates in one fell swoop some 600 decisions that had been issued by the Board during a recent 27-month period in which the Board had only two members. While the Court’s decision is not expected to significantly impact the eventual outcome of those particular cases, the decision may reenergize the drive by Democrats in Congress to appoint Craig Becker and other union-friendly persons to full terms on the Board, thus creating a dramatic pro-union shift in the labor law landscape for years to come.

FEDERAL CONTRACTORS MUST POST NEW FEDERAL NOTICE OF UNIONIZATION RIGHTS. - ELINFONET.com - June 18, 2010
President Obama continues his support of big labor with a first of its kind mandatory employer posting requirement designed to advise employees how to form or affiliate with a labor union. If you are a federal contractor or sub-contractor - or are thinking about becoming one - we urge you to read about this important development.

Supreme Court Invalidates Decisions Made by Two-Member NLRB Panel. - ELINFONET.com - June 18, 2010
In a decision this morning, the U.S. Supreme Court ruled that two-member decisions made by the National Labor Relations Board (NLRB) are invalid, necessitating 600 decisions by the Board to be reconsidered. The NLRB is a five-member board when fully appointed, and statute calls for three-member quorums.

IRS Requires Certain 401(k) Plan Sponsors to Complete Compliance Questionnaire. - ELINFONET.com - June 18, 2010
The Internal Revenue Service ("IRS") recently has begun sending out compliance check questionnaires to 1,200 randomly selected 401(k) plan sponsors. The questionnaire is intended to assist the IRS in identifying compliance areas where additional education, guidance and enforcement are needed.

An Employer's Perspective on Health Care Reform: Summary Timeline and Recent Guidance on "Grandfathered" Health Plans. - ELINFONET.com - June 18, 2010
Health care reform at the federal level—the result of the Patient Protection and Affordable Care Act (signed into law on March 23, 2010), as amended by the Health Care and Education Reconciliation Act (signed into law on March 30, 2010)—will affect U.S. employers and their health plans (whether insured or self-insured) in a phased manner through 2018. The coverage mandates of the new law ("PPACA") become effective at various dates, the earliest of which is the first plan year beginning six months after the March 23, 2010 date of enactment. For a calendar year plan, this will be January 1, 2011.

It's Unanimous: Supreme Court Permits Search of Employees' Electronic Communications. - ELINFONET.com - June 18, 2010
In Quon v. City of Ontario, the 9th Circuit held that a California police department’s review of an officer’s text messages was an invasion of the officer’s right to privacy. In a unanimous ruling issued yesterday, the U.S. Supreme Court overturned the Quon decision and ruled that the police department’s review of the provocative text messages sent by the officer to his wife and to his mistress from his employer-issued pager, did not constitute an invasion of the officer’s privacy. (Link to the full opinion in City of Ontario v. Quon).

U.S. Supreme Court Invalidates 600 NLRB Decisions. - ELINFONET.com - June 18, 2010
Labor-law attorneys had quite a day. The U.S. Supreme Court, in an unexpected decision announced today, has held that the two members of the 5-person National Labor Relations Board (NLRB), who remained after the other members’ terms expired and Congress failed to act on proposed new members did not have the statutory authority to issue rulings. As a result, nearly 600 cases have been voided. The four strict constructionists on the Court were joined by departing Justice John Paul Stevens, who wrote the opinion. Justice Anthony Kennedy, usually a swing vote, wrote a dissenting opinion joined by the liberal wing of the Court. The decision is New Process Steel v. National Labor Relations Board (08-1457).

Intensified FLSA Child-Labor Enforcement Likely. - ELINFONET.com - June 18, 2010
Employers can expect more investigative attention to child-labor restrictions. For one thing, the U.S. Labor Department has now adopted a harsher civil penalty structure. Moreover, in making this announcement, Labor Secretary Solis spoke of the "reinvigorated enforcement" of FLSA limitations upon work by minors.

Supreme Court rules that review of public employee's text messages was not a Constitutional violation. - ELINFONET.com - June 18, 2010
The U.S. Supreme Court has held that a city police department's search of an employee/police officer’s text messages was reasonable, and did not violate the individual’s Fourth Amendment (“search and seizure”) rights. City of Ontario v. Quon, No. 08-1332, U.S. Supreme Court (June 17, 2010). While employers have been anticipating the high court’s opinion on whether employees have a reasonable expectation of privacy related to electronic messages, the Supreme Court did not tackle that issue. Instead, the Court assumed that the officer did have a reasonable expectation of privacy in his personal text messages. However, the Court also found that the search was motivated by a legitimate work-related purpose, and was not excessive in scope. Based upon those factors, the Court held that the city's review of the officer's text messages was reasonable and did not violate the employee’s Constitutional Rights. City of Ontario v. Quon, No. 08-1332, U.S. Supreme Court (June 17, 2010).

Did Employer Do Racketeering? - HR.BLR - June 18, 2010
(6/18) Seven American-born former employees of an Alabama restaurant charged their former employer with immigration violations. But they didn't just accuse the restaurant owners of the civil violation of hiring undocumented immigrants; they alleged a pattern of violations that amounted to a crime under the Racketeer Influenced and Corrupt Organization (RICO) Act.

Supreme Court Rules on Text Message Privacy Case - HR.BLR - June 18, 2010
(6/18) The Supreme Court overturned a 9th Circuit Court of Appeals ruling concerning employer-provided communication devices and workers'privacy rights. The Supreme Court ruled in favor of the employer, the city of Ontario, ruling that the search of the employee's text messages was reasonable and not in violation of the employee's Fourth Amendment rights.

Working Dads: Survey Reports Longer Hours, Less Family Time - HR.BLR - June 18, 2010
(6/18) The recession is taking a toll on fathers across the nation, reports a recent survey. Dads are working longer hours, experiencing more stress, and are spending less time with their families, according to CareerBuilder's Annual Father's Day survey.

Health Care Reform: Insurance Coverage Application by Market Segment and Grandfather Status. - ELINFONET.com - June 17, 2010
Critical to efforts to make insurance coverage accessible and affordable as mandated by the health reform legislation signed into law in March 2010 are a series of reforms to the private insurance system. While the primary focus is the individual and small group insurance markets, elements of the legislation also impact the large group and self-insured markets.

Quick Quiz Answer: FLSA Overtime On Commissions. - ELINFONET.com - June 17, 2010
The federal Fair Labor Standards Act does not require overtime to be calculated in the way shown in our June 11 post. The overtime amount the FLSA actually calls for is about 30% of the figure shown there.

The Deadline is Fast Approaching: Effective July 1, 2010, Employers Have New Compliance Obligations Under the Federal Fair Credit Reporting Act. - ELINFONET.com - June 17, 2010
The Fair and Accurate Credit Transactions Act of 2003 (FACTA) is best known for allowing consumers to annually request and obtain one free credit report from each of the nationwide consumer credit reporting companies (Equifax, Experian and TransUnion), as well as for creating new compliance obligations designed to reduce identity theft. However, the FACTA also amended the Fair Credit Reporting Act (FCRA) to, among other things, require federal agencies to implement new rules designed to increase the "accuracy" and "integrity" of information that "furnishers" provide to consumer reporting agencies.1 Consistent with this directive, on July 1, 2009, the Federal Trade Commission (FTC) and several other federal agencies (including the Federal Reserve Board and the Federal Deposit Insurance Corporation) issued a joint Final Rule that imposes additional regulatory requirements on businesses, including employers, that provide consumer information to consumer reporting agencies.2 The final rule is effective July 1, 2010.

Form 5500 E-Signature Option - HR.BLR - June 17, 2010
(6/17) Starting this calendar year, retirement and welfare plans required to file an annual Form 5500 or 5500-SF must file electronically using the DOL's Employee Benefits Security Administration's (EBSA) EFAST2 electronic filing system. Now, the system has a new e-signature option, the EBSA recently announced.

Did His Medication Disable Him? - HR.BLR - June 17, 2010
(6/17) A morbidly obese Pennsylvania employee was prescribed both a weight loss drug and a laxative. As a result, he spent so much time in the restroom that his employer became dissatisfied with his work. The worker accepted a "voluntary"layoff, but then he sued for violation of his rights under the Americans with Disabilities Act (ADA).

Supporting disabled employees - The Industry Radar - June 16, 2010
A review of support offered to employees with a disability can be an effective tool in raising awareness and understanding of physical and mental health issues among staff, as Bangor University discovers.

Moving Up and Moving Out - The Industry Radar - June 16, 2010
A few links for your humpday: The New York Times provides a toolkit for women seeking a raise and an opportunity to move up within their company. The New York Times also provides a toolkit for making yourself indispensable regardless of your gender in this Career Couch Q&A The Associated Press via Yahoo! News says that more employees are jumping ship as a sign the economy is improving (H/T Wendy) And, lastly, from EW, who says you can't be promoted in The Office?(THIS IS ONLY A PREVIEW. PLEASE CLICK THE LINK ABOVE OR CHECK OUT ASTRON'S BLOG AT http://astronsolutionsworldofhr.blogspot.com/ FOR THE FULL ARTICLE)...

7-Eleven taps Softscape for HR talent management - The Industry Radar - June 16, 2010
NPNweb.com - Found 56 minutes ago Softscape announced that 7-Eleven, Inc., is deploying its Softscape for Retail talent management solution to manage its approximately 30,000 ...

10 Things HR Won’t Tell You When Interviewing - The Industry Radar - June 16, 2010
So often when we look for jobs, we are perplexed about how to behave during an interview. There really are some things to be aware of, we may fidget, we may be nervous, but we have control over some things during an interview, so let’s tackle those easy, no brainer items we can control. We are completely in control of [...]

When employee complaints fall on deaf ears - The Industry Radar - June 16, 2010
Too many managers believe that handling an employee complaint means listening politely and offering advice on how to make things better. But failing to investigate a complaint or misdiagnosing the severity of the problem can cost a company dearly. Read on to learn one of the most common mistakes managers make when dealing with employee complaints.

Three steps to make a new hire productive - The Industry Radar - June 16, 2010
The Management Tip of the Day offers quick, practical management tips and ideas from Harvard Business Review and HBR.org (http://www.hbr.org). Any opinions expressed are not endorsed by Reuters.

Fistful of Talent: Onboarding: Bottling Up the New Hire Mojo - The Industry Radar - June 16, 2010
Monday mornings you'll typically find me spending the first few hours of my day with new hires. Sure, I'm usually a little bleary eyed for the first 15 minutes of any Monday... no one likes saying goodbye to the weekend....

Are Your Values Delivering Value? - The Industry Radar - June 16, 2010
Nearly every organization I've ever encountered has an articulated set of values. Some are downright inspiring. The questions are: Do they matter? Do they really mean something? Do they deliver value of any kind? Or are they just pretty words,...

Management Tip of the Day: 3 steps to make a new hire productive - Reuters India - The Industry Radar - June 16, 2010
Reuters India...

As Recession Wanes, More Employers are Focusing on Talent Management - The Industry Radar - June 16, 2010
Good news about the economy may be inconsistent and hard to find, but here’s a little bit that might give you some hope: employers say they are planning to reshape their talent programs because they anticipate there will be more …

Seeing Around the Earth – That’s a Manager’s Job - The Industry Radar - June 16, 2010
Did you know that you can’t see around the earth? Of course you did. The earth isn’t flat. The curvature of the earth stops you from seeing all the way around. Don’t ask me why I thought of this the other day, but if you are about 6 feet tall you can only see about 3 or 4 miles before the curve of the earth makes it impossible to see further. That’s the horizon –...

Strategies on How to Deal With the NLRB and Remain Union Free - The Industry Radar - June 16, 2010
With the prospects for the enactment of major labor law legislation looking ever dimmer almost two years into the Obama Administration, one might be inclined to declare the grassroots mobilization efforts and enormous sums of money spent by organized labor …

Is that Job Posting a Lie? - The Industry Radar - June 16, 2010
Dear Evil HR Lady,I recently applied for a Career Counselor/Coordinator position. I received a phone interview on a Friday as a preliminary to the in-person. During the conversation the interviewer admitted that it was more of a case manager position. That following Monday the position was retitled and re-posted as a Case Manager. This also happened previously when another agency posted an ad for an Office Manager, and during the interview I discovered that they really wanted an Payroll-HR/Office Manager. Both were non-profits, but is this the normal now? I thinking of withdrawing my candidacy for the former scenario because something just smells dishonest. Your thoughts?So, Is That Job Posting a Lie?...

Professional pride - no clowning about - The Industry Radar - June 16, 2010
Guru always thought it was just chip-on-the-shoulder HR types who had a bee in their bonnet about their professional reputation - but apparently not.More than 100 clowns recently marched down the main streets of San Salvador chanting 'real clowns are not criminals'. Not a statement anyone who's paid a tenner to see some sad old sod in white facepaint make a balloon animal will appreciate, but that's beside the point.The clowns were protesting against a dreadful slur, namely that they had been murdering bus passengers. Now while the clowns of El Salvador do regard passengers as captive audiences, they have to date drawn the line at shooting them. Not so the cunning criminals who donned clown costumes - complete with red shiny noses and oversized shoes, presumably - to hold up and kill an innocent traveller.So the real clowns decided to take their indignation to the streets in a bid to...

IRS Creates 401(k) Compliance Questionnaire. - ELINFONET.com - June 16, 2010
With a new compliance initiative, the Internal Revenue Service (“IRS”) has added another tool to assist the government in discovering non-compliant 401(k) plans. The IRS has created an electronic plan compliance questionnaire composed of nearly 70 questions that cover a broad range of compliance issues, such as the method of plan administration, participation rates, and nondiscrimination compliance. Recently, the IRS randomly selected 1,200 sponsors of 401(k) plans to complete the questionnaire.

HIPAA Training: An Often Underutilized Tool in an Organization's Effort to Prevent Breaches - ELINFONET.com - June 16, 2010
On February 17, 2009, the Health Information Technology For Economic and Clinical Health Act, also known as the“HITECH Act,” was signed into law. The HITECH Act was one of the provisions contained in President Obama’s American Recovery and Reinvestment Act (ARRA), which in addition to describing Federal initiatives designed to encourage the use of health information technology, made some significant changes to the existing Privacy and Security Regulations that are a part of the Health Insurance Portability and Accountability Act or “HIPAA.” These changes, many of which became effective in February 2010, include new rules regarding an individual’s right to receive an accounting of disclosures of their protected health information (PHI), provisions regarding business associate accountability and liability, and new limitations on the use and disclosure of PHI.

EMPLOYMENT TESTING AND UNINTENTIONAL DISCRIMINATION CLAIMS. - ELINFONET.com - June 16, 2010
For the second time in a year, the United States Supreme Court has ruled on whether civil service tests given to firefighters are discriminatory. Although the two opinions arise in the contexts of big city fire departments, they are significant for all employers who rely on standardized testing in the hiring process.

MIS-FIRING FOR MISCONDUCT. - ELINFONET.com - June 16, 2010
A client seeking advice about firing an employee who curses, throws things, or even makes threats of bodily harm expects a green light. A competent employment lawyer usually may oblige without significant risk. Usually.

BP Oil Spill Demonstrates Why Litigation Hold Instructions Are Invaluable. - ELINFONET.com - June 16, 2010
Anyone who works with me knows that I place a lot of emphasis on litigation hold letters. In the most general sense, litigation hold instructions are invaluable because they cause everyone involved to pause and think about what they are doing with relevant information. The primary purpose of litigation hold instructions is to make sure that evidence, whether it be a hard-copy document or an e-mail, is preserved. Litigation hold instructions can be used defensively (e.g., sending hold instructions to your team after a you have been altered to a potential for litigation) or offensively (e.g., sending instructions to your opponent to make sure that they dred life preserver rafto not despoil any evidence).

Obama Establishes Small Business Contractor Task Force - HR.BLR - June 16, 2010
(6/16) In a move aimed at enabling small businesses to "participate in the nation's economic recovery, including businesses owned by women, minorities, socially and economically disadvantaged individuals, and service-disabled veterans of our armed forces,"President Obama recently established an interagency task force?"The Interagency Task Force on Federal Contracting Opportunities for Small Businesses."

Good Documentation Trumps Stray Comment in Age Case - HR.BLR - June 16, 2010
(6/16) A federal court in New York dismissed an age discrimination claim by an employee who was told he was "too old"to do the job because the employer was able to show that the employee's disciplinary and performance issues had been well documented.

New Bill Would Establish Training Requirements for Supervisors - HR.BLR - June 16, 2010
(6/16) New legislation introduced in the House of Representatives would "provide for the establishment and authorization of funding for certain training programs for supervisors of Federal employees."The bill, H.R. 5522, also known as the Federal Supervisor Training Act of 2010, would require federal agencies to provide managers and supervisors with training within one year of their promotion. In addition, training updates would have to occur every three years. Another provision of the bill would require agencies to establish mentoring programs.

Employer’s consolidation of old and new disciplinary allegations was fair - The Industry Radar - June 15, 2010
The Employment Appeal Tribunal has held that it is not unfair for an employer to consolidate old and new disciplinaryallegations and deal with them all at a further hearing, provided that the employee agrees.&nbsp

Rethinking working arrangements for the World Cup - The Industry Radar - June 15, 2010
A World Cup policy could save employers some headaches over the coming weeks, suggests Jane Hobson, employment partner at Weightmans.

Implementing dress code procedures - The Industry Radar - June 15, 2010
Employers must ensure that staff are given clear and reasonable guidelines on any dress code, advises Sophie Whitbread, associate at Charles Russell.

Enough With The Big Hairy Goals -- Also Any Ideas About Assertive AND Effective Bosses? - The Industry Radar - June 15, 2010
I am continuing to dig into the details on my list at HBR of 12 Things That Good Bosses Believe. My post on point 3 appeared today, Having ambitious and well-defined goals is important, but it is useless to think...

Post-Vacation, On the Road Again, Posting - The Industry Radar - June 15, 2010
Back when there were only two or three of us bending your ear on employment and labor law related matters, I felt a weird compunction to announce when I was going to be on an extended trip with no posting. Now that employment law related blogs are both numerous and more importantly of extremely high quality, it seems much less important, and in fact somewhat grandiose. (Not to say that it wasn't before, I just feel differently about it now.)So, all last week I was enjoying Portland and the Oregon coast and the cool weather. The rain, well not as much, but it was better than the heat in Austin.Today, I am back on the (business) road again and was curious to see Workplace Diva's post, More Business Travelers Have Roommates.I am not surprised to find that more companies are asking employees to share given the economic ...

Workplace Bullying Karma? - The Industry Radar - June 15, 2010
Reports are now coming out that Meg Whitman, current California gubernatorial candidate and former eBay CEO, shoved a former employee. Whitman's campaign claims it was just a verbal altercation, but while the initial reports suggested that she shoved an employee....

Why Does Having Multiple Siblings Make You A More Effective Boss? - The Industry Radar - June 15, 2010
I just did a post about a new study that shows, among other things, that the best bosses are more self-aware than the worst. The press release had one tantalizing finding that intrigued me. Here it is: People with multiple...

The Best Bosses Are The Most Self-Aware: More Evidence - The Industry Radar - June 15, 2010
Good Boss, Bad Boss delves into many different hallmarks of great (and awful) bosses. But when people ask me what the central idea is, I say that the good ones are self-aware and the bad ones live in a fool's...

New Rules for "Grandfathered" Health Plans Released - The Industry Radar - June 15, 2010
If you like your current health plan provided by your employer, or more importantly, if you’re in HR or benefits administration and have any influence over the health plan your organization provides, you need to check out what the U.S. …

Don't overthink your social media efforts. Keep it simple, real and human. - The Industry Radar - June 15, 2010
Recently I spoke to a company who thought that they needed hundreds of folks participating in their social media marketing effort, like a grassroots political campaign.And then there was a company who thought they should just start pushing demo campaigns via social media channels.And lastly there was another company recently who took a completely clinical viewpoint of social media helping to drive website traffic and SEO.These are smart people who have...

The Fig Leaf Precedent Set by Stengart v. Loving Care Agency, Inc. - ELINFONET.com - June 15, 2010
On March 30, 2010, the New Jersey Supreme Court affirmed the intermediate appellate court's decision in Stengart v. Loving Care Agency, Inc., a widely followed workplace privacy case with national implications. In a unanimous opinion, the Supreme Court held that an employee had a reasonable expectation of privacy in her e-mail communications exchanged with her personal attorney through her web-based, password-protected Yahoo! e-mail account using her employer's computer.

Internship Programs Face Increased Regulatory Scrutiny. - ELINFONET.com - June 15, 2010
At this time of year, many firms take on interns, typically undergraduate students who perform a variety of tasks for the company. In many instances, these interns are unpaid or receive only a modest stipend. With the recent economic downturn, more companies than ever are tempted to use unpaid interns to supplement their existing paid workforce.

Are You Monitoring Your Employees’ Facebook Pages? - ELINFONET.com - June 15, 2010
Social-media searches by employers are all the rage when hiring new employees. Every time talk about social media, inevitably the discussion turns to the question, “Can I check a candidate’s Facebook page?” Last week, at my presentation to Delaware SHRM, this was the main topic of conversation—how to lawfully and ethically incorporate social-media searches in your background checks without setting your organization up for lawsuits and liability.

High Court Rules In ERISA Case. - ELINFONET.com - June 15, 2010
The U.S. Supreme Court recently handed down an opinion interpreting Section 502(g)(1) of the Employee Retirement Income Security Act (ERISA) to grant district courts discretion to award attorneys' fees to either party, not just to a prevailing party. However, the Court also ruled that a district court's discretion to award attorneys' fees is triggered only if the party applying for the fee award "achieved `some degree of success on the merits.'" The Court noted that achieving a "purely procedural victory" does not satisfy this standard.

Insubordinate Worker Did Not Meet Employer's Legitimate Expectations. - ELINFONET.com - June 15, 2010
A federal appellate court recently found that an employee who was fired for insubordination was not meeting an employer's legitimate business expectations after she engaged in arguments with her co-workers, the general manager, and the owner of the business. The Seventh Circuit Court of Appeals further found that the insubordination was a non-discriminatory reason that overcame the employee's claim that her termination was a "pretext" for discrimination.

Green Card Redesign - The New Card Will Be Green! - ELINFONET.com - June 15, 2010
On May 11, U.S. Citizenship and Immigration Services (USCIS) announced it will begin issuing a redesigned Permanent Resident Card, commonly referred to as the "Green Card." For the first time in over 30 years, newly-issued Green Cards will actually be green in color. The new card replaces the beige/tan card that has been used for the past several years. The new card incorporates several new security components, including storing biometric data and adding several features designed to prevent fraudulent reproduction of the card. Existing cards, produced in the older format, remain valid for the period indicated on the card. As individuals renew their Green Cards, the old cards will be phased out.

The Regulatory Avalanche From Washington, D.C. - ELINFONET.com - June 15, 2010
The federal government has served notice that it will soon be creating an avalanche of new regulatory and enforcement actions from Washington, D.C., which will place enormous new burdens on employers. Worse, several of the new regulatory strategies will mandate that employers, in effect, demonstrate and document their compliance with employment laws and regulations to all employees, which then can lead to federal enforcement actions, private lawsuits or union organizing.

Employers Must Provide "Reasonable Breaks" For Nursing Mothers. - ELINFONET.com - June 15, 2010
A new amendment to the Fair Labor Standards Act (FLSA) contained in Section 4207 of the Patient Protection and Affordable Care Act of 2010 (PPACA) provides that employers must offer "reasonable breaks" for nursing mothers. Under the new law, an employer must provide "a reasonable break time for an employee to express breast milk for her nursing child for [one] year after the child's birth each time such employee has need to express the milk."

NLRB: Is Electronic Voting on the Horizon? - ELINFONET.com - June 15, 2010
The National Labor Relations Board ("NLRB") has signaled that it is exploring alternatives to traditional manual paper-ballot elections. On June 10, the NLRB issued a "Request for Information" ("RFI") concerning a "Secure Electronic Voting Service."1 The RFI, which was issued by the NLRB's government procurement office, requests information on "industry solutions regarding the capacity, availability, methodology, and interest of industry sources for procuring and implementing secure electronic voting services for both remote and on-site elections."

Justices Ignite "Fire" In Disparate Impact Case. - ELINFONET.com - June 15, 2010
With Justice Antonin Scalia writing a unanimous opinion, the U.S. Supreme Court ruled in a case brought by a group of African-American firefighter applicants who alleged that the city of Chicago's applicant selection process had a disparate impact on African-Americans in violation of Title VII of the Civil Rights Act of 1964. Specifically, the applicants challenged the city's decision to exclude employment applicants who did not achieve a certain score on an examination - but not the city's decision to adopt that employment practice. The Court ruled that a plaintiff who does not file a timely charge challenging the adoption of a practice nevertheless may assert a disparate impact claim in a timely charge challenging the employer's later application of that practice so long as he or she alleges each of the elements of a disparate impact claim.

$1.8 million for Women in Non-Traditional Occupations - HR.BLR - June 15, 2010
(6/15) The U.S. Department of Labor (DOL) announced $1.8 million in funding to six organizations that provide women with training opportunities and career support for non-traditional occupations. The grant is funded by the Women in Apprenticeship and Non-traditional Occupations Grants program. The organizations are community-based and partnered with at least one Registered Apprenticeship program sponsor.

Employer-Sponsored Program Helps Boost Heart Health - HR.BLR - June 15, 2010
(6/15) Workers participating in a large employee health program experienced improvements in cardiovascular disease risk factors, which resulted in lower medical and hospital costs.

Redesigned Green Card - HR.BLR - June 15, 2010
(6/15) The redesigned Permanent Resident Card, more commonly known as the "Green Card,"incorporates several new security features, which are aimed at deterring immigration fraud, according to a statement from the U.S. Citizenship and Immigration Services (USCIS).

National Labor Relations Board Submits Request for Information on Possible Implementation of Off-Site Voting in Representation Elections. - ELINFONET.com - June 14, 2010
On June 9, 2010, the National Labor Relations Board (NLRB) issued a request for information (RFI) through the federal government's procurement website, in which the NLRB announced that it "is seeking industry solutions regarding the capacity, availability, methodology and interest of industry sources for procuring and implementing secure electronic voting services both for remote and on-site elections." (You can find the RFI in its entirety here.) More specifically, the NLRB has listed its requirements as "the acquisition of electronic voting services to support conducting secret-ballot elections to determine representation issues." The RFI goes on to note that the NLRB requires "a proven solution that supports mail, telephone, web-based and/or on-site electronic voting." Significantly, the NLRB has placed the deadline for responses to the RFI on June 29, 2010. This appears to indicate that the NLRB seeks to move quickly on this matter if it receives the information it is seeking.

Does Upgrading Systems Save Money? - HR.BLR - June 14, 2010
(6/14) According to Kent Cunningham, Unified Communications Manager at Microsoft Corporation, operating systems do matter in saving energy costs.

Quick Quiz: FLSA Overtime On Commissions. - ELINFONET.com - June 14, 2010
The blogosphere is providing mixed signals about how to figure commission overtime under the federal Fair Labor Standards Act. There is particular discussion on this point where Mortgage Loan Officers are concerned, now that the U.S. Labor Department opined in March that the "typical" one is non-exempt. However, the FLSA overtime principles are the same for any commissioned employee who is subject to that law's overtime requirements.

Many Small Employers Offer Executive Compensation to 10% or More of Employee Base - HR.BLR - June 14, 2010
(6/14) Seventeen percent of employers report that their organization provides at least some components of an executive compensation plan to 10% or more of its employee base, according to a recent survey of Executive Compensation practices by BLR. This figure was even higher among companies with less than one hundred employees.

Must His Claims Be Arbitrated? - HR.BLR - June 14, 2010
(6/14) A Kansas employee was fired, but he said it was because he had reported fraud in the employer's accounting of product sales. So he went to court, charging both retaliation and violation of his rights under the Sarbanes-Oxley Act, or SOX.

Labour turnover rates and costs: 2010 IRS survey - The Industry Radar - June 13, 2010
Latest IRS research investigates staff turnover and costs in the UK in 2009. We look in detail at voluntary resignation rates and total labour turnover rates according to region, sector and occupation, so that organisations can benchmark their own performance. 

Can Motivation Really Drive You Over The Edge? | Punk Rock Human ... - The Industry Radar - June 13, 2010
Punk Rock Human Resources . Anti-Establishment Career Advice. Home · HR Girl, Interrupted · Blogroll · See Me Speak! Other Publications · Punk Rock HR Employee Handbook. Can Motivation Really Drive You Over The Edge? ...

Death by Powerpoint - The Industry Radar - June 12, 2010
 Try to remember the last “non-numbing,” cinematic-quality Powerpoint presentation that you’ve enjoyed.  All too often, the presenter has a really good story to tell, but either does not have the time, inclination or savvy to juice up the presentation enough to captivate the audience.  Twenty-eight point Arial on white background is a sure recipe for a sea of bobbing heads.  Yes, the whole experience - especially in those cases...

The Tough Match of Young Workers and Insurance - New York Times - The Industry Radar - June 12, 2010
The Tough Match of Young Workers and Insurance New York Times “Ordinary” people didn't use Lotus Notes or PeopleSoft outside the office. It's not surprising, then, that younger people coming to a corporate environment ...

Information Overload Is Fact of Life - The Industry Radar - June 12, 2010
The information, available to the average individual at any given point in time, is one hundred thousand times what it was just a few decades ago.

Is This How You Solve Problems? - The Industry Radar - June 12, 2010
I'm sure I'm the last person in the world to post this video, but I swear I have seen situations just like this. Oh no! A Problem! Bad!My favorite part is where they wait for 3 hours to see if it gets better.As a caution, there is a very bad word near the end, which you all know ...

HR matters Don't treat human resources as DIY - Winnipeg Free Press - The Industry Radar - June 12, 2010
HR matters Don't treat human resources as DIY Winnipeg Free Press In fact, human resources starts and ends with your business. So, let's look at what a human resource role in your organization can do and why you should ...

Smoking out Impostors in job interviews - The Industry Radar - June 11, 2010
Hiring the wrong person costs you time, money, productivity and even your credibility. That's why it's so important to identify and eliminate impostors during the interview process. That's easier said than done because they look good on paper and they say the right words. But if you hire them, they'll fail miserably. Learn what you can do to prevent impostors from slipping through your net.

What Form Could Legalized Worker Pay Disclosure Take? What Would OUR Responsibility Be? - The Industry Radar - June 11, 2010
As many of you know, the Paycheck Fairness Act has been approved by the House of Representatives and discussed in the Senate. There's a good chance it will be considered before Congress takes its August recess. A post this week...

How NOT to handle a cocktail party - The Industry Radar - June 11, 2010
You know, I think there are guys in this world who just have a deathwish, that's all. It's the only way to explain what they do. Like, you know they're not stupid, because if they were stupid they'd have been killed or just plain expired a long time ago. And yet... they do stupid things. [...]

I love it when there's a whole lotta big sky pie thinking goin' on. - The Industry Radar - June 11, 2010
Yesterday we had a marketing call with a big global HR supplier. On the call was their CEO and his entire leadership team.The good news is -- the call went very well.What struck me was the CEO's vision, his clarity, his directness and his plan for the next five years and the role he envisions marketing playing in that plan.Well-defined and succinct, if not a little grandiose.But hey, able leaders must shoot for the sky pie. I prefer banana cream or...

The Road to Performance is Paved with Intentions – The Implementation Kind - The Industry Radar - June 11, 2010
While the road to hell may be paved with good intentions, performance can actually be improved based on good intentions. I’m not making any moral comment on whether goal attainment and hell are analogous – just that research shows this to be true. If you don’t follow Inside Influence you should. The blog/newsletter/site run by Influence At Work. IAW is the consultancy started by Dr. Robert Cialdini who authored “Influence – Science and Practice” –...

Checking Everything Off -- Except the Resistance to Change - The Industry Radar - June 11, 2010
Errors and omissions of the most ordinary and preventable kind kill thousands of patients every year in hospitals throughout the developed and developing worlds. A simple solution exists to this problem, argues Atul Gawande in his most recent book, The Checklist Manifesto: How to Get Things Right. A surgeon and a journalist, Gawande shows just how effective checklists can be to reduce the damage caused by human fallibility in industries including medicine, construction, aviation and others where the work environment depends on complicated processes, technology and equipment. So why aren't checklists used in every operating room and ICU? The answer is simple: In the existing medical establishment, too many doctors don't like to be told what to do. Add one more box to the checklist -- the need for cultural change.

Employers Responsible For Employee Online Behavior (pdf). - ELINFONET.com - June 11, 2010
Few businessowners realize thatthey can be heldresponsible for whatemployees say aboutthe company’s products or services when the employee is using social media like Facebook, MySpace, Twitter and personal blogs. However, under recently issued federal regulations, that’s precisely the case.

Early Retiree Reinsurance Program Draft Application, Instructions and FAQs Available; Final Application Expected Late June 2010. - ELINFONET.com - June 11, 2010
Designed to address the decline in the number of employers providing health coverage to early retirees, the Early Retiree Reinsurance Program reimburses participating employment-based plans for a portion of health benefit costs for early retirees and their spouses, surviving spouses, and dependents. An early retiree is a non-active employee who is at least 55 years old and not yet eligible for Medicare. The program covers self-funded and insured plans, including plans sponsored by private employers, governmental employers, unions, and other employers.

States Must Permit Unionizing of Local First Responders under Proposed Federal Legislation. - ELINFONET.com - June 11, 2010
Sweeping legislation is pending in Congress that would usurp the authority of states to manage their own public safety employees. The Public Safety Employer-Employee Cooperation Act (PSEECA) would guarantee collective bargaining rights for state and local public safety officers.

Important Update for E-Verify Users: Program Redesign and Required Tutorial. - ELINFONET.com - June 11, 2010
U.S. Citizenship and Immigration Services is launching a redesigned E-Verify interface to take effect June 13, 2010. USCIS promises the new format will provide enhanced security, usability, accuracy and efficient.

10 Tips for Managers of Telecommuters - HR.BLR - June 11, 2010
(6/11) At CBIA?s 2010 Sustainability Conference in Hartford, the Connecticut Department of Transportation?s Commuter Services offered the following reminders to help you successfully manage your telecommuters in any state.

Nurse Strike in Minnesota Ends - HR.BLR - June 11, 2010
(6/11) Around 12,000 nurses in Minnesota went on strike yesterday. Nurses from 14 hospitals stood in picket lines protesting staffing shortages. Today, thousands of nurses returned to work today hoping that their employers received their message.

Senate OKs Telework Bill - HR.BLR - June 11, 2010
(6/11) Telecommutingopportunities for federal workers would be expanded under the Telework Enhancement Act of 2010 (S. 707), which was recently approved by the Senate. "This winter's snowstorms highlighted the need to develop flexible work arrangements to make sure the government can function during disruptive events. The bill requires agencies to create telework policies and incorporate those policies into their continuity of operations planning,"said Sen. Daniel K. Akaka (D-Hawaii), one of the bill's sponsors.

My job is to hold the umbrella so the shit from above doesn't hit you. Your job is to keep me from having to use it. - The Industry Radar - June 10, 2010
This quote comes from a boss named "gschaadt " who wrote a comment in response to my post (with the great picture) on A Shitty View of the Pecking Order. The complete comment is I always tell the people who...

Insider: FASB Decides to Recodify U.S. Accounting Standards - The Industry Radar - June 10, 2010
At its June 3 meeting, the Financial Accounting Standards Board (FASB) voted to approve the “FASB Accounting Standards Codification” as the single source of authoritative nongovernmental U.S. generally accepted accounting principles (GAAP). The codification project required a structural overhaul to change from a standards-based model to a topically based model. The codification was launched on July 1, 2009, and takes effect for interim and annual periods ending after Sept. 15, 2009, when it will supersede all existing accounting standard documents.

Insider: Compensation Guidance for TARP Companies - The Industry Radar - June 10, 2010
The U.S. Department of the Treasury issued interim final regulations interpreting the restrictions imposed on executive compensation by the American Recovery and Reinvestment Act of 2009 (ARRA) and their interaction with previous iterations of Troubled Asset Relief Program (TARP) guidance. These regulations resolve many gray areas, generally in favor of TARP participants. For example, the rules eliminate President Obama’s proposed $500,000 cap on pay, clarify that commissions are not prohibited bonus payments and expand the definition of stock-based compensation that can be granted in lieu of other incentive compensation.

And the winners are: - The Industry Radar - June 10, 2010
Sorry for the delay. Evil Marketing Man has been traveling, but I have the winners now. Please send me an e-mail at evilhrlady at gmail dot com with your address (and real name) and our New Yorker Friends will send you your calendar!Here are the winners:Charles for the stupid grade inflation policyDilletaunt for the policy of calling back Katrina victims every hourMonkey for her no calendars policy (who thinks this stuff up)Teri for her brilliant response to the pantyhose policyandAnonymous for the no e-mail Friday Haiku.Thanks for playing!

Boss Posts Ranked First, Second, and Tenth on HBR's Most Read List - The Industry Radar - June 10, 2010
As I wrote here a couple weeks back, I started blogging (again) over at Harvard Business Review a couple weeks ago and I kicked things off with a list of 12 Things That Good Bosses Believe, and will spend the...

6 Success Factors from Arnold Schwarzenegger | tell-a-few.com ! - The Industry Radar - June 10, 2010
Arnold Schwarzenegger gave a speech at the Graduation Ceremony of University of Southern California. He talks about how he became successful and what were his success factors. He shares 6 rules of success that he found helpful in his ...

Is GM's Culture Really Changing, Or Is It Just More Hot Air? - The Industry Radar - June 10, 2010
The BP fiasco has made many of us even more cynical about the difference between what executives and their spin doctors say about their management styles and organizational cultures versus what is actually happening. With that caveat in mind, I...

how should employers respond to parents job-searching for their kids? - The Industry Radar - June 10, 2010
In response to a recent post on parents who job-search on their kids' behalf, one anonymous commenterleft this question:I am hiring - albeit only summer positions for teens - but have had several responses from parents on their kids behalf. I don't know how to respond. I want to contact the parent and ask them to let their kids apply, but now I am asking if this is more acceptable today when the kids are first looking for work. For young healthy teens, I don't think it's ever appropriate for a parent to find a job for their child.I beg you, do not indulge these parents in this practice.I recommend politely telling the parent that if the kid is interested, she should apply herself. If the parent pushes, add that you need to deal...

Engaging Questions - The Question is the Answer - The Industry Radar - June 10, 2010
I'm delighted to be included in the new ebookover at the Employee EngagementNetwork.Have patience with everything that remains unsolved in your heart. Try to love the questions themselves, like locked rooms and...

Retention Institute Founder to Discuss What Drives Retention ... - The Industry Radar - June 10, 2010
Whether it be international hr relations or strategic talent management , SHRM is sure to cover full spectrum of HR functions, and at this years' SHRM Conference Retention Institute founder and author of “Rethinking Retention in Good ...

New ABF Study: Only 6% of Plaintiffs Get Discrimination Claims to Trial, Settlements Modest - The Industry Radar - June 10, 2010
The ABA Journal reports today about a press release from the American Bar Foundation: When people think of employment discrimination suits, big-name class action cases like the recent record-breaking filing against Wal-Mart tend to come to mind. But individual suits...

Hewitt Strengthens Executive Compensation Consulting Business With Senior ... - MarketWatch (press release) - The Industry Radar - June 10, 2010
Hewitt Strengthens Executive Compensation Consulting Business With Senior ... MarketWatch (press release) ... and administer a wide range of human resources, retirement, investment management, health care, compensation, and talent management strategies. ... and more »

Management and HR need to merge in the middle, become one another and serve the customer. - The Industry Radar - June 10, 2010
No, I'm not suggesting that HR pros get MBA's or take hours of bland classroom tests about business best practices.But I am suggesting that they learn how to run a business, to outsource the administrative and compliance minutiae, to actually apply business principles realtime, and to truly be a strategic leader along with the rest of the leadership team.We need only to look...

Hustle, Not Talent - The Industry Radar - June 10, 2010
I believe in hustle.Hustle to me is a state of mind. It is a combination of working hard and working quickly. You make mistakes quicker, you make adjustments quicker and you have success quicker. Not only that but once you find success, you sustain that success through continuing the cycle.Hustle doesn’t take a college degree [...]

Health Care Reform Act Provides Ample Grant Opportunities. - ELINFONET.com - June 10, 2010
The health reform legislation signed into law in March provides a significant number of direct and indirect federal grant funding opportunities for medical providers, hospitals, home health agencies, nursing facilities, colleges and universities and employers. Under several of the grant programs, state and local government and non-profit entities are "flow-through" entities through which eligible applicants can apply for federal grant funding.

NLRA Rights Posting Requirement for Federal Contractors Effective June 21, 2010. - ELINFONET.com - June 10, 2010
NLRA Rights Posting Requirement for Federal Contractors Effective June 21, 2010: Understanding the New Requirement and Explaining It to Your Workforce

Supreme Court Gives Plaintiffs Multiple Opportunities (Potentially) to File Timely EEOC Charges Alleging Disparate Impact Discrimination. - ELINFONET.com - June 10, 2010
In Lewis v. City of Chicago, the U.S. Supreme Court unanimously held that plaintiffs alleged a cognizable claim of disparate impact discrimination under Title VII when one filed a charge of discrimination within 300 days1 of their employer, the City of Chicago ("City"), using an alleged discriminatory employment practice in a hiring decision. In this case, the City adopted an alleged discriminatory employment practice by allowing only firefighter candidates ranked as "well qualified" (those scoring 89 or higher) – rather than "qualified" (those scoring between 65 and 88) – to be selected for hire. The plaintiffs in Lewis alleged this employment practice in subsequent selection rounds disparately impacted approximately 6,000 "qualified" African American applicants.

OSHA Update on Safety of Oil Spill Response Workers - HR.BLR - June 10, 2010
(6/10) The safety of oil spill workers is still a top priority, according to the Occupational Safety and Health Administration (OSHA). There are still thousands of workers involved in the cleanup operations in the Gulf region.

New, Improved DOL Tools Make Recruiting Easier - HR.BLR - June 10, 2010
(6/10) The U.S. Department of Labor (DOL) has improved an online tool for veterans and created a new tool to help employers understand which federal disability and discrimination laws apply to their organization.

After the Buzzer: How Time on the Field Helps Women in the Workforce - The Industry Radar - June 9, 2010
Sports advocates have long insisted that playing sports in school contributes to a child's success later in life. But does playing sports help people become more successful, or are successful people just more likely to play sports? New research from Wharton takes a step towards answering the question, offering empirical evidence that athletic participation leads to more education and better employment opportunities.

BP's Slippery Slope: The Dangerous Disconnect Between Rhetoric and Reality at a Time of Crisis - The Industry Radar - June 9, 2010
BP's flawed handling of the environmental crisis in the Gulf of Mexico is creating an identity crisis for the company, according to management professors Hamid Bouchikhi of the ESSEC Business School in France and John R. Kimberly of the Wharton School. The two wrote about BP's equally faulty treatment of the 2005 explosion at the Texas City refinery in their book,The Soul of the Corporation: How to Manage the Identity of Your Company. Now they offer six steps that BP should have taken to mitigate the damage -- and that other companies should consider when it's their turn to cope with crisis.

ADA: Perfume leads to expensive disability settlement - The Industry Radar - June 9, 2010
Could perfume use by a co-worker really be the basis for an ADA claim? You might not think so, but one manager learned the hard way that even seemingly innocuous claims can't be ignored. Read on to learn what happened and how this ADA claim lead to a $100k settlement.

Not Either But Both: Connecting Employees to Their Work AND Rewarding Them Effectively - The Industry Radar - June 9, 2010
For as long as I've worked in this field, there's been an ongoing debate about intrinsic versus extrinsic rewards. Years earlier, it was driven by Alfie Kohn's Punished By Rewards. Today, the debate rages anew with Dan Pink's Drive. Although...

Why Carly and Meg will succeed - The Industry Radar - June 9, 2010
The business of America is business, as Calvin Coolidge once observed. And never has that been more clear than this morning, where two former business executives have moved one step closer to political power. Both Meg Whitman, former head of eBay and Carly Fiorina, the lapsed HP honcho, won their primaries and are prepared to sweep into [...]

Two thirds would work for free to save a friend's job - The Industry Radar - June 9, 2010
Whatever next? According to a survey by Adecco General Staffing, 60% of people would work without pay for a short time to save their workmates' jobs. Those over 55 years old were most likely to agree while 18-34 year olds were...

HR's Role in the Evolving Work Environment - The Industry Radar - June 9, 2010
Previously he lead his own change and leadership consultancy, and was a 16 year executive of The Coca-Cola Company holding a variety of executive roles focused on building organizational capabilities and driving talent management ...

Employers brew up new ways to recruit talent - Globe and Mail - The Industry Radar - June 9, 2010
Globe and Mail Employers brew up new ways to recruit talent Globe and Mail And then there's what human resources specialists refer to as the “employer brand,” which gives prospective employees a taste of what the work environment ... and more »

Why onboarding is vital « Dorothy Dalton - The Industry Radar - June 9, 2010
There will also be an impact on revenue during the period the position is open and in any subsequent onboardingprocess which can take up to a year. The company want you to hit peak efficiency as early as possible and should be doing ...

Swearing at Work - The Industry Radar - June 9, 2010
You have a great employee who occasionally says some naughty words. Should you ask him to stop or ignore it?...

Brain scanning candidates will have to wait - The Industry Radar - June 9, 2010
We've all sat through an interview where the candidate is dodging the question or being evasive. And perhaps disciples have hired someone who turns out to be quite different from what they seemed at first glance. So how to know for sure?A brain scan should do it. At least one US company is offering scans to employers recruiting staff; research suggests the technology can show whether a person is lying if certain areas of the brain 'light-up'. However, killjoy American courts have already rejected attempts to use them in legal cases.Last month, a court in New York rejected a scan in the case of a woman who claimed she no longer received decent assignments from a temp agency after she complained of sexual harassment. A co-worker at the agency claimed he heard a supervisor say the woman should not be placed on jobs because of the complaint.That ...

Agencies Issue Interim Final Rules Concerning Dependent Coverage. - ELINFONET.com - June 9, 2010
On May 10, 2010, the Employee Benefits Security Administration ("EBSA") of the Department of Labor, along with the Departments of the Treasury and Health and Human Services released Interim Final Rules implementing the extension of dependent coverage for children up to age 26, as required by the Patient Protection and Affordable Care Act ("PPACA" or "health care reform"). The EBSA also released a Fact Sheet and Frequently Asked Questions ("FAQs") that describe the extension of dependent coverage. The Interim Final Rules can be viewed at the following website: http://www.dol.gov/ebsa/pdf/dependentcoverage.pdf. The EBSA's Fact Sheet is available at: http://www.dol.gov/ebsa/newsroom/fsdependentcoverage.html, and the FAQs are available at: http://www.dol.gov/ebsa/faqs/faq-dependentcoverage.html.

Insurance Web Portal Guidelines Issued by Health and Human Services. - ELINFONET.com - June 9, 2010
The Patient Protection and Affordable Care Act requires the establishment of an internet web site through which individuals and small businesses may obtain information about insurance coverage options that are available to them in their state. On May 5, 2010, Health and Human Services issued an interim final rule that provides the timeline for when the web portal will be established and the information that will be contained on the website. The web portal will be rolled out in two phases – the first on July 1, 2010, and the second phase on October 1, 2010. Thereafter, the web portal will be updated periodically as changes are implemented with regard to the insurance coverage options. The web portal will contain general educational information regarding insurance terms but also morespecific information on health insurance coverage offered by private insurers, Medicaid coverage, children's health insurance programs, state health benefits high risk pool coverage, coverage under the high risk pool created by Health and Human Services and coverage within the small group market for small businesses and their employees.

Worker Reclassification: Potentially Dire Consequences When Converting to Employee Status. - ELINFONET.com - June 9, 2010
In prior Alerts, we have addressed both the IRS' employment tax audit initiative that is currently underway and the worker classification issues that will play a key role in those audits. Because any company having service providers (regardless of size or industry) is an audit candidate, every such company should consider conducting a self-examination regarding worker classification. If classification issues are identified in the self-examination, the company should consider taking certain steps, possibly including either a reclassification of the individual or a change in the facts and circumstances under which such individual provides services to the company.

Health Care Reform Enacted...Now the Learning Curve Begins - ELINFONET.com - June 9, 2010
This article discusses the Patient Protection Act as modified by the Reconciliation Bill

National Survey Finds Public Supports Immigration Reform. - ELINFONET.com - June 9, 2010
A recent national survey by ImmigrationWorks USA confirms that the U.S. public strongly supports immigration reform. ImmigrationWorks USA (a national organization advancing immigration reform) surveyed 800 likely U.S. voters to discover the public's sentiment on immigration reform. The survey results showed that U.S. voters clearly recognize that today's system is broken and unworkable. An overwhelming 89% of voters agreed that the current immigration system needed reforming, including 69% thought that America's current immigration system needed "Major Reform." The survey was conducted over three days in May of 2010.

Top Small Company Workplaces 2010. - ELINFONET.com - June 9, 2010
Some small businesses have managed to come out on top—despite the difficult economy. In this month’s edition of Inc. Magazine 20 small businesses are celebrated as the Top Small Company Workplaces.

Business Reorganization at "Can-Am Widgets": A Case Study of Layoffs in the United States and Canada. - ELINFONET.com - June 9, 2010
One of the challenges facing employers with employees located in multiple countries is how to implement necessary business reorganizations while complying with each country's employment laws. In this issue of True North (a newsletter published by Littler Mendelson with contributions by other members of Ius Laboris), we consider a situation where a company needs to lay off employees in both the United States and Canada, highlighting the key differences in termination procedures, as well as tips for drafting a Canadian employment agreement that minimizes liabilities in the event of termination.

Career Opportunities Websites Still Valuable, Even in Poor Economy - HR.BLR - June 9, 2010
(6/9) Maintaining and improving a website for career opportunities can be expensive, and results are not always immediate, but a recent survey supports the value of this strategy. Potentialpark Communications surveyed around 2,500 U.S. students and recent and found that 80 percent of the respondents visited an organization's career website page when searching for jobs. The respondents also ranked who they considered had the best career webpages.

Extending Benefits to Disabled Workers Could Save Billions - HR.BLR - June 9, 2010
(6/9) The U.S. Congress Joint Economic Committee (JEC) has released a report showing that the federal government could save more than $23 billion by extending unemployment benefits. The report, titled Extending Unemployment Insurance Benefits: The Cost of Inaction for Disabled Workers, focuses on labor force participation for unemployed disabled workers.

When You Do?and Don?t?Need To Engage in the ?Interactive Process? - HR.BLR - June 9, 2010
(6/9) Under the federal Americans with Disabilities Act (ADA) and California law, employers are required to engage in an "interactive process"with disabled employees who need accommodation to determine which accommodations are both feasible for the employer and helpful to the employee. The 9th Circuit Court of Appeals, which covers California, recently found that employers must engage in the interactive process only with employees who are legally disabled. To avoid potential liability, though, employers should continue to take this important obligation seriously.

HRmarketer's New HR Buyers Guide. Create/Update Your Free Listing! - The Industry Radar - June 8, 2010
We believe our recently updated HR Buyers Guide is the most comprehensive online.But you decide.We've introduced some really cool enhancements to HRmarketer's HR Buyers Guide in the HR Directory. Create/update your listing todayand syndicate your content. It's Free.Located here, ...

Dismissing an employee following sickness absence - The Industry Radar - June 8, 2010
Dismissal - even after a lengthy absence - is unlikely to be regarded as a proportionate response, advises Claire Reddington, solicitor at Davis Blank Furniss. 

Retail ergonomics and employee wellbeing - The Industry Radar - June 8, 2010
As the retail sector turns to technology to reduce workforce and boost profit, Occupational Health magazine examines the ergonomics that will play a big part in employees' health and wellbeing. 

Who needs employees anyway?: Going Door to Door: Talent at UPS ... - The Industry Radar - June 8, 2010
According to Amy Whitley, vice president of human resources at UPS, promoting from within defines UPS's approach to talent management ; any given employee of the international shipping company has likely learned it from the ground up. ...

Four Square for Human Resources « The HR Technologist - The Industry Radar - June 8, 2010
Four Square for Human Resources . No Gravatar. This week I've decided to devote the entire week of new and creative ways in which HR can take advantage of emerging technologies. To help demonstrate the point, today I wanted to talk about ...

HR departments dont have the information to make crucial decisions - The Industry Radar - June 8, 2010
allows users to access and manage talent data as part of the everyday talent management processes of hiring, onboarding, conducting performance reviews and creating development plans for employees

MANAGEtoWIN Dashboard For Best Practices Offers Easy-to-use Employee ... - Eworldwire (press release) - The Industry Radar - June 8, 2010
MANAGEtoWIN Dashboard For Best Practices Offers Easy-to-use Employee...

Job Seeking Tips for College Graduates - The Industry Radar - June 8, 2010
Reconsider Location and Size of Target EmployersWhile job prospects are more hopeful than last year, 2010 graduates won’t have it easy, and students on the hunt really need to keep two things in mind: location and size. Be Open to Relocation According to Betsy Richards, Director, Personal Brand Strategy at Kaplan University, recent grads [...]

New I9 Documents « Employee Onboarding - The Industry Radar - June 8, 2010
The OnboardingExperience. About Jay Torrence. Posted by: Jay | June 8, 2010. New I9 Documents. New I9 Docs For Use In Employment ... Categories. offboarding · onboarding· Uncategorized. Browse. Monthly Archives, June 2010, May 2010 ...

Is the PC a buggy whip? - The Industry Radar - June 8, 2010
There was some discussion last week at the All Things Digital conference about the PC being the next great gizmo to be consigned to the garbage dump of history. In the future, it is thought, we will all be tethered to the great teat of the collective mind by some teeny implement that is smarter [...]

How to Win a Job Interview in a Competitive Market - The Industry Radar - June 8, 2010
The ChallengeAccording to a recent article published in the Wall Street Journal, nearly 17 percent of people ages 20 to 24 are unemployed. This includes many recent college graduates — even Ivy-Leaguers — that know what they want to do with their lives but are simply unable to connect the dots and obtain that [...]

How to Make New Employees Feel at Home - Inc.com - The Industry Radar - June 8, 2010
Each fresh recruit is matched with an ambassador, who may hail from any part of the company. An ambassador spends at least 12 hours the first week acclimating a new hire to all things Van Meter, which includes introducing the new person to every ...

Article - Give yourself an edge - The Industry Radar - June 8, 2010
From The Sunday Business Post:GIVE YOURSELF AN EDGE...

Workplace Trauma and Self-care for the HR Professional - Site Headlines - June 8, 2010
When an employee dies, there is an natural disaster, layoffs, violence or an accident at work HR is on the front lines. Distressed employees look to HR for emotional support and practical answers . The HR professional has to deliver bad news, arrange funeral details and deal with grief stricken employees and family members. HR is also impacted by the event, often has a personal connection with the affected employee and needs to manage their own reactions to trauma. Caught up in the windstorm of trauma it is easy to put everyone else’s needs before your own self-care. Being exposed to the anxieties and reactions of others without attending to self-care increases susceptibility to secondary traumatic stress and impacts effectiveness.

Mercer Forms Strategic Alliance With Peopleclick Authoria to Deliver First-of-Its-Kind Human Capital Connect(SM ... - The Industry Radar - June 8, 2010
Supports Business Performance of Customers Worldwide by Uniting World-Class Human Capital Managment Content With Leading Talent Management Technology

Don't Set Sales Goals in Your 2010 Sales Incentive - The Industry Radar - June 8, 2010
I don’t know if the economy is recovering or not. Based on yesterday’s market performance (or the day before that – or the day before that – or the day … oh, you get the point) my guess is that we’re a bit further away from any big rebound than we thought a few weeks ago. However, I have heard sales and marketing folks saying things are better in 2010 than they have been. You’ll...

The HR GURU: Minimum Wage Increase - Effective 1 July 2010 - The Industry Radar - June 8, 2010
A pragmatic HR blog, providing guidance on Human Resources , Human Capital, Training and Development, Leadership, performance, management and any else to do with successfully managing people! ...

Networking has to begin somewhere - The Industry Radar - June 8, 2010
seekers: Play up your skill set: Leyendecker and Sigman point out that those who have worked in the human-resources world have a long set of skills. 'From team-building to knowledge of health care to an understanding of the business in which you work, we

Big Bad Bob's Tube strike relief for sweaty staff - The Industry Radar - June 8, 2010
A Tube strike is never met kindly by London's long-suffering commuters, however one that comes in the height of summer can be a blessing in disguise. So perhaps disciples shouldn't be too upset that Tube maintenance workers have voted in favour of going on strike(again).Bob 'Crowbar' Crow, leader of the RMT union, is flexing his muscles again, ordering comrades to walkout as soon as they change the biscuits in the staff canteen. To be fair, bosses have replaced custard creams with Rich Teas - always a controversial move.Only joking, Guru is sure the strike is about something very serious like pay or jobs, but it seems barely a month goes by without Big Bad Bob stirring up trouble and workers downing tools. Can you imagine being the HR director sitting across the negotiating table from Bob ...

Mergis Group HIRE Intelligence Survey Reveals Accounting &Finance ... - The Industry Radar - June 8, 2010
Houston Business Journal - Found 3 hours ago ... in recruiting for positions in finance and accounting, engineering and manufacturing, sales and marketing, legal and human resources. Mergis Group HIRE Intelligence Survey Reveals Accounting &Finance ... - Biz Journals Mergis Group HIRE Intelligence Survey Reveals Accounting &Finance ... - Business Review Albany Mergis Group HIRE Intelligence Survey Reveals Accounting &Finance ... - Washington Business Journal Mergis Group HIRE Intelligence Survey Reveals Accounting &Finance ... - Memphis Business Journal Explore All

Human Resources: Generous from the Get-Go - The Industry Radar - June 8, 2010
Amy Reid was a dyed-in-the-wool marketing professional until 2002, when she and husband Reid Carr launched Red Door Interactive , a $10.4 million company that helps clients with their Internet strategies. In one fell swoop, Reid became both an entrepreneur and a human-resources director. (She won the San Diego Business Journal's HR Professional of the Year award in 2008 and 2009.) Reid talked to ...

NO UNION, NO PROBLEM? - ELINFONET.com - June 8, 2010
Employers that operate without a union probably do not devote much time or resources to compliance with the National Labor Relations Act (NLRA or Act). There are, after all, many other employment laws to worry about.

Timeline of Health Insurance Reform. - ELINFONET.com - June 8, 2010
There's a lot of information about the new health care reform acts on the Internet and in the news – much of it vague, some of it incorrect, and most of it overwhelming. The acts are very complex, of course, which is reflected in the reports. While several of the changes will be effective in 2011, most of the changes in the law won't take effect until 2014. The provisions with delayed effective dates will be clarified in future regulations and some of the provisions may be changed or repealed before they become effective.

Copa Mundial: World Cup and the Workplace. - ELINFONET.com - June 8, 2010
On June 11, 2010, the largest sporting event in the world begins. For four weeks, football, or, as we call it in America, soccer, will take center stage as the world's best players and teams compete in South Africa for the World Cup. Soccer fans will be riveted...at home, in bars and restaurants, and, yes, in the workplace. As muffled shouts of "GOOAAAALLLLLL" permeate the office or manufacturing facility, employers may be concerned about how best to deal with this global party and distraction.

Stay Healthy and Safe in the Summer, Says NIH - HR.BLR - June 8, 2010
(6/8) The National Institutes of Health (NIH) highlighted June as a month for people to eat better and get active. The NIH suggests several ways for people to take advantage of the warm weather, which can easily be included in work schedules, such as...

Hiring Outlook for Third Quarter Positive, Surveys Report - HR.BLR - June 8, 2010
(6/8) Hiring in the third quarter of 2010 is expected to be stable and possibly increase, according to recent surveys. Two separate surveys were conducted on the topic, one by Manpower Inc., and another using the Robert Half Financial Hiring Index.

should I call out an HR person for lying to me? - The Industry Radar - June 7, 2010
A reader writes:I recently applied for a city government communications position for which I was perfectly qualified. They asked me last minute to fly out for a four-person panel interview and even went as far as rearranging the panel date so that I could make it, even after I suggested an initial Skype interview at their original time to ensure neither of us wasted time if I was not a proper fit. All in all, I spent hundreds of dollars out of pocket to fly there last minute, rearranged my professional schedule, took a vacation day and completed an at-home lengthy written exam, in addition to a 45-minute writing sample on-site before the grueling interview process (in which one of the consultant from another city who was helping guide them on hiring this new position kept yawning, looking away and even left the room in the middle of the interview for several minutes).When all was said and done, I had to follow up multiple times over the span of...

HRTechTruth: HR technology implementations -- fewer reasons to fail - The Industry Radar - June 7, 2010
Steven Goldberg: After spending the 80's and 90's heading-up HR/HCM Systems &Talent Management processes for Investment Banks in the U.S. and Europe, and co-founding 2 boutique HR consultancies, I became Global Head, Product Strategy ...

10 Wise Comments from Wally Bock - The Industry Radar - June 7, 2010
As I was writing my last post about lists, I ran into some great comments from Wally Bock and wove them into the post. Wally is an experienced consultant, coach, speaker, and management writer and he writes a great blog...

The Fishbowl Flies… | HR Fishbowl - The Industry Radar - June 7, 2010
Proud to be a Top 10 Talent Management Blog Fistful of Talent Blog Ranking; follow my posts from SHRM Expo 2010 blogging; Goings-On in the Fishbowl Twitterverse. HR Fishbowl Rants About… #TrenchHR Accounting Beer Board of Directors ...

Absenteeism Doctor Offers Rx for Unplanned Lost Work Days - The Industry Radar - June 7, 2010
Absenteeism Management is one of the biggest challenges facing HR executives. Few companies know the true cost of absenteeism

The Daily Briefing – June 7, 2010 - The Industry Radar - June 7, 2010
Punk Rock HR – Laurie RuettimannMonday Morning HR Humor: Rue McClanahan Cat PartyEarly this morning, Laurie posted a video of Blanche Devereaux from The Golden Girls having a cat party. All that Laurie writes about the video is, “I don’t know what to say about this.” Although the video does not have much to do [...]

Feds kill tech job program for foreigners - CBC.ca - The Industry Radar - June 7, 2010
Feds kill tech job program for foreigners CBC.ca So Human Resources and Skills Development Canada is cancelling a program that simplified the process of hiring foreign workers. Companies looking to fill ...

How Employers Find the Best Talent in the Communities They Serve - Talent Management Tech - The Industry Radar - June 7, 2010
How Employers Find the Best Talent in the Communities They Serve Talent Management Tech A growing portfolio supported by Tarsus Online Media, features educational and networking products in the talent management , HR and recruiting sector ...

New Bank of America Class Action for FLSA Overtime - The Industry Radar - June 7, 2010
Reuters reports that a national class-action suit has been filed in Kansas City against Bank of America. The suit, on behalf of 180,000 workers at the bank's retail branches and call centers, alleges that employees were not paid for overtime...

Cold Showers and Incentive Planning - The Industry Radar - June 7, 2010
Ever take a shower with the knob turned to ALL cold water? How about with the knob at ALL hot water? Neither of those options sounds very pleasant and in fact could cause a 3rd degree kind of harm. Ouch! I’m also betting that in some cases you want a shower that is hotter than normal – say when your back is bothering you or when you want to relieve some stress. In other cases...

Too old? Or too qualified? - The Industry Radar - June 7, 2010
Is telling an applicant he or she is "over qualified for the job" just code for "you're too old"? It's an argument plaintiff's attorneys will make in cases where experienced workers are passed over in favor of their younger, less experienced counterparts. Read on and find out where the courts draw the line between legitimate business reasons and age discrimination.

HR teams don't have access to the data they need to make important decisions - The Industry Radar - June 7, 2010
allows users to access and manage talent data as part of the everyday talent management processes of hiring, onboarding, conducting performance reviews and creating development plans for employees."

Talent@Work: Focus on HR soft issues ensures value after a merger - The Industry Radar - June 7, 2010
Yet, the four composite indices where participants gave their organizations highest marks were productivity, value creation, business integration, and customer focus, while the four bottom-rated indices were talent management , ...

ERP systems 'can make HR more efficient' - Codestone - The Industry Radar - June 7, 2010
ERP systems 'can make HR more efficient' Codestone Writing for Talent Management , Ted Simpson claimed the software can be especially appealing for education institutes. The specialist noted a school's HR ...

"I've Landed My Dream Job–Now What???" | A Different Kind of Work - The Industry Radar - June 7, 2010
Yes, but most focus on simple “onboarding” where they ensure you have access to company systems and corporate benefits. They don't look at all if the job is right for you and rarely focus on what management needs to do to incorporate ...

Unemployed? Then Don't Bother Applying - The Industry Radar - June 7, 2010
The blogosphere is in a tizzy over job postings that specify no unemployed people should apply. Go read why you should stop freaking out.

Employment Agency Owners in Georgia Indicted - The Industry Radar - June 7, 2010
The employment agencies--New Fuzhou, Zhong Mei and Lucky--allegedly placed the workers in mainly restaurant jobs in South Carolina, Pennsylvania, Tennessee, Mississippi and Georgia, according to the U.S. Attorney's Office.

How Employee Assessment Can Optimize Your Work Force - The Industry Radar - June 7, 2010
Andrea Watkins writes articles for Kenexa, a company providing Employee Assessment tests that selects the best performers based on experience, skills, abilities, personality and culture fit. Their assessment solutions can be used as ...

Zappos - Delivering happiness - The Industry Radar - June 7, 2010
    I’ve been reading Tony Hsieh’s book, Delivering Happiness(like all of my book reviews, based upon a free advanced copy of the book). Who?For those who don’t know (and there’s still a high proportion of HR people in Europe and elsewhere who don’t), Hsieh is CEO of Las Vegas based online shoe retailer, Zappos, now owned by...

Real Life is Analog - The Industry Radar - June 7, 2010
Not Digital.We all love digital.  It makes our lives easier and faster.  But I’m not sure we all have an appropriate understanding of what digital and analog really mean.  The fact of the matter is that we don’t live in a digital world.  Our world is purely analog.  We just have digital processes that happen [...]

Interns: Experience or exploitation? - Toronto Star - The Industry Radar - June 7, 2010
Interns: Experience or exploitation? Toronto Star A 2004 publication by the Cultural Human Resources Council, a sector council supported by Human Resources and Skills Development Canada that addresses the ... and more »

Because one size does not fit all people, customize « First Friday ... - The Industry Radar - June 7, 2010
Instead, market leaders like Best Buy, Procter &Gamble, Google, The Container Store, and W. L. Gore &Associates are getting maximum performance from their employees by taking an individualized approach to talent management , ...

Eliminate the Highs and Lows - The Industry Radar - June 7, 2010
One of the all time college basketball coaching greats John Wooden died at the age of 99 this weekend. Since there is nothing really untimely or tragic about a man who had lived a full and successful life to the old age of 99, I thought it might be appropriate to talk about one of [...]

The Art of Efficient ERP - Talent Management - The Industry Radar - June 7, 2010
The Art of Efficient ERP Talent Management In 1999, the college addressed these challenges by deploying PeopleSoft Enterprise software to automate many manual administrative tasks. ...

Administration Says to Organized Labor: “Welcome Back to the White House.” - ELINFONET.com - June 7, 2010
Almost 14 months after President Obama signed several executive orders governing the labor relations of federal contractors, the Department of Labor issued a final rule implementing Executive Order 13496 and a Notice of Proposed Rulemaking to implement Executive Order 13495. Each of these orders reverses policy previously enacted by former President George W. Bush. The Executive Orders discussed in this article require federal service contractors to offer continued employment to workers already on the job as employees of a predecessor federal contractor and require conspicuous posting of federal labor laws in federal contractors' and subcontractors' workplaces.

As Economic Storm Starts to Pass, Another Crisis Looms for Employers - HR.BLR - June 7, 2010
(6/7) As part of their succession planningefforts, HR professionals typically identify candidates, rank them by readiness for more senior roles, and compile a list of potential new leaders. But few take "the next big leap,"according to America's Top Coach®Stephen Xavier.

Workers'Comp for an Illegal Immigrant? - HR.BLR - June 7, 2010
(6/7) A Louisiana pipefitter fell onto his back while welding on a ship's inclined wall. His pain gradually worsened until he was no longer able to work without undergoing back surgery. But his employer discovered he was an undocumented immigrant and stopped paying his medical expenses. He filed a claim for workers'compensation, which the employer fought.

Creativity: Give Them Something to Argue About - The Industry Radar - June 6, 2010
Counterdependence: The act of overcompensating as a result of feeling very dependent and subconsciously moving in the opposing direction. Think "teenagers". Once teenagers figure out the rules, they begin to look for creative ways to break them as a way...

Four Succession Planning Blunders to Avoid | CEB Views - Finance ... - The Industry Radar - June 6, 2010
In fact, it remains one of the top obstacles to effective talent management at the top levels of a company. Be on the lookout for these four most common pitfalls and some tips on how to avoid them. ...

Honoring the Bright Lights of HR - The Industry Radar - June 6, 2010
Every year, the Cable and Telecommunications Human Resources Association honors companies and individuals who have exhibited the most exemplary execution of HR strategies and programs with the Excellence in Human Resources Awards.

Brilliant brain foods - Gwinnett Business Journal - The Industry Radar - June 6, 2010
Gwinnett Business Journal Brilliant brain foods Gwinnett Business Journal But, the ultimate indulgence for an at- work brain food snack is cacao. Use it as an excuse to eat more chocolate, it sharpens your mind and boosts ...

6/6/10: Leadership Reading to Start Your Week - The Industry Radar - June 6, 2010
Here are five choice articles from the business schools, the business press and major consulting firms to start off your work week. I'm pointing you to articles about Patagonia, failure, measures of success, a company without a headquarters, and the World Cup.

How to Cultivate Beneficial Employee Relationships in a ... - Associated Content - The Industry Radar - June 6, 2010
Easy New Employee Orientation Tips Onboarding "newbies" to your organization should be a relatively stress free process. Here are some tips in getting started. Tips for a Successful Employee Orientation It is a huge step for an employee to start a ...

Happiness a Problem? Stop that happiness! #zappos - The Industry Radar - June 6, 2010
I just watched a story on the CBS Sunday Morning show about Zappos and CEO Tony Hsieh, author of Delivering Happiness (good read, BTW, I coincidentally bought it yesterday and got immediately hooked on the story and Tony's writing style)....

Successfactors internet rating systems – Robert's blog - The Industry Radar - June 6, 2010
Any rating system to be successful should take into account these three successfactors. A unsuccessful rating system is even worse than having no rating system. It confuses users and sets wrong expectations leading to disappointment. ...

Reboarding with Confidence | BETTER RESULTS FASTER - The Industry Radar - June 6, 2010
Almost no one is unconsciously competent at onboarding. Almost no one does it enough to get to that level. Almost no one would want to. What people should strive for is conscious competence. Don't wing it. Think it through in advance. ...

Rejuvenate. Refresh. Renew. An HR Possibilities Event « Archer ... - The Industry Radar - June 5, 2010
Ann-Marie Archer, Archer and Associates and Healing Garden; Deborah Huyer, Business Coach and Talent Management Leader; Dr. Melody Ivory, Melody Ivory, Inc. Curt Rosengren, The Passion Catalyst. Check out our HR Possibilities blog and ...

Two Best Ways to Achieve Personal Success - Personal Success Factors - The Industry Radar - June 5, 2010
... than finding your course as you believe you bob aimlessly in the current. Wouldn't you know that your path was there all along, waiting for you to knock...like a photograph coming into focus." URL: www.personal-success-factors.com ...

Outsourcing Human Resource Management ? Benefits To Your Business ... - The Industry Radar - June 5, 2010
Human Resources Inc. is a human resource management firm in Florida, USA since 1997 offers a wide range of payroll service, HR management, PEO services, retirement plan services, medical and supplemental insurance administration. ...

A New Name for Human Resources | Punk Rock Human Resources - The Industry Radar - June 5, 2010
Here's a question from a real HR person. Unlike me. Laurie, do you have a good name for an HR dept that includes Staffing, Sourcing, Employee.

Taleo and HRhome Join Forces - The Industry Radar - June 5, 2010
WorkforceLogic: Is an innovative workforce management company that provides software and services focused on risk mitigation, talent acquisition management, and contingent workforceplanning. HRhome: Is an online resource for HR ...

Motivating a team by hiding the Benjamins - The Industry Radar - June 4, 2010
At the beginning of ESPN's broadcast of last night's Game 1 of the NBA Finals, sideline reporter Doris Burke filed a story about how Boston Celtics head coach Doc Rivers motivated his team to make it to the Finals. Back...

Global Professionals Should Be Fluent In Multiple Languages and Cultures - HR.BLR - June 4, 2010
(6/4) In order for U.S. employers to be competitive with other international organizations, it will be important to institute widespread foreign language learning in the elementary grades, a situation that doesn?t currently exist in many U.S. school systems. In the meantime, however, The Language Flagship Program is providing intensive experiences in language, culture, and practical experience to college students enrolled in the programs at 19 U.S.-based participating institutions of higher learning.

What Employers Can Learn from the Novartis Lawsuit. - ELINFONET.com - June 4, 2010
Pharmaceutical giant Novartis recently defended a class action lawsuit filed by thousands of its female sales representatives alleging discriminatory treatment in pay and promotions. It was the largest gender discrimination case ever to reach a jury verdict.

DOL Clarifies Status of "Administrator Interpretations". - ELINFONET.com - June 4, 2010
As we previously reported, the U.S. Wage and Hour Division says that it will no longer provide substantive responses to fact-specific requests for interpretation submitted by employers or other individuals. At the recent DOL "Stakeholder Forum" in which Fisher &Phillips participated in Washington, D.C., officials indicated that this position includes requests that were pending at the time the new policy was announced.

DOL Issues Final Rule on Notification by Federal Contractors of Employee Labor Law Rights. - ELINFONET.com - June 4, 2010
The Department of Labor's Office of Labor Management Standards (OLMS) published a final rule on May 20, 2010, implementing Executive Order (EO) 13496: Notification of Employee Rights Under Federal Labor Laws. This EO mandates that all government contracting departments and agencies include a provision in most government contracts stipulating that the contractor post a notice "in all places where notices to employees are customarily posted both physically and electronically," informing them of their rights under the National Labor Relations Act (NLRA). In turn, covered contractors are required to include a similar provision in subcontracts that are necessary to the performance of the government contract and in an amount in excess of $10,000.

DOL Regulation Requires Federal Contractors to Post Notice of Unionization Rights. - ELINFONET.com - June 4, 2010
Federal contractors and subcontractors are now required to inform employees of their rights under the National Labor Relations Act (NLRA), the primary law governing relations between unions and employers in the private sector.The President signed an executive order in January 2009, which has now become a Department of Labor regulation effective May 20, 2010.

Racially Hostile Work Environment or Not? - HR.BLR - June 4, 2010
(6/4) Seven African American employees in Tennessee charged that the factory where they worked was pervaded by racist comments, graffiti, epithets, and insults. In 2006, they sought to sue the employer in a class action by current, former, and future African American employees. Their suit has been in court off and on ever since.

Domestic Workers'Bill of Rights: New York Passes Legislation - HR.BLR - June 4, 2010
(6/4) New York became the first state to pass legislation that provides domestic workers with basic labor protections. The state Senate passed the legislation, S 2311, also known as the Domestic Workers'Bill of Rights, in a 33-28 vote. The bill sets out the responsibilities of employers and employees as well as rules for paid holidays, paid vacations and standard overtime, as well as other labor standards common in other federally protected industries.

BigToys Insources Its Way To A Comeback - Forbes - June 3, 2010
When Tim Madeley got the call to rescue his first employer, he came up big.

my mom is embarrassing me with my boss - The Industry Radar - June 3, 2010
A reader writes:My mother and my boss are casual email acquaintances. They've also met in person, and my boss has given her some contract work over the last few months I've been here. So they have a relationship that is not-friendly but not quite professional either. I don't mind that he gives her work, because she's job-seeking and could use the cash, and he's a laid-back guy who is willing to help my family any way he can. That's not my issue at all.My birthday was on Saturday of last week (the 29th). Today, I went into my mother's email at her request to find something for her while she was away from home. I got what she needed, and then happened to notice a gmail snippet between her and my boss (you can see the beginnings of conversations in gmail without opening the actual email) in which she actually REMINDED HIM that my birthday was on Saturday. I must confess, I opened the email at that...

Is it always Christmas morning or a humdinger of a 5th birthday party for you and your customers? - The Industry Radar - June 3, 2010
So the first thing I see this morning on Facebook is one of my friends "liking" this page:We do not stop playing because we are old; we grow old because we stop playing.And then I immediately thought of these two things:Are you excited when developing new products and services to release to the world?Are your customers, prospects, influencers and the media excited to hear about (and eventually to use) the new products and services you're releasing to the world?...

Talent: Smart Heart Or A Well-Bred Head? - The Industry Radar - June 3, 2010
We are enamored of intellect and expertise. Yet, when we look at those who are asked to leave organizations, it's often the people who are "brilliant." The problem? That "light of brilliance" shines down on the individual but isn't reflected...

Drug Taking HR Manager - The Industry Radar - June 3, 2010
I need some advice. What should you do if you see your boss take drugs(prescription pain killers that do not belong to her) and your boss is the HR Manager?There are a couple different answers to this question. The first answer assumes this is an ongoing problem. If she's regularly popping prescription pain killers that belong to other people (who?) and you're sure it's not just an old jar that she keeps her Tylenol in (are you?), then I would document the heck out of it, and take it to her boss.I'm assuming since you've seen her doing this, she's doing it at work. Your workplace undoubtedly has a drug free work force policy (administered by, ironically, your boss).Once you've turned over your documentation to her boss, it's time to let it go. If you see her directly taking medicine out of a prescription bottle with somebody else's name on it, ...

Final word on HR's embarrassing names - The Industry Radar - June 3, 2010
Disciple Kirsten provides the final word on Guru's quest to find the workplace's most embarrassing name."When you just can't do any more work and want some light relief, why not make up a story? Anna Sasin was running after Hazel Nutt with Ray Gun when she tripped over Tim Burr. Ray sped on but fell into Doug Hole. Stan Still was stunned! Hazel was running as fast as she could, but she hit Barb Dwyer - Barb grabbed her but she managed to escape and was eventually saved by Barry Cade who was waiting for her nearby."Barry was in love with Hazel and managed to romance her after a long struggle with Will Power who lost the fight. They went to Helen Back together and after a big argument Helen gave them her blessing after Lee King persuaded her it was for the best to let Barry go. Paige Turner said it was a...

CedarCrestone’s HR Systems Survey - The Industry Radar - June 3, 2010
It’s that time of year again, for what Bill Kutik of the HR Technology Conference calls “the most thorough, highly respected and useful survey on technology usage in HR.”  Each year, I send out a link to the readers of systematicHR to fill out this thing.  The more respondents, the better the insights the entire [...]

Hospitality: Cooking And Cleaning May Be "Essential Job Functions" Even For Managers. - ELINFONET.com - June 3, 2010
A federal appeals court decision provides some significant insight into what courts may consider to be "essential functions" of restaurant managers, in a case that arose under the Americans with Disabilities Act (ADA). Richardson v. Friendly Ice Cream Corporation.

Multiple Embarrassing OSHA Citations: The Next Union Organizing Tactic? - ELINFONET.com - June 3, 2010
While many union organizers seem to have moved to D.C. to become lobbyists, UNITE/HERE, the SEIU, and other unions continue to aggressively campaign against hospitality employers. Campaigns are becoming even more nasty than in the past. Unions consciously harm the property's reputation and inflict costly wage-hour, discrimination, and OSHA costs that may weaken the employer's resolve.

New Arizona Immigration Law May Impact Workplaces Nationwide. - ELINFONET.com - June 3, 2010
Arizona's new immigration law, enacted on April 23, makes it a state crime for anyone in the U.S. illegally to be in the state of Arizona, and it requires police to arrest anyone who cannot produce proof of U.S. citizenship or authorization to be in this country. Although this law reflects current federal immigration law, it has generated considerable controversy.

No Raises this Year? 9 Secrets to Employee Retention in Difficult Times - HR.BLR - June 3, 2010
(6/3) Across the U.S., employers and employees alike are struggling. Organizations are fortunate if they experienced growth in 2009. Many are flat in growth or have declined and employers are faced with these tough choices...

Minor Slights, Inconveniences Are Not Discrimination - HR.BLR - June 3, 2010
(6/3) A jury ruled in favor of a postal worker on his discrimination and retaliation claims. On appeal, the court considered whether the worker showed he suffered any "adverse employment action,"a necessary component of his claims.

The Not-So-Back-Office | HR Fishbowl - The Industry Radar - June 2, 2010
Proud to be a Top 10 Talent Management Blog Fistful of Talent Blog Ranking; follow my posts from SHRM Expo 2010 blogging; Goings-On in the Fishbowl Twitterverse. HR Fishbowl Rants About… #TrenchHR Accounting Beer Board of Directors ...

10 Top Tips to Get a Job Using LinkedIn - The Industry Radar - June 2, 2010
There are other business networks and you might want to go and check them out, but none of them is as big and as well-known as LinkedIn (LI). Although there is a paid version of LinkedIn, most people use the free one and find that is enough for what they want.Many business people register and put up some sort of [...]

5 Ways to Screw Up Your Career - The Industry Radar - June 2, 2010
There are lots of ways to be successful. But there are a few ways that are almost guaranteed to destroy your career. I discuss 5 Ways to Screw Up Your Careerover at BNET.

NorthgateArinso Closes Convergys Deal - Private Equity Hub - The Industry Radar - June 2, 2010
NorthgateArinso , a KKR portfolio company that provides HR software and services, has completed its previously-announced acquisition of the HR management unit of Convergys (NYSE: CVG). The deal is valued at $100 million in cash, including an $85 ...

Motivation - just a bit more than carrot and stick? - The Industry Radar - June 2, 2010
Great talk here from Dan Pink with an interesting (although I did find it a bit distracting after a while) presentation style behind it....

Assume Competence - Assume Employee Engagement - The Industry Radar - June 2, 2010
I'm not going to recap everything but in a nutshell... Zappos made an error in pricing on one of it's sites - costing them $1.6 million dollars. The Director of Brand marketing addressed the error on their blog and the CEO Tony Hsieh added his two cents. @cvharquail posted a super discussion about this issue on her blog Authentic Organizations. To pull from her post:"Zappos did some problem analysis, they identified the systemic issue, leaders...

Emotional intelligence trumps technical know-how - Globe and Mail - The Industry Radar - June 2, 2010
Globe and Mail Emotional intelligence trumps technical know-how Globe and Mail ... employers by the Great Place to Work Institute Canada . William Greenhalgh, chief executive officer of the Human Resources Professionals Association, ...

Understanding ‘The New Standards’ in Executive ... - PR Inside - The Industry Radar - June 2, 2010
Companies are paying closer attention to executive compensation than ever before — in response to growing scrutiny from shareholders, the federal government and others. With stakeholders demanding closer alignment of pay and performance, boards and ...

Holidays Observed: The Standard Six ... &The Rest - The Industry Radar - June 2, 2010
I periodically get questions about the extent to which different holidays are observed by most employers, so I thought I'd share this information which comes via BLR's 2010 Survey of Paid Time Off Practices. The survey finds that the (approximately...

Great #Management Equals No HR and No OD? - The Industry Radar - June 2, 2010
I like this short and provocative post by the Renegade HR blog called, If Managers Did Their Jobs.... Chris is suggesting that much of what HR professionals currently do is really management. I have also thought that much of what...

Aligning Employee Performance - Human Resource Executive Online - The Industry Radar - June 2, 2010
Aligning Employee Performance Human Resource Executive Online In a global survey conducted by the Kenexa Research Institute, respondents said that receiving a performance appraisal had a significant positive impact on ... and more »

Metric Failure - Human Resource Executive Online - The Industry Radar - June 2, 2010
A lot of companies may believe it's important to measure whether they are effectively training and mentoring their employees, but far fewer are actually doing it. In fact, only two in 10 companies that have systematic talent-management practices in ...

Turning Around HR - Human Resource Executive Online - The Industry Radar - June 2, 2010
Turning Around HR Human Resource Executive Online ... redesigning jobs and organizations; developing strategic-workforce-planning solutions; and redesigning talent management and total-rewards systems that ... and more »

Examining HR Attributes - Human Resource Executive Online - The Industry Radar - June 2, 2010
The study -- by Peter Cappelli, director of the Center for Human Resources at The Wharton School of the University of Pennsylvania in Philadelphia, and Yang Yang, a post-doctoral Wharton fellow, in conjunction with PricewaterhouseCoopers -- documents ...

Gaming: A Mind is a Terrible Thing to Waste - The Industry Radar - June 2, 2010
I’ve been writing a lot about gaming and being an advocate for the learning activities that it promotes.  In many cases and for many games, there is active online collaboration, leadership, decision-making, team building, and project management going on.  The participants don’t necessarily know it’s happening, but it is.  However, while the players may be [...]

Busty blondes rake in more tips - The Industry Radar - June 2, 2010
Shock news from the hospitality world: Busty blondes get more tips. Important new research by boffins at New York's Cornell University has found that waitresses with blonde hair and large breasts receive bigger tips. So much for service with a smile, eh? Dr Michael Lynn discovered that the amount left in tips also increased with breast size. Those women with a DD or larger cup size received a larger percentage of the total bill, he said.Perhaps this impressive qualitative study can be used by HR teams as a basis for recruitment decisions in the hospitality and restaurant sectors? That is the type of positive action which gets Yours Truly interested.

The value of 2-tier ERP for small and large businesses - IT-Director.com - The Industry Radar - June 2, 2010
The value of 2-tier ERP for small and large businesses IT-Director.com There is no doubt that SAP is the world's largest provider of ERP software. According to the website www.erplists.com, it has about a third of the market. ... The Future of ERP: SAP , Plex and Rootstock ZDNet (blog) all 3 news articles »

Federal Contractors and Subcontractors: Hang 'Em High! - ELINFONET.com - June 2, 2010
Federal contractors and subcontractors are now required to post information in the workplace regarding workers' rights under the National Labor Relations Act (NLRA), according to Executive Order (EO) 13496 issued by President Obama in January 2009, and implemented into a Final Rule by the Office of Labor-Management Standards (OLMS) on May 20, 2010. The EO demands all federal contractors and subcontractors meet two requirements

When "inside" Witnesses Support the Other Side -- Recipe for an MDV. - ELINFONET.com - June 2, 2010
In a speech I have given about trying employment law suits, one of the first points is that not all lawsuits should be tried. And one of the things that would make me look twice is if there were a key witness, who appeared to have really good inside knowlege, who is not supporting my story.

Summer's Here And Dress Codes Are Feeling The Heat. - ELINFONET.com - June 2, 2010
Now that summer is upon us, you may be getting added pressure to relax your dress standards. Do you give in, or hold the line? Managers and H.R. practitioners are increasingly going with the latter approach, and here's why.

Don't Let OSHA Spoil Your Summer Fun. - ELINFONET.com - June 2, 2010
As summer approaches, companies begin preparing for morale-building activities such as company-sponsored picnics, amusement park outings and other activities meant to build camaraderie and reduce stress. But employers should remember that any injuries sustained during such company-sponsored activities may need to be recorded on their Occupational Safety and Health Administration (OSHA) injury and illness logs.

"What's Past Is Prologue." But Is It Binding? - ELINFONET.com - June 2, 2010
In our representation of employers with unionized work forces, we have seen a number of issues come up which cause employers needless hardship and expense, and which in our view could have been avoided by some thoughtful advance planning. Of course every work place is different with different personalities on both sides of the table and different relationships, all of which are important and all of which preclude the imposition of very many firm "laws" of labor relations. But there are some themes which arise which we believe can be of use for unionized employers to consider.

IRS Releases Further Guidance Regarding the Small-Employer Tax Credit - ELINFONET.com - June 2, 2010
On Monday, May 17, the Internal Revenue Service issued Notice 2010-44[1], which provides clarification and further guidance for the "small employer tax credit" that was added to the Internal Revenue Code by the Patient Protection and Affordable Care Act (PPACA). Section 45R of the Internal Revenue Code was added to provide a refundable tax credit to small employers that provide health insurance to their employees. According to the IRS the credit is supposed to provide an incentive for small businesses to provide – or continue to provide – health insurance coverage to their employees, who might otherwise go without coverage.

Physician's constructive discharge claim required only that a protected characteristic played a "motivating part" in hospital-employer's conduct. - ELINFONET.com - June 2, 2010
It is generally understood that employees can bring claims for hostile environment, wrongful termination, or even “constructive discharge” – where an employee claims that an employer made working conditions so intolerable that a reasonable employee would feel compelled to resign. What is less clearly understood is the extent of the economic damages for which a hospital or health care system may be liable in an employment-related lawsuit. Because a successful litigant in an employment case often is entitled to compensatory damages, lost wages and, in some instances, front pay, a lawsuit by a physician-employee can create the potential for large monetary damage awards. In a clear example of this fact, a Texas jury recently awarded more than $3.6 Million to an Egyptian-born physician who claimed that he was forced to resign after race-based comments from another employed physician

Glossary of HR Terms E-L - HR.BLR - June 2, 2010
(6/2) This glossary contains terms you may run across in your job, especially those terms with some legal connection. Not included are very common words or words that usually have their ordinary dictionary meaning.

Glossary of HR Terms M-R - HR.BLR - June 2, 2010
(6/2) This glossary contains terms you may run across in your job, especially those terms with some legal connection. Not included are very common words or words that usually have their ordinary dictionary meaning.

Glossary of HR Terms A-D - HR.BLR - June 2, 2010
(6/2) This glossary contains terms you may run across in your job, especially those terms with some legal connection. Not included are very common words or words that usually have their ordinary dictionary meaning.

Attracting and Assessing HR Talent - Human Resource Executive Online - The Industry Radar - June 1, 2010
Most business-savvy HR leaders are keenly aware that every new hire must noticeably upgrade the team. Yet when it comes to the HR department, often "the cobbler's children do not have shoes." When given the opportunity to attract, assess and select ...

Onboarding: Setting new recruits on course for success - Human ... - The Industry Radar - June 1, 2010
Stay informed about the latest news in Recruitment &HR across Australia and New Zealand. Sign up to recieve free daily email snipits from leading industry news sources and bloggers.,

Entrepreneur or Unemployed? - New York Times - The Industry Radar - June 1, 2010
Entrepreneur or Unemployed?...

CedarCrestone 2010 HR Systems Survey - The Industry Radar - June 1, 2010
    I’d like to invite my contacts and readers of Strategic HCM to participate in Lexy Martin’s / CedarCrestone’s 2010 HR Systems Survey.This is the 13th year of the survey, and although global in focus, it has previously tended to focus mainly on the US.  Lexy and I are hoping to involve more participants from the UK and Europe this year (participants should be from HR and IT management with knowledge of planned / existing HR technologies and from organisations in any sector but with over 500 employees).The survey is a comprehensive research effort designed to provide organisations...

Last chance to take part in our competencies benchmarking survey - The Industry Radar - June 1, 2010
Take part in our survey on competencies and receive a complimentary copy of the report when it becomes available, as well as a free copy of the IRS HR roles and responsibilities report immediately after you complete the survey.

Corporate Culture and High Status Chimps (Yeah, I’m Smirking) - The Industry Radar - June 1, 2010
How we celebrate and recognize specific behaviors has a big impact on whether those behaviors are mimicked and passed down and through our society and our organizations. And it is something we share with our relatives the chimps. Chimpanzees Model High Status Behavior A recent experiment with chimpanzees showed that when given examples of different behaviors modeled by chimps with “low status” and those with “high status” the observing chimps: “overwhelmingly preferred the technique used...

It's time for human resources to get creative, says HR Strategy conference - The Lawyer - The Industry Radar - June 1, 2010
The Lawyer It's time for human resources to get creative, says HR Strategy conference The Lawyer Human resources strategy is no longer just about managing redundancies; it now requires a creative engagement with a new legal world. ...

Even with rebound, many jobs likely gone for good - Toledo Blade - The Industry Radar - June 1, 2010
Even with rebound, many jobs likely gone for good Toledo Blade Robert Yerex, an economist at Kronos , a work force management company, estimates 20 percent of the lost retail jobs are never coming back. ...

Social mobility: Civitas explodes the myths - The Industry Radar - June 1, 2010
I'm not sure anyone needed to go to the trouble to explode the myth that the UK is 'meritocratic' - one look at the new government would have shot that theory to pieces. But Social Mobility Myths, a report published...

HR speak: Talent management - Management Today - The Industry Radar - June 1, 2010
HR speak: Talent management Management Today You may recall that talent management was all the rage during the boom years, as firms competed strenuously to hire the best and brightest recruits in the ...

Web Access Limits: Not Suitable for Work? - The Industry Radar - June 1, 2010
from a hangover regarding [the severe limits] employers initially put on employee Internet access,' says James Richards, a human-resources expert who authored a recent paper on the topic. 'If employers were more forward-thinking, they could probably find

Tattoos and Piercings Still Get Under Manager's Skin - The Industry Radar - June 1, 2010
Today's hiring managers tend to be from a generation when tattoos were limited to Marines, bikers, and gypsies. But that still doesn’t stop candidates from getting under the skin of hiring managers with almost any display of tattoos and piercings.

HUMAN RESSOURCES : Five Rules for Talent Management in the New ... - The Industry Radar - June 1, 2010
HUMAN RESSOURCES : Five Rules for Talent Management in the New Economy – Towers Watson. 2010/06/01 · Leave a Comment. Rule 1: There's never enough money. Invest differently to optimize results. Rule 2: If it doesn't measure business ...

Bullying As a Cause of Action - One Large Step Closer. - ELINFONET.com - June 1, 2010
As long time readers may remember, I have for a long time been concerned about a proposed cause of action for bullying. My first post about bullying goes all the way back to January 12, 2003, Newest Workplace Problem? Bullying?

Retail Industry: Multi-Location Retail Store Not "Appropriate" For Bargaining. - ELINFONET.com - June 1, 2010
The National Labor Relations Board (NLRB) recently held that a proposed bargaining unit of 32 Connecticut stores of Sleepy's Inc. was not an appropriate multi-location bargaining unit. The decision, by board members Leibman and Schaumber, provides insight into how a retailer's operations can impact the scope of a bargaining unit should organizing efforts take place.

Not a Hard Case: Supreme Court Resolves Conflict on Awarding Attorney Fees in ERISA Cases in Hardt v. Reliance Standard Life - ELINFONET.com - June 1, 2010
Resolving a long-standing conflict in the Federal Circuits, the U.S. Supreme Court in Hardt v. Reliance Standard Life, No. 09-448 (May 24, 2010), has held that a party need not "prevail" in its Employee Retiree Income Security Act (ERISA) litigation for a court to award the party attorneys' fees; rather, the Court held that a party in an ERISA case is eligible for a fee award if it achieves "some degree of success on the merits" in the litigation.

IRS 401(k) Compliance Check – Are You Ready? - ELINFONET.com - June 1, 2010
Approximately 1,200 randomly selected 401(k) plan sponsors received letters, sent during the week of May 17, from the IRS Employee Plans Compliance Unit asking them to complete a 401(k) Compliance Check Questionnaire.

Insubordinate Employee Does Not Meet Employer’s Legitimate Expectations. - ELINFONET.com - June 1, 2010
Unless an individual can prove that she is meeting the expectations of her employer, that individual cannot set forth the prima facie case necessary to support a claim of workplace discrimination. The 7th U.S. Circuit Court of Appeals has found that an employee who was fired for insubordination was not meeting an employer’s legitimate business expectations after she engaged in arguments with her co-workers, the general manager, and the owner of the business. The Court further found that the insubordination was a non-discriminatory reason that overcame the employee’s claim that her termination for insubordination was a “pretext” for discrimination.

Healthcare Reform Impacts Nursing Mothers: New Requirements for Employers - HR.BLR - June 1, 2010
(6/1) When the Patient Protection and Affordable Care Act (PPACA)was signed by President Obama, many, if not most employers did not know that the Fair Labor Standards Act (FLSA) (29 USC Sec. 207) was also amended to require employers to provide rest breaks and space for employees who are nursing mothers to express breast milk.

Beware of Bias Toward Caregivers - HR.BLR - June 1, 2010
(6/1) A Maine insurance employee asked for a promotion, but the higher-level job was given to someone else. The employee sued, citing several remarks made by the decision makers about her family responsibilities. Interestingly, all the people involved in this story are women.

Bullying As a Cause of Action - One Large Step Closer - The Industry Radar - May 31, 2010
As long time readers may remember, I have for a long time been concerned about a proposed cause of action for bullying. My first post about bullying goes all the way back to January 12, 2003, Newest Workplace Problem? Bullying? But later that year, my first mention of it as a cause of action was a post about a case decided in England, Can't Wait For "Bullying" Cause of Action to Cross the Atlantic. Four days later though, I had found mention of a proposed statute that would make bullying a cause of action, You Thought I Was Kidding About A Cause of...

boss encouraged me to apply for promotion, then wouldn't interview me - The Industry Radar - May 31, 2010
A reader writes:Recently, my manager decided to introduce a new position that would be in between my current position and his position, basically someone to make sure the daily job functions of me and my coworkers get done at the company's computer support desk. This position was opened to both internal and external applicants, and he encouraged both me and another coworker to apply. For some background, I've been with the company for 4+ years and have had many different responsibilities, as well as been depended upon to be one of the top service desk technicians. I have a total of 6 years experience in the field. My skills matched almost exactly what they were looking for, with the exception that I had a 2-year degree while they were looking for a 4-year degree.In any case, after encouraging us to apply, my boss refused to interview both me and my coworker, and now...

Health Care Reform – Dependent Coverage Regulations. - ELINFONET.com - May 28, 2010
As mentioned in a previous alert the Patient Protection and Affordable Care Act (PPACA) (signed into law on March 23, 2010) as modified by the Health Care and Education Affordability Act of 2010 (“Reconciliation Bill” and combined, “Health Care Act”) extended health care coverage to dependentsuntil age 26. On May 13, 2010, the Department of Health and Human Services (HHS) issued interim final regulations regarding this extended coverage for adult dependents. The dependent coverage rules are effective for the first plan year beginning on or after September 23, 2010. Therefore, calendar plan years must comply with the new rules beginning on January 1, 2011.

Retiree Reinsurance Program Regulations Issued. - ELINFONET.com - May 28, 2010
The Patient Protection and Affordable Care Act (PPACA) contained a new retiree reinsurance program for employers providing group health insurance coverage to early retirees. The Department of Health and Human Services has issued interim final rules that go into effect June 1, 2010. Under the program, employers who provide health insurance for early retirees may be reimbursed for 80% of the costs incurred and paid under the group health coverage for health benefits between $15,000 and $90,000 during the plan year. Applications for the program will become available in June, and because claims will be processed in the order in which they are received (and because the amount of funds made available for the program is limited to $5 Billion), employers should act quickly to claim their share of these funds. The program will expire on January 1, 2014, or the date the $5 Billion allocated for the program is depleted, if earlier.

Regulations Clarify Adult Child Health Care Coverage Mandate. - ELINFONET.com - May 28, 2010
The Patient Protection and Affordable Care Act, which was signed into law on March 23, 2010 and amended on March 30, 2010 by the Health Care and Education Reconciliation Act of 2010 (collectively the “Act”), significantly extended the period of time that children may remain covered under their parents’ health care plans. The Act requires health plans and issuers that offer coverage to children on their parents' plan to make the coverage available until the adult child reaches the age of 26. Such coverage is available regardless of the child’s dependent status for tax purposes. The legislation left unanswered questions regarding this extended coverage.

DOL Issues Final Regulations Requiring Federal Contractors To Post "Labor Friendly" Notice. - ELINFONET.com - May 28, 2010
The Department of Labor has issued Final Regulations implementing President Obama’s Executive Order 13496. The regulations impose two requirements on government contractors and subcontractors: (1) to post a specified notice of employees’ rights to join a union and engage in organizing activity; and (2) to include certain language in covered contracts and subcontracts. While the government calls the long-awaited Final Regulations “very, very balanced,” the required Employee Rights Notice is unquestionably “labor-friendly.” The new requirements go into effect on June 21, 2010.

Trifecta of Employment Law Cases. - ELINFONET.com - May 28, 2010
Jon Hyman of the Ohio Employment Law Blog writes a weekly post in which he rounds up some of the most important stories from around the web. This week, I’m going to follow Jon’s lead with a “best-of-the-web” edition of my own. There is so much happening in the world of employment law and human resources, it’s hard to narrow down my top choices for the must-reads. But I’ll do my best.

One of Largest Jury Verdicts in Gender Discrimination Class Action Awarded – What Lessons Can Be Learned - ELINFONET.com - May 28, 2010
As has been well-publicized, a jury in New York recently awarded $3.4 million in compensatory damages and $250 million in punitive damages in a gender discrimination class action against Novartis – one of the largest gender discrimination verdicts ever1– has provided a chilling example of the inherent risks of defending against a "policy and practice"discrimination class action fueled by anecdotal examples of isolated, inappropriate conduct The litigation is not yet over, as the remaining roughly 5600 women in the class now have the right to seek their own individual compensatory damages through an arbitration process, which could take another year to conclude. The plaintiff's counsel estimated that additional back pay awards could reach $1 billion or more. The judge can also order equitable relief, such as changes in Novartis' policies and procedures. Novartis continues to dispute the verdict and vows to appeal, and it is very possible that the verdict could be reduced through post trial motions or overturned at the appellate level.

What's the 'Worst Interview Mistake'? BLR Poll Reveals Employers'Opinions - HR.BLR - May 28, 2010
(5/28) The interview process is an important step to find and hire qualified employees that are a good fit for an organization. In a BLR poll conducted earlier this month, employers agreed that the worst mistake a candidate can make is arriving late. However, the poll shows slight changes to employers'opinions on the "worst interview mistakes"when compared to a similar HR.BLR.com poll from 2006.

How to Manage Up - Five Ways - The Industry Radar - May 27, 2010
I did a search for articles and blog posts about managing up to use for pre-work for a training session I have coming up. I did not find a great list that was also highly actionable, so I created a...

Podcast: Absence rates and costs; investigating misconduct - The Industry Radar - May 27, 2010
On this week's XpertHR Weekly: the results of the IRS 2009 survey on absence, which reveals the levels and cost of absence for employers and whether or not employers take account of many of the direct and indirect effects of sickness absence on productivity; and how employers should deal with disciplinary investigations that might lead to employees being dismissed, but which could also lead to other serious consequences such as deportation, police involvement or a ban on working in a sector or chosen field again. 

"People join organisations but leave managers" and more HR twadle - The Industry Radar - May 27, 2010
    One thing I did agree with Jack Wileyon, and was pleased to hear him say (because sometimes I’ve felt I’m the only one who does) was that the adage, ‘people join organisations but leave managers’, is a myth.  That the data just doesn’t back it up.Of course, there’s a lot more of these fallacies as well.  One of my other favourites is ‘you can’t manage what you can’t measure’.  It’s.  Not.  True.There are more of these in Jeffrey Pfeffer’s...

Social engagement – fact or fiction? - The Industry Radar - May 27, 2010
    In my end-of-day keynote at Kenexa’s Euro Summit,I talked about how the social aspects of an organisation play an important role in influencing the engagement levels of employees.I referred in particular to some of:...

Best Response to Resume Fraud: Defiance or Apology? - The Industry Radar - May 27, 2010
As previously noted (here and here), the controversy surrounding Richard Blumenthal’s run for the U.S. Senate in Connecticut provides the basis for considering what employers are sometimes faced with considering: resume fraud. It doesn’t appear that the controversy will end soon, so maybe more lessons about the subject are yet to come. Blumenthal did receive his party’s nomination this past [...]

Companies Which Self Insure For Employee Health Care – Can They Ask Specific Questions in Hiring? - The Industry Radar - May 27, 2010
In the “ObamaCare” Health Care Reform Law there is a section in there for very large companies and corporations who wish to self-insure for their employees health care plan. This sounds like an awfully hard thing to do for a Corporation to become their own health care insurance provider, but in reality it makes a lot of sense for a [...]

Trip Report: SilkRoad Connections Conference 2010 - The Industry Radar - May 27, 2010
I had the opportunity to do one of the keynotes at SilkRoad’s first user conference earlier this week. It is a cool experience to go to the first user conference for a vendor. The crowd was pretty good (I do...

SAP 'can leverage its resources' through acquisition - Codestone - The Industry Radar - May 27, 2010
SAP 'can leverage its resources' through acquisition Codestone SAP , the enterprise resource planning (ERP) systems provider, will improve its resources thanks to its recent acquisition of Sybase, it has been suggested. ... Sybase CEO Waited for SAP Bid He 'Couldn't Turn Down' BusinessWeek SAP begins tender offer for Sybase deal Philadelphia Business Journal Market Report -- In Play (SY) MSN Money all 5 news articles »

three years of Ask a Manager! - The Industry Radar - May 27, 2010
Ask a Manager turns three today. I have no idea how I've managed to keep finding topics to write about for three years or how you all manage to keep finding new twists on the questions you send in!Here are some of my favorite posts from the last year:How do you survive without a job?Combatting unhealthy power dynamics during a job search -- the ones in your headWhat bad job news were you later grateful for?Help! I'm getting confusing and conflicting resume...

Working with Idiots Can Kill You! - The Industry Radar - May 27, 2010
I always suspected this to be true. Of course, there is no Lindbergh University, nor did anyone do this study, but I fully believe it. I mean, death from head injuries sustained after beating your head against the wall must be at least a leading cause of emergency room visits, if not death.I know more than a few HR people who have been driven to insanity (or at least accounting) by some of the people we've dealt with.And, I blatantly lifted ...

Getting Your CFO to Buy Into Sales Training - Onboarding Recruits - The Industry Radar - May 27, 2010
Ask any CFO what their first impression is when they hear the words 'Sales Training' and they might communicate back their 'Real world' vocabulary of 'un-accountable' and 'un-measurable'.

What to do When OSHA Comes Calling on a Hot Day. - ELINFONET.com - May 27, 2010
OSHA recognizes that five to ten million workers are exposed to heat-related illnesses each year. Due to the beliefthat such illnesses are preventable occupational health hazards, effective March 23, 2010, OSHA established aRegional Emphasis Program (“REP”) for outdoor heat-related health hazards. The program applies to all worksites in Region VI, which is comprised of Arkansas, Louisiana, Oklahoma, Texas, and those worksites in New Mexico that are under OSHA’s jurisdiction. The REP is designed to prevent employees from developing heat cramps, heat exhaustion, and heat stroke.

High Court Decision Addresses Disparate Impact. - ELINFONET.com - May 27, 2010
In a unanimous decision, the Supreme Court held yesterday that a plaintiff who does not file a timely charge challenging the adoption of a particular employment practice may nevertheless assert a disparate impact claim that challenges the employer’s subsequent application of that practice. Lewis v. City of Chicago, No. 08-974 (May 24, 2010).

Health Care Reform – Reinsurance Program Regulations. - ELINFONET.com - May 27, 2010
As mentioned in a previous alert the Patient Protection and Affordable Care Act (PPACA) (signed into law on March 23, 2010) as modified by the Health Care and Education Affordability Act of 2010 (“Reconciliation Bill” and combined, “Health Care Act”) mandated the creation of a reimbursement fund in the amount of $5 billion to pay for the Early Retiree Reinsurance Program (“Reinsurance Program”). Under this program, group health plans will be reimbursed 80% of claims between $15,000 (“cost threshold”) and $90,000 (“cost limit”) for pre-Medicare retirees ages 55 to 64. On May 5, 2010, the Department of Health and Human Services (HHS) published interim final regulations for the implementation of this program. The Reinsurance Program is effective June 1, 2010 and ends on January 1, 2014 or earlier, if the $5 billion fund is exhausted prior to that date.

New Information-Posting Requirement For Federal Contractors and Subcontractors. - ELINFONET.com - May 27, 2010
Federal contractors and subcontractors are subject to a new posting requirement. Federal contractors and subcontractors (except for acquisition contracts worth less than $100,000 and subcontracts worth less than $10,000) have until June 21, 2010, to post a new notice telling their employees about their rights under the National Labor Relations Act (NLRA), the federal law that governs the relationships between private sector employers and unions. The posting describes the rights of employees to organize into unions and collectively bargain for a contract with their employer. It also describes union and employer conduct that is deemed to be unfair interference with employee rights, and tells employees to contact the National Labor Relations Board if they believe their rights have been violated.

Wellness Programs: What Do Workers Think? - HR.BLR - May 27, 2010
(5/27) Even as the dust of healthcare reform settles, it seems there is more disagreement than consensus. But there are some things most Americans agree about, and workplace wellness programs are among them. According to a survey of working Americans conducted recently by Workplace Options in conjunction with Public Policy Polling, the majority of respondents believe them to be a good idea. The full survey results are available at www.workplaceoptions.com/polls.asp.

Employees can sue over older policies - The Industry Radar - May 26, 2010
On Monday, the Supreme Court ruled that employees who failed to timely sue over the creation of a discriminatory policy may still be able to litigate the effects of that policy. The unanimous decision in Lewis v. City of Chicago...

The Shiny Object Problem - The Industry Radar - May 26, 2010
Like you, my weekdays typically consist of an endless series of conference calls and meetings. I run from place to place and call to call with barely time to breathe, clear my head and shift focus to the matter at hand. Days turn into weeks and before you know it a month has passed. You [...]

New model letters on disciplinary procedures - The Industry Radar - May 26, 2010
The XpertHR policies and documents service has been enhanced by the addition of model letters following a disciplinary investigation informing the employee that no disciplinary proceedings will take place, following a disciplinary hearing informing the employee that no disciplinary penalty will be imposed, and rescheduling a disciplinary hearing. 

Can Twitter Promote Itself into Profitability? - The Industry Radar - May 26, 2010
Last month, Twitter unveiled "Promoted Tweets," a new ad system the company hopes will turn the service into a profitable endeavor. Though much talked about, Twitter faces a set of intertwined business conundrums. How can it help businesses create a level of engagement with consumers that turns tweets into a useful tool for marketing and customer service? How can Twitter then parlay those efforts into a viable, income-producing strategy for itself? Wharton experts and others say finding a successful model for the Promoted Tweet is only one of the challenges the company must overcome to avoid the fate of former "next big things" like Netscape, Excite or Pets.com.

17 Things I Believe: Updated and Expanded - The Industry Radar - May 26, 2010
In gearing up for my next book, Good Boss, Bad Boss, I am putting together a list of "12 Things that Good Bosses Believe," which you will soon see on this blog and elsewhere. In the process, I took two...

Employers Preparing to Expand Wellness Efforts, Survey Finds - The Industry Radar - May 26, 2010
The most significant finding of the study is the recognition among employers of how critical the health of their employees is to the success of their companies.

Pull vs. Push: Publishers Searching for New Ways to Help Readers Discover their Content - The Industry Radar - May 26, 2010
In cyberspace, it's hard to push material in front of readers the way it has been done by a bookstore, a newspaper delivery boy or a mail carrier. But bookstores are disappearing. And readers often reject commercial e-mails from publishers. Many online readers use a search function when they want news or information rather than seek out a particular website. "We're moving to an environment where it will be about consumers pulling rather than publishers pushing a product," noted one participant at Wharton's recent Future of Publishing Conference.

Watch Out For The "Presenting" Problem - The Industry Radar - May 26, 2010
How many workplace issues are introduced to you as, "We've got a communication problem?" "Communication" Doesn't Communicate Communication is a catch-all phrase. It's generic, socially acceptable, and really just sends the signal that someone wants to start a conversation. But...

Bodie on Employee Stock Options - The Industry Radar - May 26, 2010
Matt Bodie (St. Louis University) has on Jotwell's Worklaw section his essay, "Deconstructing Stock Options," which reviews David Walker's, "The Non-Option: Understanding the Dearth of Discounted Employee Stock Options." From his introduction: In “The Non-Option,” David Walker expertly dissects one...

Supreme Court Holds that a Party Need Not be a "Prevailing Party" to be Awarded Attorney's Fees under ERISA § 502(g)(1). - ELINFONET.com - May 26, 2010
On May 24, 2010, the U.S. Supreme Court held that a court may award attorney's fees under ERISA § 502(g)(1) to either party as long as the fee claimant "has achieved some degree of success on the merits." See Hardt v. Reliance Standard Life Ins. Co. (May 24, 2010). In reaching this decision, the Court overturned a decision of the Fourth Circuit, which held that fees under this provision are only available to "prevailing parties."

Supreme Court Clarifies Charge Filing Requirements for Disparate-Impact Claims Under Title VII. - ELINFONET.com - May 26, 2010
On May 24, 2010, the Supreme Court held in Lewis v. City of Chicago, No. 08-974, that fire fighters alleging disparate-impact discrimination could assert a claim under Title VII of the Civil Rights Act of 1964 even though they had failed to file a timely charge of discrimination with the U.S. Equal Employment Opportunity Commission after the City's adoption of the challenged practice. Rather, the Lewis Court held that the question of whether the plaintiffs could pursue their action turned on the subsequent application of that practice. In so holding, the Court highlighted important differences in when claims of disparate impact — as opposed to claims of disparate treatment — must be brought under Title VII.

Opening the Door to Facebook: Severe Emotional Distress May be the Key. - ELINFONET.com - May 26, 2010
A well reasoned opinion by Magistrate Judge Debra McVicker Lynch of the Southern District of Indiana dealing with a request for information from what she dubs Social Networking Sites (SNS) should be a starting point for anyone who is seeking (or opposing) information from an employment law plaintiff's facebook or myspace profile. The 13 page decision in EEOC v. Simply Storage Management that was issued on May 11, 2010 is a textbook example of what a good discovery ruling should be.

Supreme Court Finds Firefighters' Disparate Impact Claims Timely. - ELINFONET.com - May 26, 2010
In a unanimous decision issued May 24, 2010, the U.S. Supreme Court held that plaintiffs complaining of disparate impact discrimination under Title VII filed a timely charge of discrimination with the Equal Employment Opportunity Commission (EEOC) because the charge was filed within 300 days of the employer's application of the allegedly discriminatory employment practice; the charge did not have to be filed within 300 days of the employer's adoption of the practice. See Lewis v. City of Chicago (May 24, 2010). Based on this determination, the Court held that the plaintiffs in Lewis should be permitted to proceed with their disparate impact lawsuit; however, the Court did not rule on the merits of their claims.

HSA Contribution Limit Remains Unchanged for 2011. - ELINFONET.com - May 26, 2010
The IRS has announced that the 2011 inflation adjusted amounts for Health Savings Accounts (HSAs) will remain unchanged from the 2010 amounts because after the application of the cost-of-living adjustment rules, the changes in the Consumer Price Index for the relevant period do not result in changes to the amounts for 2011.

ARB Needs Your Help on SOX Coverage of Subsidiaries. - ELINFONET.com - May 26, 2010
Well, that may be a bit of an overstatement, but the Administrative Review Board, which gets the final appellate say at the administrative level of Sarbanes Oxley claims has asked the Assistant Secretary of OSHA and the SEC, and it appears other amici, to submit briefs addressing four specific questions:

Supreme Court Revives Chicago Firefighters' Disparate Impact Claims. - ELINFONET.com - May 26, 2010
In a decision that will make it more difficult for employers to defeat disparate impact claims as untimely, a unanimous Supreme Court has ruled that plaintiffs may challenge the application of an employment practice with an alleged disparate impact on protected employees even if they have not timely challenged the adoption of that practice. Lewis v. Chicago, No. 08-974 (May 24, 2010). The Court’s decision breathes new life into a class action lawsuit brought by African-American firefighter applicants alleging the City of Chicago’s employment practices had a disparate impact on the basis of race in violation of Title VII of the Civil Rights Act of 1964.

Supreme Court Rules on Chicago Fire Department Discrimination Case - HR.BLR - May 26, 2010
(5/26) The U.S. Supreme Court decided in a 9-0 ruling that the African-American plaintiffs in Lewis v. Chicagodid not wait too long to sue the city of Chicago, and can proceed with their case. The plaintiffs are comprised of a class of African-Americans who claim that the Chicago Fire Department’s use of a written entry-level exam to determine hiring pools discriminated against African-Americans.

BLS Report on Paid Sick Leave - HR.BLR - May 26, 2010
(5/26) The U.S. Bureau of Labor Statistics (BLS) has issued a new report in its Program Perspectives series examining paid sick leave benefits, including both the percentage of employees with access to paid sick leave and the associated employer costs.

'You Owe Me for More Overtime!' - HR.BLR - May 26, 2010
(5/26) A technician who traveled to customers'retail premises to service their point-of-purchase registers and printers charged that his employer discouraged him and other technicians from recording all the hours they worked. So when he sued after resigning, he had no records to counter those the employer had kept. But that may not doom his lawsuit.

Most Firms to Seek Early Retiree Care Subsidy - The Industry Radar - May 25, 2010
Under the Early Retiree Reinsurance Program, the government will reimburse employers for a portion of health care claims incurred by retirees who are at least age 55 but not eligible for Medicare, as well as claims incurred for retirees' covered dependents regardless of age.

Xerox Unit Buys Outsourcing Unit From Hewlett-Packard - The Industry Radar - May 25, 2010
The benefits and HR outsourcing operation was formed in 2005 by then-Towers Perrin and EDS Corp., combining Towers Perrin's benefit administration services and EDS' payroll and HR-related outsourcing services.

Onboarding and Potential Whistle Blowers « Employee Onboarding - The Industry Radar - May 25, 2010
Onboardingand Potential Whistle Blowers. Are You OnboardingPotential Whistle Blowers? Mark Schoeff Jr. at Investment News brought up an interesting item this month about how the Department of Labor may be looking for a little extra ...

Opening the Door to Facebook: Severe Emotional Distress May be the Key - The Industry Radar - May 25, 2010
A well reasoned opinion by Magistrate Judge Debra McVicker Lynchof the Southern District of Indiana dealing with a request for information from what she dubs Social Networking Sites (SNS) should be a starting point for anyone who is seeking (or opposing) information from an employment law plaintiff's facebook or myspace profile. The 13 page decision in EEOC v. Simply Storage Managementthat was issued on May 11, 2010 is a textbook example of what a good discovery ruling should be.Regardless of whether you agree or disagree with how she decided, there is no doubting that the Judge understood the dispute, did not seem irritated by it, balanced the defendant's legitimate need for discovery and plaintiff's ...

Client Onboarding: Improving the Customer Experience - The Industry Radar - May 25, 2010
gtnews requires you to login to proceed. gtnews.com is the world's largest network of corporate treasury professionals. With more than 60,000 registered readers and a library of over 3,000 articles, white papers and research reports, as well as regular

New York. Honestly. - The Industry Radar - May 25, 2010
This past week was marked by two remarkable events, each of which puts the lie to what most people think about New York. In the mind of many, this great and obnoxious city is the toughest, most frenetic and heartless spot on the planet. New Yorkers, they say, have tortoiseshell for skin and are as [...]

Got Opinions You're Dying to Share? Then the Compensation Cafe Wants You! - The Industry Radar - May 25, 2010
Most Compensation Force readers probably know that I also serve as Editor for a multi-contributor blog known as the Compensation Cafe. The Cafe mission is to serve up straight talk, original thinking and caffeinated discussion on everything compensation. The Cafe...

Employment Law and Leaders - The Industry Radar - May 25, 2010
Employment law is my forte. On some days, there's nothing better than reading a recent ruling, grabbing the salient points and being that much more equipped to advise and guide. Employment law is an area that employee relations HR pros need to pay attention to on a regular basis because it is under constant refinement. I am attending the 21010 Upper Midwest Employment Law Institute for that very reason.I entered the conference for facts and I left after day 1 with an insight.The plenary session included a Title VII update and as the presenting attorney  wrote, "the 'human drama' we see in our day to day work continues to play out in some pretty amazing factual scenarios." Yes, it was amazingly unbelievable as we reviewed rulings on religious discrimination, sexual harassment, sex stereotyping, and pregnancy discrimination. And then, right there 60 minutes into the session, it struck...

Supreme Court Holds ERISA-Based Attorneys' Fees Available. - ELINFONET.com - May 25, 2010
On May 24, 2010 the U. S. Supreme Court held that a party does not need to be a "prevailing party" in order to be eligible for an attorneys' fees award under the Employee Retirement Income Security Act of 1974 (ERISA). In reaching this decision, the Court relied on the statutory language of the applicable statute, which does not include any "prevailing party" requirement, and noted that Congress is able to impose limitations on the availability of attorneys' fees when it deems fit. Hardt v. Reliance Standard Life Insurance Company.

Supreme Court Deals Blow to Employers in Disparate Impact Cases. - ELINFONET.com - May 25, 2010
The U.S. Supreme Court handed employees and job applicants a victory by recognizing that, in a disparate impact (i.e., unintentional discrimination) case, the Title VII statute of limitations is measured from the employer's adoption and each subsequent use of an unlawful employment practice. Each use of an unlawful employment practice – such as multiple rounds of hiring based on a written test that has a disparate impact on minority applicants – is now considered a new violation of Title VII, which will make it easier for employees to file timely claims.

New Rule for Federal Contractors and Subcontractors. - ELINFONET.com - May 25, 2010
On May 20, 2010, the Department of Labor’s Office of Labor Management Standards issued a final regulation implementing Executive Order 13496: “Notification of Employee Rights Under Federal Labor Law.” Signed by President Obama on January 30, 2009, the Executive Order requires federal contractors and subcontractors to post notification of employee rights under federal labor laws. The following is a summary of the final rule.

It's Not EFCA, But for Some Cities It Might Be Worse. - ELINFONET.com - May 25, 2010
Because today, Senate Majority Leader offered the Public Safety Employer-Employee Cooperation Act as an amendment to the Supplemental Appropriations Act that is being considered by the Senate. The amendment (number 4147) could be voted on as early as tomorrow.

OFCCP Suspends Permission for Contractors to Establish, Modify Functional Affirmative Action Plans. - ELINFONET.com - May 25, 2010
The Office of Federal Contract Compliance Programs (OFCCP) has suspended approving any new requests by contractors to develop functional affirmative action plans (FAAPs) or to renew/revise existing FAAP agreements. OFCCP says it is reevaluating its policies regarding FAAPs and will issue new guidelines for FAAPs.

Federal Contractor Compliance with Veterans, Disabled Individuals Affirmative Action Obligations. - ELINFONET.com - May 25, 2010
The Office of Federal Contract Compliance Programs has begun scrutinizing federal contractors’ compliance with the affirmative action obligations relating to covered veterans and individuals with disabilities. Federal contractors must employ and advance in employment covered veterans and individuals with disabilities pursuant to the Vietnam-Era Veterans Readjustment Assistance Act (VEVRAA) (for veterans) and Section 503 of the Rehabilitation Act (for disabled individuals). As part of routine compliance reviews, OFCCP is focusing on contractors’ outreach to these two groups and actively reviewing contractors’ leave and accommodation policies. While contractors have always had these obligations, this latest Agency enforcement initiative represents a distinct departure from OFCCP’s practice over the last several years.

Immigration eAuthority (May 2010). - ELINFONET.com - May 25, 2010
DHS Announces Streamlining of Visitor Entries; Cap Updates: H-1B Cap Cases Trickle In; Still Availability under the 2010 H-2B Cap; Green Card Redesign – The New Card Will Be Green! Arizona Immigration Law Contested in Lawsuits; Online Job Posting Best Practices to Avoid Immigration-Related Discrimination; TPS Extended for Hondurans and Nicaraguans.

DOL To Focus Upon Top-Down Industry Compliance. - ELINFONET.com - May 25, 2010
Fisher &Phillips participated last week in a Washington, D.C. "Stakeholder Forum" conducted by the U.S. Labor Department's Wage and Hour Division. A recurring theme during this session was the Division's focus upon industry- and sector-wide compliance initiatives under the federal Fair Labor Standards Act.

Determining If Interns Should Be Paid - HR.BLR - May 25, 2010
(5/25) With summer right around the corner, organizations looking to fill summer internships need to know if their interns have to be paid under the Fair Labor Standards Act (FLSA). The U.S. Department of Labor's Wage and Hour Division (WHD) released a six factor test that employers can use to determine if their interns should be paid.

OSHA Proposes Changes to Walking-Working Surfaces and Personal Protective Equipment Standards - HR.BLR - May 25, 2010
(5/25) The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) published a notice of proposed rulemaking (NPRM) that would increase workers'protection from slip, trip, and fall hazards on walking and working surfaces. The was published in yesterday's Federal Register.

With Summer Around the Corner, Employers Face Unique Liabilities - HR.BLR - May 25, 2010
(5/25) With warm weather and the summer season quickly approaching, the potential for employment law problems heat up in the workplace from companies operating with lean staffs and finding vacation requests challenging to grant, to skimpy summer fashion that could prompt sexual harassment claims to hiring teenagers looking to land a summer job.

New Set of EEOC Regulations Fleshes Out the ADA Amendments Act of 2008 - Site Headlines - May 24, 2010
For two decades, the Americans with Disabilities Act (ADA) has governedmany of the most common issues faced by employers.  The ADA landscapeis now changing, however. A law passed in 2008, and a set of regulationsthat will be issued shortly, are greatly expanding the set of impairmentsor conditions that constitute “disabilities” and trigger anemployer’s obligations to disabled employees.  Employers shouldbe aware of how the new regulations broaden their obligations.

Reform Law Could Extend Coverage to 13.7 Million Young Adults, Report Says - The Industry Radar - May 24, 2010
Some 76 percent of uninsured young adults went without needed medical care because of costs last year, and about 60 percent of the uninsured in this age group had trouble paying medical bills, according to a recent survey.

'There's no crying in baseball': Stress management in the workplace - The Industry Radar - May 24, 2010
Nobody wants to cry at work, but it happens. Employees sometimes get upset, stressed out or frustrated and their emotions take over. So what should you do if one of your workers breaks down? How do you take control of the situation and help the employee save face? Read on and learn four stress management tips managers can use to defuse an employee's tearful moments.

Do You Have an ESI Strategy Yet? Companies and In-House Counsel Sanctioned for Poor Oversight - Site Headlines - May 24, 2010
Although it has been more than three years since the Federal Rules of Civil Procedure were amended to codify parties' obligations to preserve and produce potentially relevant electronically stored information (ESI), a recent survey conducted by Kroll Ontrack reflects that only 46% of U.S. corporations possess an ESI readiness strategy.1 Meanwhile, a review of recent judicial decisions on requests for discovery sanctions reflects a growing impatience by courts for a lack of such a readiness strategy and resulting failures to competently preserve and produce potentially relevant electronically stored information.

Health Care Reform Briefing: Cutting Through the Confusion - Site Headlines - May 24, 2010
The newly enacted health care reform bill has fueled numerous questions by employers seeking direction on arguably the most important workplace decisions they will make in the next few years. Employers need to understand the issues and recognize the decision points and their ramifications.

How Private Are Personal Emails Sent Via Employer Computers? - Site Headlines - May 24, 2010
In this day and age, practically everyone communicates electronically often and for a multitude of reasons. This of course, is true in the workplace. While employees communicate by email for work-related reasons, it is not uncommon for them also to send emails relating to personal matters.

The Fallout from Freefalling Birth Rates in the Workplace - The Industry Radar - May 24, 2010
Birth rates in most developed countries are in a freefall. The United States is on the list of countries that producing enough children to prevent population decline.

Beyond Onboarding – Managing Personnel Changes « Chuck Ros' Blog - The Industry Radar - May 24, 2010
Users of our Universal Onboardingsoftware agree – automation sure does make HR's job easier. However, it isn't just Human Resources that can benefit from handy solutions when it comes to managing personnel files over the lifecycle of ...

Health Care Dependent Coverage Regulations Issued. - ELINFONET.com - May 24, 2010
On May 10th, the Departments of Health andHuman Services, Labor and Treasury jointlyissued interim fi nal regulations relating to therequirement under the Patient Protection andAffordable Care Act, as amended by the HealthCare and Education Reconciliation Act(collectively, the “Act”), that health plans offering dependent coverage to children offer that coverage until the children attain age 26.

Department of Labor Publishes Poster to be Used by Federal Government Contractors to Notify Employees of Their Rights Under the National Labor Relations Act and Issues Final Rule. - ELINFONET.com - May 24, 2010
Federal Government Contractors are required to post a new poster notifying employees that the National Labor Relations Act ("NLRA"):

Tax Credits for Small Employers Under the Affordable Care Act. - ELINFONET.com - May 24, 2010
The IRS has issued a News Release explaining to small businesses how they can determine whether they qualify for tax credits pursuant to the Affordable Care Act. These credits are granted to small employers who provide health insurance, as well as additional coverage, such as dental and vision, to employees. The IRS also issued Notice 2010-44 (pdf), which provides more detailed information, including how the credit is calculated. The Notice also provides more than a dozen examples demonstrating how the credit will work.

New IRS Position Governing Severance Payments Goes Into Effect. - ELINFONET.com - May 24, 2010
In 2004, Congress enacted Internal Revenue Code (Code) § 409A to provide rules regarding the taxation of deferred compensation. Code § 409A applies to all types of “deferred compensation,” including certain severance pay arrangements. For such agreements to comply with § 409A, the time, form and triggering event for deferred compensation payments must be established at the outset. Once established, subsequent changes in the form, the time of payment, or the payment itself, are heavily restricted. Non-compliant deferred compensation must be included in gross income immediately, even if not yet paid; and that non-compliant compensation is subject to a special tax of at least 20% of the amount of compensation at issue, in addition to normal income taxes. IRS Notice 2010-6 (Notice) establishes a new position which clarifies when a payment of § 409A-covered severance pay is permissible. The Notice also provides a limited correction procedure for existing severance arrangements which are not compliant with the new IRS position.

Third Circuit: Side effects of medical treatment may constitute ADA impairment (pdf). - ELINFONET.com - May 24, 2010
The Third Circuit recently ruled that side effects from a medical treatmentmay, by themselves, constitute an impairment under the Americans withDisabilities Act (ADA). Although the court didn't find in favor of theemployee, it sent a clear message that under limited circumstances, anemployee may have an ADA claim if he can prove that the effects ofmedical treatment are truly disabling, even if the underlying conditionisn't.

Must employer accommodate employee who doesn't have ride to work? (pdf). - ELINFONET.com - May 24, 2010
The Third U.S. Circuit Court of Appeals, which hears appeals fromfederal courts in Delaware, Pennsylvania, and New Jersey, recentlydecided an employment accommodations case under the Americans withDisabilities Act (ADA). The case offers some key reminders about bestpractices when you're dealing with an employee's request foraccommodations under the ADA.

New Employee Notification Requirements for Federal Contractors and Subcontractors Issued Today. - ELINFONET.com - May 24, 2010
Pursuant to a Department of Labor (DOL) Final Rule published on May 20 and going into effect on June 21, 2010, federal contractors and subcontractors subject to the National Labor Relations Act (NLRA) will be required to include certain language in their contracts and to conspicuously post notices of employee rights under federal labor laws. The Final Rule describes the content of the notice required to be posted by contractors and most subcontractors, and outlines the penalties that can be imposed for noncompliance. This Final Rule, published in today’s Federal Register, implements Executive Order 13496, signed by President Barack Obama in January of last year.

Punitive damages of $250 Million awarded to current and former employees in gender discrimination lawsuit. - ELINFONET.com - May 24, 2010
In a case in which over $3 Million in compensatory damages already had been awarded to a group of 12 female former employees claiming gender discrimination, the same jury awarded $250 Million in punitive damages to a class of 5600 female employees and former employees of Novartis Pharmaceutical Corporation for the same claims. Velez v. Novartis Pharma. Corp., S.D.N.Y., No. 04-civ.9194, punitive damages verdict 5/19/10. The case, filed as a class action in 2005 in the Southern District of New York, was a “sex plus” case, meaning that the gender discrimination was brought in tandem with related claims, such as pregnancy discrimination or family leave interference. The plaintiffs in the case against Novartis made claims based upon unequal pay, lack of promotion, and adverse treatment after pregnancyleave.

Narrow Window to Comment on Sweeping New MSHA Litigation Procedures. - ELINFONET.com - May 24, 2010
The federal Mine Safety and Health Administration’s (MSHA) quest to reduce the much talked about “case backlog” at the Federal Mine Safety and Health Review Commission is taking shape. In the May 20, 2010 issue of the Federal Register, the Review Commission proposed a new rule for handling civil penalty proceedings. The proposed rule will create a new category of cases that will be heard before the Review Commission under streamlined rules of procedure called “Simplified Proceedings.”

FLSA Child-Labor Regulations Revised Extensively. - ELINFONET.com - May 24, 2010
The U.S. Labor Department has released final revisions of its child-labor regulations under the federal Fair Labor Standards Act. They will become effective on July 19, 2010.

Employers Report Back on Talent Shortages - HR.BLR - May 24, 2010
(5/24) A recent survey reported on current talent shortages in the job market. Manpower conducted its Talent Shortage Survey and found that 14% of employers reported having trouble hiring workers for key positions. In addition, the survey found that 31% of employers had trouble finding qualified employees.

New Legislation Could Extend Unemployment Benefits - HR.BLR - May 24, 2010
(5/24) Legislation was introduced last week that could extend certain unemployment benefits and expiring tax provisions through the end of the year. The legislation is being called the American Jobs and Closing Loopholes Act of 2010.

Work-Life Balance Focus of Proposed Legislation - HR.BLR - May 24, 2010
(5/24) Witnesses told members of the House Workforce Protections Committee that employer incentives can help employees achieve a healthy work-life balance. In March, committee leadership introduced the Work-Life Balance Award Act of 2010, H.R. 4855.

Employee Engagement and Social Media - The Industry Radar - May 23, 2010
Over the last 2 weeks I have been giving a series of presentations looking at how social media (and Enterprise 2.0) can drive employee engagement. While the slides are available on slideshare for download I wanted to give a bit of context.As part of preparing the presentation I came across a presentation by Susan Scrupski [...]

Managing Change – Trust, Integrity and Change « magaliwitz - The Industry Radar - May 23, 2010
Imagine sitting in an HR Managers office, a Director of Human Resources discussing a change project gone bad and he tells you, “I'm glad I travel, I hate people coming in to my office.” That actually happened on one project and the guy ...

Innovation and Entrepreneurship - The Industry Radar - May 23, 2010
Innovation and Entrepreneurship

The Geek Shall Inherit the Earth - The Industry Radar - May 22, 2010
I am in LOVE with this PSA for Connect a Million Minds, an organization promoting math and science in schools:

Pay Transparency is Future of Compensation, Says KnowledgePay - The Industry Radar - May 22, 2010
In "Pay Transparency: The Future of Compensation Management," Chris Kelley, KnowledgePay founder and chief executive officer, traces the growth of pay transparency over the last decade and the advantages available to companies that ...

ENFORCEABILITY OF ARBITRATION AGREEMENTS IN FLUX. - ELINFONET.com - May 21, 2010
Although it has been around since at least the 1600’s, arbitration has grabbed headlines recently. Debate over arbitration is nothing new. In 1925, Congress enacted the Federal Arbitration Act (“FAA”) “[t]o overcome judicial resistance to arbitration,” and to declare “‘a national policy favoring arbitration’ of claims that parties contract to settle in that manner.” Under the FAA, all arbitration agreements in contracts “involving commerce” are “valid, irrevocable, and enforceable.”

Second Circuit Rules Failure to Investigate Discrimination Complaint Not Adverse Employment Action. - ELINFONET.com - May 21, 2010
Affirming summary judgment for the employer in a race discrimination and retaliation action, the federal appeals court in New York has held that the employer’s failure to investigate a complaint of alleged employment discrimination is not an adverse employment action taken in retaliation for the filing of the same discrimination complaint.

DOL Final Regulations on Contractors' Obligation to Notify Employees of Organizing Rights (EO 13496) - ELINFONET.com - May 21, 2010
The Department of Labor’s Office of Labor Management Standards (“Department”) has published its Final Rule on “Notification of Employee Rights Under Federal Labor Law.” The Rule, issued to implement the provisions of Executive Order 13496 signed by President Barack Obama on January 30, 2009, requires covered federal contractors and subcontractors to post a notice informing employees of the right to unionize and to engage in certain protected activities under the National Labor Relations Act (“NLRA”). This Executive Order, one of several pro-labor Executive Orders signed by the President shortly after taking office, will likely result in more organizing activity. (For more information on the Executive Order, see President Signs Three Pro-Union Executive Orders and DOL Proposes Regulations Clarifying Contractors' Obligation to Notify Employees of Right to Organize.) While the Rule is effective June 19, 2010, an otherwise covered entity is not bound to post the notice until the entity signs a new Federal contract, subcontract or modification mandating compliance with the Executive Order.

10 Fields Hiring Recent Graduates - HR.BLR - May 21, 2010
(5/21) In this tough economy some recent graduates are having trouble finding job placement. A recent study conducted by the University of California San Diego Extension has found 10 fields that seem to be a haven for young job seekers. According to the study, employers are looking for skill sets possessed by recent graduates including technological skills, bilingual capability, and specific medical qualifications.

IRS Statement: Small Tax-Exempt Organizations Should Still File Form 990 Even Though Deadline Has Passed - HR.BLR - May 21, 2010
(5/21) Small tax-exempt organizations should still file their Form 990 informationwith the Internal Revenue Service (IRS). The IRS commissioner released a statement encouraging such organizations to file even though the May 17 deadline has passed. Organizations that do not file risk losing their tax-exempt status.

Why Twitter Matters - The Industry Radar - May 20, 2010
When I first joined Twitter I had no idea how it would change my life. If you’re not a fan, I understand (and even respect) your decision to avoid jumping into the fray. It’s not for everyone and frankly that’s okay.I can only account for my experiences and one could argue that the resulting outcomes [...]

An Offer to all Novartis Human Resources Employees - The Industry Radar - May 20, 2010
Dear Novartis HR Department,You probably don't know me. If you did, you might have actually read about what an HR department is supposed to do. Because of your lack of knowledge and insight, I am making an offer: Any questions from a Novartis HR person will be answered the same day I receive it.This means you will jump to the head of the line. Cut in front of the people in my queue. Why do I make this generous offer? Because any company that is so phenomenally stupid as to tell an employee that claims she has been raped by a customer that it was her fault because she didn't have a spare set of keys and her and, oh yes, let her cell phone battery get low, needs all the help it can get..I imagine the rest of my readers think I'm joking. Oh, how I wish I were....

Top eLearning Sites? : eLearning Technology - The Industry Radar - May 20, 2010
Vendor specific sites, e.g., Skillsoft; Sites focused on broader topics like HR, Talent Management , Training, etc., e.g., ASTD (which has good traffic), CLO Media (which doesn't seem to have good traffic volume); Sites that I can't get ...

The Most Common Mistake CEOs Make — and How to Fix It | On ... - The Industry Radar - May 20, 2010
This can be compounded by a failure of talent management , in which the CEO doesn't get the full scoop on problem people. The CEO is too close to the executive in question. Either he or she is blinded by personal feelings of affection or ...

Sailing the Five Cs – managing enterprise counterparty credit risk in a post-crunch world - The Industry Radar - May 20, 2010
regulatory attempts to enforce consistent comprehensive counterparty assessments and documentation. Internal pressures such as credit policies and counterparty onboarding, scoring and credit limit setting processes are also being revamped and extended.

Improving Your Sales Performance with the T Method - Onboarding ... - The Industry Radar - May 20, 2010
What's your approach to sales training? Do you have a process that defines which sales performance competency to train to and what impact it will have on selected performance silos if the training objective is successfully met?

Beating stress with benefits - The Industry Radar - May 20, 2010
The UK seems to be in the middle of a stress epidemic, which often manifests itself in the workplace. But just how widespread is stress at work, and what benefits can employers use to address at least some of the causes and symptoms? John Charlton reports

HR evolving with the times - The Industry Radar - May 20, 2010
HR is an evolving profession, and one that’s changing in tune with the economic and business landscape, proactively strengthening its future

Book reviews – three latest books for HR - The Industry Radar - May 20, 2010
Cranky clients, unreasonable managers, backstabbing co-workers can drive even the most level-headed employee to tear their hair out. If it’s not a teammate letting you down it’s corporate bullies giving you a hard time.

Supreme Court Broadens Deference Granted to ERISA Plan Administrators. - ELINFONET.com - May 20, 2010
Recognizing the complexities involved in the work of benefit plan administrators, the Supreme Court ruled that administrators of ERISA plans that provide for discretionary review are entitled to deferential judicial review of their plan interpretations, even if a previous interpretation of the same plan provision was unreasonable. “People make mistakes,” the Court acknowledged in Conkright v. Frommert, as five justices, in an opinion authored by Justice Roberts, applied the deferential standard of review for ERISA plan administrators’ interpretations.

Workplace Slights, Annoyances Insufficient to Prove Title VII Adverse Employment Actions. - ELINFONET.com - May 20, 2010
Determining that a postal worker did not establish he suffered any material adverse employment action when his employer allegedly allowed female employees to take longer coffee breaks than he was permitted, and that his retaliation claims were not substantial, the U.S. Court of Appeals in Boston has reversed a $365,000 judgment in favor of an employee in a Title VII gender discrimination and retaliation case.

Running Credit Checks? Be Careful - HR.BLR - May 20, 2010
(5/20) Do you usually include credit history as part of your background checks on all job applicants? What if you also rerun those checks on employees you hope to promote? Tony Campiti, employment law attorney in the Dallas, Texas, office of Thompson & Knight, explained to us the causes for concern with such practices.

Democrats Now Hold Majority in NLRB - HR.BLR - May 20, 2010
(5/20) President Obama made two recess appointments to the National Labor Relations Board (NLRB), giving it a majority of Democrats. The Board likely will issue decisions reversing rulings made during the Bush administration.

Final Rule Requires Employers to Post Employee Rights Under NLRA - HR.BLR - May 20, 2010
(5/20) A final rule requiring federal contractors and subcontractors to provide notice to their employees of their rights under the National Labor Relations Act (NLRA) was published today in the Federal Register.

Jobseekers must be flexible - The Industry Radar - May 19, 2010
Australian workers need to be flexible when looking for new employment, with new research revealing that nearly half of jobseekers change industries to land a new role.

Jobs &Business | Hiring the Right Skill Set and Motivating the ... - The Industry Radar - May 19, 2010
–Annmarie Neal, Vice President for Talent Management at Cisco Systems. Accessing and Analyzing Information. “There is so much information available that it is almost too much, and if people aren't prepared to process the information ...

Hooters Tells Employee to Lose Weight - The Industry Radar - May 19, 2010
Hooters, the not-so-subtly named eating establishment known for its wings and the women who serve them, is facing possible legal action from an employee who was told, during her annual performance review, that she needed to lose weight. The kicker here is that she was told this via conference call.Hooters response: “Hooters of America Inc. announced [...]

is it okay to resign while I'm still waiting for my new job's formal written offer? - The Industry Radar - May 19, 2010
A reader writes:I've been working at a company for the last year and a half, and its been great for what it is-- first job out of college, I've learned a ton, and they've been very nice about working with my schedule. I've been working full-time and going to school at nights to get my masters degree, and they've been great about accommodating that.I've been offered another position more in line with what my education (and newly achieved masters degree!) is for, and I'm excited to take it. However, until the background check is completed, the formal letter of intent from the new position can't be sent out to me. I know there's nothing in the background check, and that I'm going to be offered the job barring massive catastrophe, but here's the rub:I've told my direct supervisor about the job offer and my planned final date, and she'd like me to tell our boss this...

95 Percent of Managers are Stressed at Work - The Industry Radar - May 19, 2010
HCR Software, a leading provider of salary planning and compensation managementsoftware, today announced a free HR technology webinar. Titled "Now more than ever, automating compensation planning is a good financial decision", ...

A lesson in management – genious or employee exploitation ... - The Industry Radar - May 19, 2010
1 person likes this post. Unlike. Trackback URL · bonus, business lesson, Deng Xiao Ping, Economy, Fair Go, indonesia, management, managing people, salary structure, talent management , work ethic indonesia, workchoices ...

Workplace Stress Test – How Stressed is Your Team? - The Industry Radar - May 19, 2010
Even in the best managed offices, workplace stress can strike and it can have a devastating effect on your employees’ physical and mental health. Workplace stress has been scientifically linked to a host of diseases including ulcers, cardiovascular disease, musculoskeletal disorders, and various psychological challenges. It may even contribute to a lack of focus that can contribute to workplace injuries. [...]

Justified employee termination or discrimination? You make the call - The Industry Radar - May 19, 2010
Even when an employee termination seems perfectly justifiable, managers need to think twice. Is it possible that the employee will claim discrimination? Is there any reason the courts might see his point? Did you follow a sound progressive discipline process? Is it documented? Here's an actual case where all of these questions came into play.

Please, Lord. Don't put me behind a paywall. - The Industry Radar - May 19, 2010
Today is game day at my establishment, so I don't have a lot of time to chew the fat with you this morning. We're gonna go out there this afternoon and sell about a billion dollars worth of product to the guys who have the money. Maybe two billion. Wish us luck. My point is [...]

Employee Ranking Software helps users make talent decisions. - The Industry Radar - May 19, 2010
Part of SuccessFactors Business Execution Software suite, SuccessFactors Calibration transforms calibration into smooth process that enables executives to make critical talent decisions based on credible and objective ratings. Program boosts effectiveness of key talent initiatives such as compensation management, succession planning, and employee motivation. With software, users can visually ...

What Are Your Cognitive Biases? - The Industry Radar - May 19, 2010
I put a link to this yesterday and started receiving emails with thoughts and comments. So, here's the real deal. Kudos to The Royal Society of Account Planning. Cognitive Biases - A Visual Study Guide by the Royal Society of...

Fending Off Employee Dissatisfaction: How to Retain Top Talent in ... - The Industry Radar - May 19, 2010
Prior to her joining TalentScope, she held several top level HR positions including CHRO of Praetorian Financial Group, SVP, Head of Human Resources for Benfield Group, and Global Head of Human Resources for Havas Advertising. ...

Paprika-sniffing dog results in disability discrimination claim - The Industry Radar - May 19, 2010
More absurdity from the US, where the Indianapolis Starreportsthat an employee with a severe allergy to paprika spent $10,000 on an assistance dog trained to alert her to its presence, only to find on her first day back at work that an asthmatic colleague was allergic to the not-so-cuddly canine.Emily Kysel began having a severe, life-threatening allergic reaction to paprika in her university years and went into anaphylactic shock every time she was even in close proximity to it.After years of near-death experiences and her employer putting in place a ban on other workers eating anything that might contain paprika near her, she thought she'd found the perfect solution: she raised the thousands of dollars needed for an assistance dog called Penny to be trained to alert her when it detected paprika nearby.Kysel ...

Grow the roots of your management team - Onboarding Recruits - The Industry Radar - May 19, 2010
Management leadership training is a very effective tool used for the company's goals and objectives.

High Court Says Arbitrators Cannot Decide Class Claims Unless Arbitration Agreement Specifically Says So – Does this Apply to Employment Claims? - ELINFONET.com - May 19, 2010
In Stolt-Nielsen S.A. v. AnimalFeeds International Corp., the Supreme Court ruled that arbitrators cannot decide class action styled arbitration claims unless an arbitration agreement specifically provides for it. But the Court’s ruling may not become the boon that it seems for employers. An argument can be made that the decision does not apply in the context of employment claims because the National Labor Relations Act (NLRA) gives employees the right to engage in concerted activities for the purpose of mutual aid or protection. Employers that interfere with those rights commit unfair labor practices. So, theory being, employers that impose arbitration on employees—but at the same time prohibit them from banding together to arbitrate their claims—unlawfully interfere with employees’ rights protected the NLRA.

Airline Legal Alert: Industry Challenge to NMB's Final Rule. - ELINFONET.com - May 19, 2010
On May 17, 2010, the Air Transport Association of America, Inc. ("ATA") filed suit against the National Mediation Board in the United States District Court for the District of Columbia, challenging the NMB's recent change to its longstanding rule regarding how representation elections are conducted. As discussed in our May 10, 2010 Legal Alert, the NMB's final rule changes the manner in which RLA elections have been conducted for over 75 years. Since the NMB's inception, the NMB has repeatedly held that, in order for a union to be certified as the bargaining representative for a craft or class, a majority of eligible employees must vote for representation. The final rule will drastically change this requirement, allowing a union to be certified as the bargaining representative if a majority of employees who vote cast ballots for representation, regardless of how many employees actually vote in the election. The rule, which is scheduled to go into effect on June 10, 2010, was passed by two of the three members of the NMB (Harry Hoglander and Linda Puchala), over the vigorous and well-reasoned dissent of Chairman Elizabeth Dougherty.

Be On Guard For Looming FLSA Recordkeeping Changes. - ELINFONET.com - May 19, 2010
The U.S. Labor Department has now provided additional, disquieting insight into its "Plan, Prevent, Protect" program that we first reported on in our April 30 post. Part of DOL's Spring Regulatory Agenda 2010 announces an intention to issue a Notice of Proposed Rulemaking ("NPRM") proposing significant amendments to the FLSA recordkeeping regulations.

Waitress Is Fired for Her Complaint on Facebook: Lesson Learned for Employers? - ELINFONET.com - May 19, 2010
After waitress Ashley Johnson spent 3 hours waiting on a couple at the North Carolina pizza restaurant where she worked, she expected more than the $5 tip they left on the table. According to the waitress, because the couple stayed so long, she had to stay on at work for an extra hour after her shift was over. The 22-year old waitress was not happy about it. And, as many 22-year olds are inclined to do, she talked about her unhappiness on Facebook.

Supreme Court Provides Guidance for Businesses Wishing to Avoid Unfriendly State Courts. - ELINFONET.com - May 19, 2010
Businesses often wish to avoid litigation in unfriendly state court forums. For that reason it is important to know when removal is possible so that cases can be transferred automatically from state court to federal court, where judges are appointed for life rather than periodically elected by local citizens. Until recently, there was no way to be certain about whether removal would be possible because the federal circuit courts did not all agree about how the law regarding corporate citizenship for purposes of removal jurisdiction should be applied.

Prepare for the Unexpected, Risk Manager Urges - HR.BLR - May 19, 2010
(5/19) Sometimes acts of workplace violence are seemingly random. But in many cases, management can proactively address and minimize the risk. Strike Force Protective Services is a company that helps New England area employers prevent such incidents.

Day Shifts: A Reasonable Accommodation? - HR.BLR - May 19, 2010
(5/19) A Pennsylvania store clerk had worked for her employer for only a few months when she was diagnosed with serious eye disorders. These led to blindness in one eye. Usually assigned to the 5 p.m. to 9 p.m. shift, the clerk soon reported that driving in the dark was dangerous for her and requested only day-shift work. Her supervisor refused.

Wage and Hour Division's New Guidance System: Administrator Interpretations - HR.BLR - May 19, 2010
(5/19) In March 2010, in order to "provide meaningful and comprehensive guidance and compliance assistance to the broadest number of employers and employees,"the Wage and Hour Division at the U.S. Department of Labor (WHD) announced that it would now issue "Administrator Interpretations"instead of the more fact-specific opinion letters that the agency has issued for many years.

Managers and Self Leadership - The Industry Radar - May 18, 2010
I've noticed this while working with organizations: We teach leaders how to design and execute change, how to let go of things, and how to delegate. We don't often teach the other people how to "hang on" through all of...

When Do Performance Evaluations Actually Work? - The Industry Radar - May 18, 2010
A couple years back, I wondered aloud here if performance evaluations ought to be eliminated. This theme has been taken-up with a vengeance by Sam Culbert in his Wall Street Journal article and now his book Get Rid of the...

10 Career Management Tips In The Age Of Job Fear - The Industry Radar - May 18, 2010
Editor’s Note: Steve Browne is a good friend of Rehaul and has conducted local HR forums in Cincinnati for several years. Check out this take on career management and leave your feedback below. Check out his other posts here and here and you can also follow Steve on Twitter. This topic of career management is too often overlooked – [...]

Another Texas View from the Other Side of the Docket: Texas Employee Rights Blog - The Industry Radar - May 18, 2010
A long time friend, and sometimes adversary, Danny Wash of Waco,  has entered the world of employment law blogging with Texas Employee Rights. He joins at least two others that I follow that also write from the employee's perspective, both oddly enough from the city where I practiced law for more than 20 years, San Antonio --  Chris Mckinney's HR Lawyers Blog and  and Tom Crane'sSan Antonio Employment Law Blog.Besides adding some geographical diversity, I know Danny also has an interest in technology and if we are lucky will mix that in as well. For example, probably unknown to him, he is the reason that rather than use two monitors (which I tried and was not very pleased with) I ...

Rewards – We Know What’s Right But Don’t Do It - The Industry Radar - May 18, 2010
The Incentive Research Foundation released a new white paper called “Anatomy of a Successful Incentive Travel Program.” (fyi - it's the first on the list and you must provide email address to download - I know, I know - but they didn't ask me.) The white paper is an overview and analysis of one company’s group travel reward program and showed that these type of incentives have a clear, measurable and positive impact on corporate...

92% of IT Job Seekers Will Work with a Recruiter to Get Their Next Job, Finds TEKsystems - The Industry Radar - May 18, 2010
HANOVER, Md.----In an effort to increase the odds of finding a good match, the vast majority of job seekers will work with a recruiter to secure their next position. According to the 2010 TEKsystems Staffing Customer and Consultant Surveys, 92% of IT professionals searching for new employment will utilize a recruiter for assistance with seeking a role that fits their skills and career goals.

HR director brings his own biccies - The Industry Radar - May 18, 2010
As public sector HR pros wait with a sense of dread for Chancellor George Osbourne's axe to fall, Guru can reveal the purse strings are already being tightened in one London council.Spotted in the Sutton branch of supermarket Morrison's one lunchtime was Dean Shoesmith, HR director at Sutton and Merton councils, buying biscuits and coffee. When quizzed by one of Guru's disciples, it emerged that Shoesmith was forking out himself for supplies for a meeting that afternoon after promising attendees biccies.Is this a sign of things to come for public sector HR? Disciples will know that Shoesmith is also the current president of the Public Sector People Managers' Association....

To Move to the Next Level, Tap the Strength Within - The Industry Radar - May 18, 2010
When the leadership at Solvay Pharmaceuticals wanted to move the company to the next level in the competitive healthcare industry, they tapped the strength within.

What You Need to Know About Hiring Summer Help. - ELINFONET.com - May 18, 2010
As the summer approaches, students are planning for their futures. Do they want to backpack through Asia, take summer courses, or take up a summer job? For the group who wants to take up a summer job, you, as an employer, may find yourself with many available workers who are eager and willing to work in order to pad their wallets or their resumes. What kinds of things must you look for when hiring temporary, summer help though? Here are a few hot spots to keep your eyes on:

Spotlight on Health Care Reform: Age 26 Requirements. - ELINFONET.com - May 18, 2010
The health care reform package enacted earlier this year contains a number of provisions that will require various federal agencies to issue guidance on their implementation over the coming months. The first regulations were recently issued and contain guidance regarding the new provisions covering health plan participants' children.

Federal Government Announces A New Nevada OSHA Office: What This Means To You. - ELINFONET.com - May 18, 2010
The federal Occupational Safety and Health Administration (OSHA) recently announced that it has, for the first time ever, opened an office in Nevada. The new office, which opened in early May, is located in Las Vegas.

Shelter From The Sun: Heat Protection for Employees in Arizona. - ELINFONET.com - May 18, 2010
Arizona leads the nation in heat-related deaths, nearly all of which occur during the hot summer months. Companies with outdoor workers need to review their policies regarding the protection of workers from the elements.

Out-of-Bounds Questions Can Cost Employers. - ELINFONET.com - May 18, 2010
Recently, Miami Dolphins executive Jeff Ireland weathered a storm of public criticism following the revelation that, during an interview before the NFL draft, he asked wide receiver Dez Bryant whether his mother was a prostitute. While the former Oklahoma State star had been suspended last season for NCAA rules violations and reportedly had "character" issues, Ireland's out-of-left-field question left many observers wondering if he had been playing football without a helmet.

How to Motivate Employees to Succeed - The Industry Radar - May 17, 2010
This guest post is contributed by Melissa Tamura.Every employer wants to get the most productivity from their employees. If you push too hard, though, you risk making employees unhappy, causing unwelcome turnover and costing you money. So the question remains, how do you motivate your employees to work their best?PraiseEmployers are often amazed how well [...]

The World Cup and absence management: guidance for employers ... - The Industry Radar - May 17, 2010
Human Resources magazine is Australia's leading publication for the HR profession. Human Resources is the country's largest and most authoritative source of news, analysis and insightful opinion from leading industry figures. ...

Proper Categorization Critical During Onboarding « Employee Onboarding - The Industry Radar - May 17, 2010
For example, what might happen if you don't customize the onboardingprocess so that employees and contractors sign different sets of agreements? You may inadvertently create a legal relationship with a contractor that makes them an ...

Meeting your ADA requirements starts with a simple chat - The Industry Radar - May 17, 2010
Do you know what the "interactive process" is? Do all of your organization's managers know? If not, it's a good time to learn about ADA requirements – before an employee comes to discuss a disability issue. Discover how properly handling the ADA "interactive process" can prevent serious legal trouble.

Halogen eCompensation Pays Off for Customers - MarketWatch (press release) - The Industry Radar - May 17, 2010
Halogen eCompensation Pays Off for...

The Engagement Gap - THE HR challenge for 2010 - The Industry Radar - May 17, 2010
I have been spending a lot of time working on a new approach to employee engagement over the past few weeks. Improving employee engagement (i.e. achievedby matching Business Values (BV) and Human Values (HV)) has proven to have a positive impact on the performance of organisations and is recognised by many as THE critical HR/...

Incentives and Recognition – The Dead Man Test - The Industry Radar - May 17, 2010
Many of you know I was up in Chi-town presenting and participating in the 2nd HRevolution conference. Being cheap – and wanting to stop in and check in on dear ol’ Mom on Mother’s Day - I decided to drive. Something about windshield time that clears your head (or fills it as the case may be.) While driving and bouncing from the MP3 player and the radio I tuned into Rush Limbaugh. Understand dear readers...

Annual Evaluation Systems and Malpractice. - ELINFONET.com - May 17, 2010
In this article, David M. Wirtz, a shareholder in Littler's New York City office, advises employers on the pitfalls of annual evaluations systems. "Employers can also train supervisors to evaluate their employees honestly until they’re blue in the face, but, the unfortunate truth is, they will not do it, and there are equally immutable forces of nature at work to explain why they won’t," writes Wirtz.

New Amendments to the Federal Rules Approved by Supreme Court. - ELINFONET.com - May 17, 2010
The U.S. Supreme Court approved the most recent set of amendments to the Federal Rules of Civil Procedure. Here’s a copy of the transmittal letter and the changed rules (PDF).

Inability to get along with co-workers can be sufficient basis for adverse employment action. - ELINFONET.com - May 17, 2010
Employers often are hesitant to discipline or fire an employee who is in a protected class, knowing that the potential for lawsuit can be higher in those circumstances. This issue was addressed directly by the 6th U.S. Circuit Court of Appeals in an unpublished opinion in which an employee failed to prove that the company’s reason for not re-hiring him after a layoff – that he was a “troublesome employee” – was a pretext for age discrimination.

Disabled, But Otherwise Qualified? Was Boat Captain Protected by ADA? - HR.BLR - May 17, 2010
(5/17) A New York boat captain's Coast Guard-issued license depended on periodic submissions of urine samples to be tested for illegal drugs. But, afflicted with "shy-bladder syndrome,"the captain often had trouble submitting a large enough sample within the 3-hour time frame. Finally, in 2001, the Coast Guard demanded that he admit he had "refused"to take the drug test. That's when things got difficult.

Panelists Say Employee Morale, Attitude Key To Business Success in a Changed Economy - HR.BLR - May 17, 2010
(5/17) It may seem unbelievable, but employees actually applauded when Mohegan Sun President and CEO Mitchell Etess announced to his workers that they were facing pay cuts. Why? Because he also announced that this move would save jobs.

Unemployment Compensation Integrity Act Draft Legislation Announced By DOL - HR.BLR - May 17, 2010
(5/17) A draft of the Unemployment Compensation Integrity Act of 2010 was delivered to Congress. The U.S. Department of Labor (DOL) announced that the draft legislation would help states fight employer fraud and reduce improper benefit payments. The DOL estimates that this legislation has the potential to save over $1.6 billion over the next decade.

Five Ways to Boost Your Influence - The Industry Radar - May 16, 2010
"You cannot antagonize and influence at the same time." J.S. Knox Alignment This is one of the great buzzwords of our time. When used consciously, it's also the key to building solid relationships as well as the foundation for being...

HR Does Hard Time - Workforce Management - The Industry Radar - May 16, 2010
HR Does Hard Time Workforce Management Some human resources executives oversee skilled professionals in tidy high-margin industries, but most manage armies of unskilled workers in messy ...

Office Politics 101: An affair to remember? - The Industry Radar - May 16, 2010
express your concerns (if you feel comfortable doing so). At some point, her immediate supervisor — or the human-resources department — may become involved; in that case, the matter should be addressed in a way that is both discreet and professional.

Wide discretion to postpone disciplinary investigation pending criminal trial - The Industry Radar - May 16, 2010
The Employment Appeal Tribunal has held that an employer’s decision maker, who is required to decide whether or not disciplinary proceedings should continue alongside criminal proceedings, has a wide discretion. 

HR outsourcing sees slow development - The Industry Radar - May 16, 2010
Much of the potential for HR outsourcing still remains unfulfilled, according to research. Will that change once economic recovery and public spending cuts kick in? Personnel Today reports. 

New Article: Insiders make best CEOs - The Industry Radar - May 16, 2010
A new study says that hiring a CEO from within is better in the long term. “Inside CEOs, because of their deep knowledge and root in the firm, are more likely to initiate and implement strategic changes that can build the firm’s long-term competitive advantage,” says Anthea Zhang.Author(s): Anthea ZhangSource(s): Rice University | Futurity.org...

Do you present? Get the iPad and travel for under 2 pounds. - The Industry Radar - May 16, 2010
OMG! IPad is a must for presenters. I just plugged it into the projector and instantly I am presenting my ppt or keynote. Luv it!

Virtual HR – The Irresistible Force? Part I | Search Engine ... - The Industry Radar - May 16, 2010
... which are predominantly accessed via the Internet and are used to provide specific HR services – typically concerning things such as recruitment, assessment, performance management, talent management and compensation management; ...

Should worker in HR warn friends of impending layoff? - The Industry Radar - May 15, 2010
Should worker in HR warn friends of impending layoff? May. 15, 2010 09:03 PM I work in a human-resources department and know that our department head is working on a companywide list of people who will be laid off or furloughed.

Optimizing RoI In HR - The Industry Radar - May 15, 2010
comprises of several modules. In the first place, it has a salary and payslip module followed by its onboarding counterpart. Similarly, the solution facilitates leave implementation and appraisals for the entire employee hierarchy. It also has a module

SaaS Strategy: What The Top Brass Wants To Know - InformationWeek - The Industry Radar - May 14, 2010
SaaS Strategy: What The Top Brass Wants To Know InformationWeek It helped that one of Workday's founders, Dave Duffield, had founded HR software company PeopleSoft . John never made a SaaS presentation to the board. ... and more »

5% cuts all round - The Industry Radar - May 14, 2010
    One of the British government’s first actions in power was to agree to 5% salary reductions.This could very easily be a sign of things to come, particularly in the UK’s public sector, where I suspect the cuts won’t come quite so easily.My only experience of this comes from my spell in Russia after the 1999 crisis there.  But for those in the UK, with a relevant subscription, there’s some ...

Survey Offers Health Care Benefit Benchmarks - The Industry Radar - May 14, 2010
A 2010 Health Care Benefits Benchmark Survey published by Abbott, Langer and ERI, covering data from 183 respondents, offers some helpful information to companies looking for some health care benchmarks. A few select findings from the executive summary: PPOs remain...

WHAT'S IN YOUR WALLET, JOB APPLICANT? - ELINFONET.com - May 14, 2010
Recent economic data suggest the job market is thawing. With high unemployment persisting, many employers will have several candidates applying for each new job opening.

Management Update (April 2010). - ELINFONET.com - May 14, 2010
Supreme Court Hears Oral Arguments in Text Messaging Case; Supreme Court to Determine "Cat's Paw" Theory in USERRA Case; Supreme Court Hears Oral Argument on Who Should Decide Whether Arbitration Agreement is Unconscionable; Court Emphasizes That Evidence of Training Is a Must; Ford &Harrison Provides Guidance on Health Care Reform Law; Third Extension of COBRA Premium Subsidy Extends Availability Through May 31, 2010.

The Supreme Court Giveth and The Ninth Circuit Taketh Away: Recent Arbitration Rulings Incent Employers to Review Their Agreements. - ELINFONET.com - May 14, 2010
On April 27, 2010, the United States Supreme Court decided Stolt-Nielsen S. A., et al. v. AnimalFeeds Int'l Corp., No. 08-1198 (2010), which delivers good news to employers that require their employees to sign arbitration agreements. While not an employment case, Stolt-Nielsen holds that the Federal Arbitration Act prohibits parties from being forced to arbitrate class claims against their will. Here, because the parties' arbitration agreement in their contract was silent as to whether they were agreeing to arbitrate class claims, the Court held that, as a matter of contract law, it was improper to infer that the parties' intent was otherwise. Notably, the dissent wanted the opinion to be limited to arbitration agreements negotiated between sophisticated parties, as was the case between the businesses in the case. Although this limitation was not adopted by the majority, employers should be aware that plaintiff's lawyers trying to arbitrate employment class or collective actions in a similar context may seek to distinguish this case as on the ground that employment disputes typically involve parties with unequal bargaining power. Accordingly, employers would be wise to plainly disallow class or collective claims in their arbitration agreements.

Health Care Employers Beware: New Whistleblower Provisions In The Patient Protection and Affordable Care Act. - ELINFONET.com - May 14, 2010
The recent passage of the health care reform package did more than impact the provision of health insurance. It also created new potential sources of liability for employers in the health care arena. The Patient Protection and Affordable Care Act (PPAC), enacted in March of this year, inserted provisions into existing laws with the stated intent of encouraging individuals to report fraudulent conduct in connection with the delivery of health care funded through public finances.

New IRS Rule Governing Severance Payments Goes Into Effect. - ELINFONET.com - May 14, 2010
In 2004, Congress enacted Internal Revenue Code (the "Code") § 409A to provide rules regarding the taxation of deferred compensation. Code § 409A applies to all types of “deferred compensation,” including certain severance pay arrangements. For these agreements to comply with § 409A, the time, form and triggering event for deferred compensation payments must be established at the outset. Once established, subsequent changes in the form or time of payment or payment triggers are heavily restricted. Non-compliant deferred compensation must be included in gross income immediately, even if not yet paid, and that compensation is subject to a special taxof at least 20% of the amount of compensation at issue, in addition to normal income taxes.

Use Of Social Media Web Sites By Broker Dealers. - ELINFONET.com - May 14, 2010
FINRA recently issued guidance in Regulatory Notice 10-06 to broker-dealers regarding the use of social media sites (e.g., Facebook, Twitter, LinkedIn) by firms and their registered representatives.

DOL Opinion Letters under FLSA? Not Anymore. - ELINFONET.com - May 14, 2010
On March 24, 2010, the U.S. Department of Labor's Wage and Hour Division announced that it would no longer issue opinion letters under the Fair Labor Standards Act. This was the first announcement made along with an interpretation during the Obama administration.

THEY'RE BAAAACK: PLAs Return to Haunt Non-Union Contractors. - ELINFONET.com - May 14, 2010
On April 13, 2010, the Federal Acquisition Regulation (FAR) Council released a final rule implementing President Obama’s Executive Order 13502, which encourages federal agencies to use Project Labor Agreements (PLA) on federal construction projects valued at $25 million or more. EO 13502, which was actually issued on February 6, 2009, repealed President Bush's Executive Orders 13202 and 13208, which in turn declared that neither the federal government, nor any agency acting with federal assistance, shall require or prohibit construction contractors to sign union agreements as a condition of performing work on government construction projects. It is estimated that President Bush's EO 13202, in the eight yearsit was in existence, caused at least $147.1 billion worth of federal construction projects to be competitively bid without discrimination against non-union contractors.

Women Balancing Work and Personal Life: Benefits to Personal Career and to Organization - HR.BLR - May 14, 2010
(5/14) According to a recent survey, 61% of employed women in the U.S. can balance their work and personal lives. The study, conducted by Kenexa Research Institute (KRI), also highlights workplace influences that can help balance female employees'professional and personal lives. In addition, the results showed several ways organizations benefited from having employees who have balanced lives.

'You Fired Me Because I Took FMLA' - HR.BLR - May 14, 2010
(5/14) An Indiana manufacturing employee amassed eight points under her employer's no-fault attendance policy. That was enough to get her terminated, but she protested that some of the days she’d taken were protected by the Family and Medical Leave Act (FMLA) and/or should have been wiped off her record because they were more than a year old. So she sued for interference with and retaliation for her FMLA use.

Humane Resource: You Do What Now? - The Industry Radar - May 13, 2010
In Human Resources we are always spouting consistency, best practice and meeting standards. I find it interesting then that there is no consistency in HR positions. If you do a quick search online you will find a myriad of titles and ...

Salary.com and Hewitt Associates Join Forces to Offer Clients World-Class Compensation Technology and Consulting ... - The Industry Radar - May 13, 2010
NEEDHAM, MA and LINCOLNSHIRE, IL--(Marketwire - 05/13/10) - Salary.com, Inc., a leading provider of on-demand talent management, payroll and compensation solutions, and Hewitt Associates, a global human resources consulting and outsourcing services company, today announced they have joined forces to deliver joint compensation technology and consulting solutions to each company's customers and ...

David Kelley Nails It Again: "The d.school teaches creative confidence." - The Industry Radar - May 13, 2010
Last Friday, we had an opening gala for the new building (actually it is a massively reconstructed old building) that houses the Hasso Plattner Institute of Design at Stanford -- or as everyone calls it, the d.school. In fact, if...

Develop, Engage, and Retain - The Industry Radar - May 13, 2010
With the economy improving, risk of attrition is increasing for your top talent. Considering that career development leads the top 5 employment considerations, a multifaceted retention strategy combines performance and goals, fair compensation, development, and diversity.As ...

Influence, Positional Bargaining and Relationships - The Industry Radar - May 13, 2010
Everyone wants to have influence; not everyone wants to build the relationships that enable it. There's a natural flow to being influential. Influence goes hand in hand with agreements. If you want to persuade someone to take a particular course...

The Burka and The Workplace Part 1 - The Industry Radar - May 13, 2010
This is part 1 (of 4) in a series about The Burka and the Workplace.Viewpoint: The Burka is a threat to national safety…How has the world reacted to the Burka? France Nicolas Sarkozy backs French burka ban; Full-length Muslim garb ‘not welcome‘ in France, he says | Source: NY Daily NewsFrance Bans Head Scarves in School | Source: CBS NewsPoll shows [...]

Self Check Option Possible for E-Verify « Employee Onboarding - The Industry Radar - May 13, 2010
This would be a boon for workers who are here with green cards and want to make absolutely sure there will be no immigration issues during their onboarding. Of course, individuals who think someone else may be using their “right to ...

The Manager Question. What Question? - The Industry Radar - May 13, 2010
I just read an article titled "The Manager Question" in the April 2010 print issue of Workforce Management(sorry - can't link to article because it's not online - ughhh!). The article starts off saying:"The old saw that "people don't leave companies, they leave managers...

Bias and credibility - a cautionary tale - The Industry Radar - May 13, 2010
I've been somewhat reluctant to write this post, as it takes issue with one of the key presenters at a workers comp conference that I believe is consistently the best I've attended. It's here for one reason: it illustrates how...

Is social learning team learning? - The Industry Radar - May 13, 2010
    I commented on an excellent post by Mervyn Dinnen, reflecting on social learning at HRevolution, yesterday.Mervyn asks:“Maybe if we are to get maximum benefit from Social Learning, especially from our unconferences, networking and crowd sourcing then…the answer may well...

Make the best of leaving an employer - Times and Transcript - The Industry Radar - May 13, 2010
Make the best of leaving an employer Times and Transcript However, we hope to help you understand what is happening and to know what kinds of questions to ask your benefits representative or human resources ... and more »

Forever Young: New “Adult Children” Guidance under Health Care Reform Covers Enrollment, Surcharges. - ELINFONET.com - May 13, 2010
Employer-sponsored health plans will not be able to tack on special “adult children” surcharges and will have to offer an enrollment period of at least 30 days to adult children who may previously have lost coverage or been ineligible for coverage before turning 26, under interim final rules issued on May 10, 2010, interpreting one of the most closely watched parts of the landmark health reform legislation.

Employing Minors? Be Sure You Know the Rules! - ELINFONET.com - May 13, 2010
Summer is approaching quickly, so employers should be up-to-speed on the federal Fair Labor Standards Act's child-labor limitations. These rules apply to any employee who is under 18 years old. The regulations are strictly applied; there is little or no room for error; and the U.S. Labor Department takes the requirements seriously.

2010 National Disability Employment Awareness Month Announced: 'Talent Has No Boundaries' - HR.BLR - May 13, 2010
(5/13) "Talent Has No Boundaries: Workforce Diversity INCLUDES Workers With Disabilities"was announced as the official theme for October's National Disability Employment Awareness Month. The theme was chosen to show the public that workers with disabilities have valuable skills and talents that can and are used in the workplace.

?Mixed-Motive? or ?But-For? Standard? - HR.BLR - May 13, 2010
(5/13) A long-time Texas employee encountered a new manager who seemed to her antagonistic. First he reduced her territory and sales team, then he accused her of failing to meet her annual goal, and finally he fired her. She sued.

Senators Introduce New Energy Bill - HR.BLR - May 13, 2010
(5/13) An energy and climate change bill aiming to cut U.S. greenhouse gas emissions was introduced in a news conference yesterday. The bill would have an affect energy sectors. Senator John Kerry, D-Massachusetts, and Joe Lieberman, an independent from Connecticut claim that the energy bill will decrease U.S. dependence on foreign oil and create jobs.

For the Slim Majority of Women, Work and Personal Lives are Balanced, But Not ... - MarketWatch (press release) - The Industry Radar - May 12, 2010
For the Slim Majority of Women, Work and Personal Lives are Balanced, But Not ... MarketWatch (press release) About Kenexa Kenexa(R) provides business solutions for human resources . We help global organizations multiply business success by identifying the best ... and more »

7 alternatives to the stock market - The Industry Radar - May 12, 2010
With the market zooming up and down like a demented bobbin, people who have money are looking for places to put it. As a public service, I can tell them where to put it. 1. Gold. People are buying it right now as a hedge against Europe, and a leading analyst says that it will [...]

Fistful of Talent: Want A Better Relocation Policy? Move. - The Industry Radar - May 12, 2010
Also, budgeting by hires forces departments and divisions to answer to their talent management strategies, instead of throwing it on HR's back. Hey, its August and we've already spent our Relocation budget for the whole company! ...

Erotic capital - an HR director writes - The Industry Radar - May 12, 2010
Disciple Graham writes following Guru's wise words on HR and 'erotic capital':Dear Guru,Having followed Guru diligently for many years, often standing by him as a shield against the slings and arrows of overly protective HR colleagues who shy away from his ruthless endeavours to delivery the truth, I am compelled to say he has now finally excelled himself.In spite of my huge expectations of his writings and the high standards which are now indicative of his regular musings in the field of future HR thinking, the latest revelations reach to a new height of academic prowess and intellectual value.Supporting the work of Dr Catherine Hakim, doctor of sociology at the London school of Economics, Guru has re-established my self-belief and reason for living. I have...

MBAs: What"s in them for HR? - The Industry Radar - May 12, 2010
MBAs are particularly relevant for HR practitioners who are looking to broaden their business knowledge. HR Leader examines the process of choosing the ideal MBA school and program and how to get the most out of an MBA

Think "Design" vs. "Work" - The Industry Radar - May 12, 2010
Right now, you are either thinking about or designing an idea, product, service, or process. Yet most of us don't view ourselves as designers. It sounds like a specific, creative field in which we don't have formal education. But we...

HR managers should base leadership on trust - The Industry Radar - May 12, 2010
HR managers and managers-to-be take note: Australian employees rate having a trustworthy manager as being twice as desirable as one who delivers good financial results.

Australia offers HR expertise to Indian execs - The Industry Radar - May 12, 2010
Australian expertise is helping HR professionals from South Asia learn better work practices.

HR service launches to aid the HR outsourcing community ... - The Industry Radar - May 12, 2010
The team at The Human Resources Consultants Group know from experience the challenges of human resources outsourcing professionals with many suffering through the 'SME sales gap'. As a result, this company has chosen to offer their ...

Retiree Reinsurance Regulations Issued: Program Effective June 1, 2010. - ELINFONET.com - May 12, 2010
On May 4th, the Department of Health and HumanServices (HHS) issued interim final regulationsrelating to the retiree reinsurance program (the“Program”) that was contained in the Patient Protection and Affordable Care Act (the “Act”).

Fair Labor Standards Act Amended to Require Employers to Provide Breaks to Breastfeeding Mothers. - ELINFONET.com - May 12, 2010
On March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act, H.R. 3590, and on March 30, 2010, President Obama signed the Reconciliation Act of 2010, H.R. 4872 (collectively the "Healthcare Reform Law"). Section 4207 of the Healthcare Reform Law ("Section 4207") allows nursing mothers to take reasonable breaks to express breast milk. Additionally, the employer must provide a private place, other than a bathroom, for the employee to express breast milk. Note that this law does not preempt state laws that provide greater protections to employees.

Did Harassed Employee Have No Choice But to Quit? - HR.BLR - May 12, 2010
(5/12) A South Carolina retail employee was transferred to a different store, where she immediately met verbal abuse from her manager. Within her first 2 days on the job, she later testified, he punished her and touched her inappropriately several times. She quit. Could she still sue?

25 Organizations Praised for Making Diversity a Priority - HR.BLR - May 12, 2010
(5/12) Twenty-five "noteworthy"organizations were highlighted for their commitment to developing and encouraging a diverse workplace. The organizations were chosen by Diversity Inc. using four criteria...

We must frame a 21st-century strategy - Guelph Mercury - The Industry Radar - May 11, 2010
CBC.ca We must frame a 21st-century strategy Guelph Mercury ... and Human Resources and Skills Development Minister Diane Finley, announced Monday calls for a broad public consultation on what a digital Canada should ... Government of Canada Launches National Consultations on a Digital Economy Strategy Marketwire (press release) Canada consults on digital economy strategy Telecompaper (subscription) all 70 news articles »

how to turn down a job offer - The Industry Radar - May 11, 2010
A reader writes:I know you write a lot about rejectingcandidates for job offers. Do you have any sound advice for the best way for a candidate to reject a job offer when it's not the position for them?As always, straightforward is good. Thank them for the offer, but say that you've decided it's not quite right for you. Say you hope there's opportunity to talk again in the future, if that's true.If there's a specific reason that you're comfortable sharing -- such as salary or job duties -- you should. If they know what didn't work for you about this offer, they may approach you about something that's more appealing to you in the future.And tell them quickly. If you know you're not going to take the offer, don't drag it out. Their number-two ...

Kenexa Introduces New Technology Platform - The Industry Radar - May 11, 2010
Kenexa’s new technology platform Kenexa 2x brings together pre- and post-hire talent management solutions. Recruitment, onboarding, performance management, and mobility are available on one technology platform. Kenexa 2x enables customers to improve

Employee entitled to gist of evidence despite closed procedure - The Industry Radar - May 11, 2010
The Court of Appeal has held that closed material procedures, which are often used in cases that involve national security interests, do not breach European law. However, it also held that, when such procedures are used, the employee must be provided with the gist of the closed evidence on which the employer seeks to rely. 

10 Attributes and Attitudes for every Professional - The Industry Radar - May 11, 2010
10 Attributes and Attitudes for every Professional By Rabison Shumba – 28 March 2010Modern business world is ever changing, more competitive and requiring individuals who will stand and be counted as leaders above others. When you stand head and shoulders above your own colleagues, employers will rush for you, business will come your way, and your department will win all [...]

Giving Back as a Company - The Industry Radar - May 11, 2010
One of the nicest things that my company does is a month of giving back to the community. They help build houses, paint a community center, provide food and other supplies to homeless and battered women shelters, and volunteer with kids. It's a company-organized month of events that begins with a kick-off event sponsored by the leadership team. Part of the greatness of this month is the ability to give back to the community. It's an easy way to gain goodwill and brand recognition in the area and to give back. And part of the greatness certainly has to do with allowing employees time off to do activities like this. While most of...(THIS IS ONLY A PREVIEW. PLEASE CLICK THE LINK ABOVE OR CHECK OUT ASTRON'S BLOG AT http://astronsolutionsworldofhr.blogspot.com/ FOR THE FULL ARTICLE)...

HRevolution: What’s next? - The Industry Radar - May 11, 2010
    Most of this blog’s readers live in the US, but for the benefit of those readers in the UK (who perhaps don’t read all the US HR blogs, or the recruitment focused ones of Mervyn Dinnenand Bill Boormanin the UK), there was been a big event taking place in the US this weekend....

CPEhr Re-Releases White Paper Detailing How HR ... - Earthtimes (press release) - The Industry Radar - May 11, 2010
LOS ANGELES , May 11 -- Human resources outsourcing firms and Professional Employer Organizations (PEOs) continue to grow in popularity as a way to cut employment costs, reduce HR risks and improve efficiencies. This is according to a newly updated ...

The secret of a great place to work - The Industry Radar - May 11, 2010
Many people think the idea of a “great place to work” is just another fluffed up concept. But these organisations really do exist and it is only by believing that it’s possible, writes David Creelman

Major Benefit Plan Changes May Result from the New Human Rights Campaign Foundation's Corporate Equality Index - Site Headlines - May 11, 2010
Employers that are rated on the annual Human Rights Campaign Foundation’s Corporate Equality Index should take note of important changes being made to the evaluation criteria beginning with the 2012 Index.

Overcoming HR Myths and Stereotypes - The Industry Radar - May 11, 2010
Note from Lance: Today I have a guest post from Art Brooks of BeneTrac about HR myths and stereotypes and how to cut through some of the BS to deliver results. It is technical and a little longer than my normal posts but take a read through and leave your comments below.What makes the best [...]

Making A Change? What People Want - The Industry Radar - May 11, 2010
1. An accurate picture of reality. 2. A sense of hope based in the proposed new reality. 3. The whole truth about 1 and 2. Change is really about adults making effective decisions. Decisions to commit, decisions to opt out,...

Got a Retention Strategy ... or Pinning Your Hopes on Counter Offers? - The Industry Radar - May 11, 2010
As the labor market turns and recruiting activity picks up steam, are your top performers at risk? Have you proactively formulated a retention plan ... or are you gambling on your ability to successfully counter a competitor's offer? Jessica Lee...

Judge says "keep away from employment law" - The Industry Radar - May 11, 2010
What hope for beleaguered HR professionals when a tribunal judge says employment law is "best kept as far away as possible"?Following a failed attempt by restaurant owner David Piper to appeal an employment tribunal decision but ran out of time, Lord Justice Mummery said: "I am sympathetic to all litigants who get caught up in our legal system. The law is best kept as far away as possible; you're best off having nothing to do with it."He later commented to the Timesthat the 'torrent' of legislation has made the legal system incomprehensible to both judges and the public.Fantastic - and these are the people meant to be making sense of it all. Guru despairs.

how can I stop being so nervous in job interviews? - The Industry Radar - May 11, 2010
A reader writes:I have approximately ten years of administrative and clerical experience. On the other hand, I interrupted the career trajectory in order to pursue a baccalaureate degree. Now that college is over, I am rusty with interviewing (my skills are not due to temporary assignments). During the couple of interviews I have received, if an EMT read my physiology, I probably would be rushed to the emergency room. In addition, my nerves affect my answers. My answers are rambling and lack expansion.I am not sure how to solve this issue. I am ready for a career position, yet I feel a sense of capitalistic urgency due to student loans. I seek your wisdom and advice.I know of only two solutions to this:1. Practice. Practice the crap out of it. This could be anything from writing down interview questions and...

The Employment Law Decisions of Supreme Court Nominee Elena Kegan. - ELINFONET.com - May 11, 2010
President Obama's nomination of Elena Kegan to the Supreme Court is the fourth since Jottings was started in the summer of 2002. In the past I have published links to the employment and labor law decisions of the nominees.

Airline Legal Alert: NMB Publishes Final Rule. - ELINFONET.com - May 11, 2010
On May 11, 2010, the Federal Register will publish the Final Rule of the National Mediation Board (NMB) regarding the process it will employ in determining the outcome of representation elections. When the rule goes into effect, it will replace the NMB's historic majority rule, under which a majority of the entire craft or class had to vote for representation before a union would be certified to represent that craft or class, in favor of a process that is based on the majority of votes cast.

IRS Asking Employers To Answer 401(k) Questionnaire. - ELINFONET.com - May 11, 2010
The IRS announced last week that it will be looking at 1,200 401(k) plans by way of a plan compliance questionnaire. Letters from the IRS are expected to go out at the end of May. An employer receiving a letter will be assigned a personal identification number (PIN) to use when filling out the questionnaire online. The employer has 90 days to complete the form, but can get an extension. Answering the questionnaire is "technically voluntary," but an IRS spokesperson made it clear that they want the information.

D.C. Circuit Upholds OSHA Rule Permitting Employee-by-Employee Violations. - ELINFONET.com - May 11, 2010
Denying the petition for review of a final rule, the U.S. Court of Appeals for the District of Columbia Circuit has held that the Secretary of Labor had authority to issue amended rules under the Occupational Safety and Health Act (“OSH Act”) to clarify that an employer’s failure to provide respirators or workplace training constitutes not one violation of the applicable health and safety standards, but separate violations for each employee who did not receive the respirator or training. National Ass’n of Homebuilders v. OSHA, No. 09-1053 (D.C. Cir. Apr. 16, 2010). The Court found that because Congress gave the Secretary the authority to establish “standards,” the Secretary necessarily had the authority to establish the unit of prosecution for violations, and rejected the challenge to the rule.

Required Individualized Assessment under ADA Must be Adequate. - ELINFONET.com - May 11, 2010
Denying an employer’s motion for summary judgment in an Americans with Disabilities Act action brought by the Equal Employment Opportunity Commission, a Pennsylvania federal court has held that the employer failed to make an adequate individualized assessment whether a recovering addict on methadone could safely perform the essential functions of a production-worker position in a copper mill. EEOC v. Hussey Copper Ltd., 22 A.D. Cases (BNA) 1821 (W.D. Pa. Mar. 10, 2010). The employer also failed to establish that the individual posed a “direct threat” to other workers due to his methadone use, the court ruled.

Third Cir. Rules that Side Effects from Treatment May Be an ADA Impairment. - ELINFONET.com - May 11, 2010
The Third Circuit Court of Appeals recently ruled that side effects from medical treatment may constitute an impairment under the Americans with Disabilities Act (the “ADA”). The 3d Circuit's decision in Sulima v. Tobyhanna Army Depot is clear that, under limited circumstances an employee-plaintiff may have a cause of action under the ADA if he can prove that the effects of medical treatment are truly disabling, even if the underlying condition is not.

Federal Health Care Law Gives Nursing Mothers a Break (pdf). - ELINFONET.com - May 11, 2010
Nursing mothers who work for larger companies(50+ employees) are afforded new protectionsunder the federal heath care law. ThePatient Protection and Affordable Care Actamends the Fair Labor StandardsAct to requirethese larger employers to provide nursingmothers “reasonable break time” to express breast milk and a private comfortable place to do so.

Lowe's Centers Face OSHA Fines for Poor Recordkeeping - HR.BLR - May 11, 2010
(5/11) Lowe's Home Centers Inc. is looking at $110,000 in OSHA penalties. Two Lowe's Home Centers in Ohio were cited for failing to document and report employee injuries and illnesses on multiple occasions.

Was Company Bound By USERRA to Reemploy Her? - HR.BLR - May 11, 2010
(5/11) When a Captain in the U.S. Army Reserve returned from military duty, she requested reemployment from a company other than with which she'd previously been employed. She claimed that the company was a "successor in interest"to her former employer.

HR the key to retain restless workers - The Industry Radar - May 10, 2010
Employers are under increased pressure to engage and retain their employees following research that reveals one in six workers have applied for a new job in the past six months.

HR jobs shoot up again - The Industry Radar - May 10, 2010
Human resources topped the list of four job sectors to show an increase in job ads in April, according to the Advantage Professional Job Index.

SuccessFactors: Another SaaS Player With the Wind at its Back ... - The Industry Radar - May 10, 2010
It's a lot more fun when the winds are blowing your way. You get that feeling when you go to a SaaS users conference like the one today for SuccessFactors. SuccessFactorsis a company that has established its own pillar in the ...

I'm a Little Creeped Out by This - The Industry Radar - May 10, 2010
IF YOU'VE ever joked about your boss being a robot, stop laughing, they soon could be. A web service has launched that allows software algorithms to automatically recruit, hire and pay workers to do a wide variety of tasks."For the last 60 years, humans have controlled software - now we're getting to the stage where software can control humans," says Matt Barrie of Australian website Freelancer.com.I'm all for progress and efficiency, and heaven knows I've spent enough time complaining about recruiters, but creep-o-matic....

3 Lessons from the Military - The Industry Radar - May 10, 2010
Forget about strategy and tactics for a moment. The most important lessons you can learn from the military are about training and simple systems.

ERP as a Service - ERP Cloud News (blog) - The Industry Radar - May 10, 2010
ERP as a Service ERP Cloud News (blog) Examples like salesforce.com, Google Apps, Taleo , and Workday show how SaaS can be an advantageous model for some software categories while other categories ... and more »

IQNavigator and MBO Partners Team Up to Deliver Integrated Independent ... - Earthtimes (press release) - The Industry Radar - May 10, 2010
IQNavigator and MBO Partners Team Up to Deliver Integrated...

My Former Boss is Pretending I Still Work There - The Industry Radar - May 10, 2010
Almost a year ago I left a job at a small company I had been with for many years. At the time I gave notice, I was instructed that I was not to inform any customers of my departure. I respected that as I don’t believe it was my choice to make.My issue: it’s recently been brought to my attention by several people that my former boss (the owner of the company) is cc’ing my old email address on communications with customers. I fully appreciate that the email profile bearing my name is owned by the company. I can also understand that they might wantto keep it live to monitor the inbox for business-related emails. (Given my long tenure, this is certainly possible, even a year later).However, it would seem to me that the only reason my former boss would cc my address at this juncture would be to misrepresent my current status with the company. This strikes me as ethically questionable at best. I should mention that...

Ceridian's Repeatable, Reliable Service a Differentiator for the National Counseling Group - The Industry Radar - May 10, 2010
MINNEAPOLIS----Ceridian Corporation, a leading provider of managed human resource, employee benefits administration, tax filing, payroll outsourcing and talent management solutions, announced today that the National Counseling Group has selected Ceridian to manage its payroll, HR, benefits administration self-service and new hire reporting services.

What Motivation Looks Like – Real World Example in HRevolution - The Industry Radar - May 10, 2010
I spent a rather chilly weekend in Chicago (don’t worry – I made it back in time for Mother’s Day!) I was attending my second HRevolution meeting at the Catalyst Ranch (wonderful venue btw.) The first HRevolution was last year in November. For those who have no background on the event here’s a link to the initial post on how it started and why. The attendee list was probably more social media savvy than your...

How To Build Performance - The Industry Radar - May 10, 2010
I'll tell you how. How to create the conditions for motivation, engagement, retention, and performance. If you are a manager giving an assignment, be crystal clear about the what--then let your people deliver on how it will be done. Why?...

Communication - it's all about moustaches - The Industry Radar - May 10, 2010
I was running an event about leadership and communications last week. My theme for the event was borrowed from GarrReynold's "Presentation Zen" book. However, rather than design and presentation technique, I focused on what it takes to be an effective leader and communicator.The event went very well and I enjoyed interacting with the large group of accountants and actuaries (honestly I really did!). At one juncture we were discussing one of the key facets of...

It's only words - business still speaking like idiots - The Industry Radar - May 10, 2010
I had a very weirdexperience the other day. One of our accountants called me and asked me for my "backlog forecasts". Excuse me? "We need to accrue your backlog as part of the cycle"....what cycle? "the WIP" WHAT? Now I'm sure this is all important stuff but jesh- why use English when finance speak will do a much better job of confusing the hell out of everyone?!This conversationstarter from Delta 7says it all:...

Retailers Beware: Statements May Not Be Protected. - ELINFONET.com - May 10, 2010
The nationwide spate of class actions against retailers continues. These lawsuits typically allege management-level employees are misclassified as exempt from overtime laws and non-exempt employees are not provided all required meal and rest breaks. Employers have developed strategies to try to defend against this wave of litigation. One common strategy against wage-and-hour class actions, particularly at the precertification stage, is “declaration blitzes” of putative class members.

Court Lifts Ban on NFL Drug-Test Suspensions. - ELINFONET.com - May 10, 2010
A Minnesota trial court has ruled that the National Football League was properly considered an “employer” for state law purposes and that it violated the notice provisions of Minnesota’s Drug and Alcohol Testing in the Workplace Act (“DATWA”) in drug-testing two players. However, in the May 6, 2010, decision, Judge Gary Larson, of the Hennepin County, Minnesota District Court, declined to find the NFL violated DATWA’s confidentiality provisions. More significantly, the court determined that the affected players, Kevin and Pat Williams, even with the technical violations DATWA, did not incur any damages. Thus, the court refused to keep in force an injunction it had earlier issued that barred the NFL from suspending the players.

"Plan/Prevent/Protect": The DOL’s Program to Transform Employment Law Compliance for Businesses. - ELINFONET.com - May 10, 2010
On April 26, 2010, the Department of Labor (DOL) issued its Spring 2010 Regulatory Agenda. Additionally, the DOL announced an enhanced regulatory and enforcement strategy for U.S. businesses entitled: "Plan/Prevent/Protect": The Beginning of a Broader Regulatory and Enforcement Strategy. This plan formalizes the Department's strategy, which until now has been unofficial.

Was Speech Within the ?Course of Her Duties?? - HR.BLR - May 10, 2010
(5/10) A Colorado nurse at a public hospital complained to many other hospital workers about what she felt was inadequate care in her unit. She also complained to three outside agencies. When she was fired for what the hospital said was poor performance, she sued, charging retaliation for her exercise of free speech.

IRS Deadline: Certain Organizations Must File by May 17 to Keep Tax-Exempt Status - HR.BLR - May 10, 2010
(5/10) Tax-exempt organizations that are required by law to file their Form 990 with the Internal Revenue Service (IRS) have to file by May 17 or risk losing their tax-exempt status. The Pension Protection Act of 2006 (PPA) requires that non-profit organizations have to file an information form with the IRS. This does not include churches or church affiliated organizations.

Your Work Coach: Flee when boss intrudes on personal ... - Macon Telegraph - The Industry Radar - May 9, 2010
I tried going to human resources, but the HR manager said I should apologize to Rhonda because she is just trying to be my “sister in Christ.” Quitting is not an option, so what can I do? ANSWER: This situation is wrong on so many levels that I ...

Marshall Goldsmith at AHRI National Convention - The Industry Radar - May 9, 2010
Marshall Goldsmith opened the 2010 AHRI National Convention with a highly interactive and thought provoking talk looking at how to be a better coach. Marshall began the session by saying his focus is to teach leaders what to STOP doing instead of teaching them what to do.Marshall provided us 5 key challenges of successful leaders [...]

5/9/10: Leadership Reading to Start Your Week - The Industry Radar - May 9, 2010
Here are five choice articles from the business schools, the business press and major consulting firms to start off your work week. I'm pointing you to articles about women in business leadership, the design genius behind the iStuff, an article in praise of bonuses, the Navy's leadership training, and the largest pharmaceutical company you've probably never heard of.

What Would the Workforce Say? - Workforce Management - The Industry Radar - May 9, 2010
ne of the many benefits of my role in human resources executive education is that I get to listen to a lot of different senior HR managers and chief HR officers talk candidly about their organizations and their function. While I obviously have to be ...

Nick's: HR Analytics: Upping the Ante - The Industry Radar - May 9, 2010
From a practical perspective, adoption of these kinds of HR analyticsnow centers on four interconnected factors. The first step is for HR functions to create sufficient time to focus on business intelligence, primarily by freeing ...

Workplace Pet Peeve 2010 - Poor Time Management Skills | HR World ... - The Industry Radar - May 9, 2010
HR World Today Human Resources Facebook Page. Employees would rather deal with gossiping co-workers than with colleagues who have poor time management skills, according to Randstad, a leading staffing firm and workforce solutions ...

Employment disconnect - The Province - The Industry Radar - May 9, 2010
Employment disconnect The Province According to the study, conducted in collaboration with Human Resources and Skills Development Canada , the top three challenges reported by would-be ...

Health Care Reform: Are You Prepared? A Timeline for Employers to Follow. - ELINFONET.com - May 7, 2010
The Patient Protection and Affordable Care Act was signed into law on March 23, 2010. Amendments to the PPACA were included in the Health Care and Education Reconciliation Act of 2010, which was enacted on March 30, 2010 (these two Acts are collectively referred to as the “PPACA”). The legislation will impose significant new responsibilities on employers, some of which are already effective. While further guidance is expected on the application of these requirements, the following provides a summary and timeline of key provisions of the PPACA. As employers look ahead to the implementation of the PPACA, Littler Mendelson will be providing additional publications to provide employers with compliance strategies in connection with various components of the new law.

2010 Is Not 1984: Stengart v. Loving Care Agency, Inc. and Cyber Privacy in the Workplace. - ELINFONET.com - May 7, 2010
"There was of course no way of knowing whether you were being watched at any given moment," explained Winston Smith, the protagonist of George Orwell's masterpiece, 1984. Smith and his fellow employees worked and lived under the assumption that every sound they made was overheard, every utterance recorded, and every movement scrutinized by their employer, a government agency. As an ever-increasing number of employers provide their employees with work-issued computers and Internet access, life appears to be imitating art.

Turns Out FTC Actually Expects You to Follow Its Rules. - ELINFONET.com - May 7, 2010
The Federal Trade Commission updated its Guides Concerning the Use of Endorsements and Testimonials in Advertising to require employees to disclose their employment relationship when “endorsing” their employer or the employer’s goods or services, or even defending the employer online. The “Endorsement Guides” have real implications for employers in today’s Web 2.0 world, where CEOs blog, customer-service representatives tweet, and everything in between. If you’re not familiar with the endorsement guides, you can get up to speed by reading this post, Another Reason Employers Need a Social-Media Policy: New FTC Regulations.

Diversity: To Be or Not To Be? There is No Question: It’s Got to Be – And It’s Up to You and Me! - ELINFONET.com - May 7, 2010
In the beginning, they came to the Ark, two by two, animals of every species: lions, camels, antelope, cattle, birds and reptiles. The great flood came. The animals remained in the Ark until the flood receded. Yes, it was Noah’s Ark, and the diversity of its passengers was mandated by God, as the story goes. They were all in it together, just as we all are.

Effective Documentation Speaks Volumes...And Protects Your Hospital. - ELINFONET.com - May 7, 2010
Document, document, document. Although this adage is second nature to human resources professionals, it is often not as important to front-line supervisors. Unfortunately, the key to maintaining an effective paper trail rests with those supervisors, who need to recognize what, when, and how to document. Shortcomings on these fronts can be as disastrous as having no documentation at all. Sometimes, it can even be worse. On the other hand, effective documentation can be invaluable when dealing with the EEOC or a lawsuit.

Retaliation Claims Continue to Rise, Lead the Pack at the EEOC - ELINFONET.com - May 7, 2010
From 1997 to 2008, race discrimination was the most frequently asserted claim by individuals filing charges of discrimination with the Equal Employment Opportunity Commission (EEOC). Since 1997, race discrimination has been asserted in approximately 35% of all EEOC charges.

Use Caution When Conducting Wage Surveys. - ELINFONET.com - May 7, 2010
Conducting wage surveys to determine whether healthcare workers, particularly nurses, are being paid competitively is nothing new. They can be helpful in determining whether a particular employer might need to raise wage levels to minimize turnover and remain an attractive employer in a competitive field. But if not done carefully, such surveys can land you in the middle of an anti-trust law suit defending your company from allegations of collusion.

Tough Times? Don't Neglect Learning - HR.BLR - May 7, 2010
(5/7) Chances are in this economy that you've cut back your training and development budget. And maybe that can't be avoided. But one consultant, Mark Murphy of Leadership IQ, fears those budget cuts will so deemphasize employees'opportunities to learn that their employers will suffer. So he urges us to seek affordable ways to keep our people stimulated.

Possible Changes to DOL Enforcement Strategy - HR.BLR - May 7, 2010
(5/7) The Department of Labor (DOL) announced plans for "Plan/Prevent/Protect", a new strategy to increase employment law compliance. Highlighted in the DOL's spring 2010 Regulatory Agenda, the new strategy would place the burden of compliance on employers rather than having government agencies responsible for "catching"violators.

Kanexa launches new offering - The Industry Radar - May 6, 2010
BANGALORE, INDIA: HR software solutions company Kenexa has unveiled details of its new technology platformA called Kenexa 2x.

Troubled workers comp insurer considers options - Business Insurance - The Industry Radar - May 6, 2010
Troubled workers comp insurer considers options...

The Office Brawl? Dealing with Feuding Employees - Wall Street Journal - The Industry Radar - May 6, 2010
But human-resources experts say reaching a resolution is critical, as frequent arguments between employees can result in increased turnover, a slowdown in productivity and even violence. Crisis Management International Inc., an Atlanta consulting ...

Current Data on the Employment Situation - The Industry Radar - May 6, 2010
Every month the Bureau of Labor Statistics publishes a report on the Employment Situation.  Here are highlights from the most recent report: Unemployment rate held at 9.7 percent Temporary help services and health care continued to add jobs over the month. Employment in federal government also rose, reflecting the hiring of temporary workers for Census 2010. Employment continued to decline in [...]

If they demand 12 inches then you give them a mile and all the while you just eat 'em and smile. - The Industry Radar - May 6, 2010
It's been almost three years.Three years we've serviced this client and every other week we hear the Janet Jackson songechoing all around us:"What have you done for me lately -- oooo, oooo, oooo, yeah!"I don't like the messaging, the design sucks, why aren't my adwords pulling, why am I not in the Wall St. Journal, why am I not...

Employees Don’t Know Jack About Their Benefits - The Industry Radar - May 6, 2010
Note from Lance: Back when I was rocking Windows 98 and a bowl cut, one of my favorite PC games of all time was You Don’t Know Jack (YDKJ). It is essentially a trivia game but with as much snark and irreverent humor as my little CD-ROM drive could handle. The guys that did YDKJ are back [...]

SumTotal Completes SAS 70 Type II Annual Certification - PRWeb - The Industry Radar - May 6, 2010
is a leading provider of proven talent development solutions that automate and integrate learning, performance, and compensation management to drive business results on a daily basis. Our solutions strengthen and develop employee skills to accelerate ...

Women Who Bully - The Industry Radar - May 6, 2010
Dorothy Dalton has been posting and drawing comment on the issue of women who are workplace bullies. It's an issue that needs discussion.

Election 2010: Vote for Monster Raving Loony Party - The Industry Radar - May 6, 2010
Guru urges all disciples today to vote for the Monster Raving Loony Party.Having closely examined their manifesto proposals, Yours Truly cannot commend this bunch of upstanding idealists highly enough.Policy highlights include:Jetpacks for the elderly. This way they don't block the pavements and roads with those slow little machines that they have. This will reduce congestion so will be good for the environmentCombat stress by abolishing Mondays and having two SaturdaysFurther reduce stress by introducing the third class stamp. By the time your letter arrives the problem will have disappearedGuru really likes the idea of abolishing Mondays. I'm sure many of you reluctant workers would agree. Vote MRLP!!!!!!!

Laughter"s the best medicine - The Industry Radar - May 6, 2010
If a colleague passes their work onto you for some reason, just do it poorly to ensure they never pass it on again. Or, if you can’t work out how to use the photocopier, destroy it.

Democratic Senators Put Forth Immigration Reform Proposal - ELINFONET.com - May 6, 2010
Senators Harry Reid, Richard Durbin, Charles Schumer, Patrick Leahy, Dianne Feinstein, and Robert Menendez have announced the Real Enforcement with Practical Answers for Immigration Reform (REPAIR) Proposal, a 26-page framework for immigration reform. The main themes of the proposal announced more »

New Medicare Secondary Payer Reporting Rules Affect How Insurers and Employers Settle Claims - ELINFONET.com - May 6, 2010
New far-reaching reporting requirements have been added to the Medicare Secondary Payer (MSP) rules. The breadth and complexity of this project has caused the regulatory agency (the Centers for Medicare &Medicaid Services or “CMS”) to delay implementation. Currently, these reporting rules will generally apply as of January 1, 2011, for covered settlements, judgments, awards, or other payments on or after October 1, 2010. However, many affected entities may need to start the registration process with CMS now.

UNPAID INTERNSHIPS AND WAGE-HOUR LAW - ELINFONET.com - May 6, 2010
The unpaid internship dates back to times when there were no minimum wage or overtime laws. Apprentices would work for a carpenter or silversmith, perhaps for free or maybe room and board. There were no vocational schools. All training was “on the job.”

Evidence: Medical Evidence and Lay Testimony Sufficient to Prove FMLA Claim (pdf). - ELINFONET.com - May 6, 2010
The Third U.S. Circuit Court of Appeals, which covers Delaware,recently decided an issue previously unresolved by the court. In doingso, it held that a combination of medical evidence and lay testimony issufficient to show an employee was "incapacitated"as defined by theFamily and Medical Leave Act (FMLA). The decision overturned thestandard ¯ that an employee must present expert medical testimony that she was incapacitated under the FMLA ¯ adopted by most district courts in the Third Circuit.

Social Networking: Employer Uses Employee's Social Networking as Evidence in Noncompete Case (pdf). - ELINFONET.com - May 6, 2010
LinkedIn, a social networking site targeting business professionals, can beused as an online Rolodex ¯ a place to store contacts and a vehicle to maintain professional relationships. In a federal lawsuit filed in Minneapolis, an employer has alleged that ex- employees (and one current employee) used the website to unfairly compete against it. Specifically, the employer claims they used the site towrongfully solicit its customers and employees.

Some Cautionary Tales. - ELINFONET.com - May 6, 2010
When the EEOC files a lawsuit against an employer or when it settles a case short of trial, it almost always issues a press release. The press release is, of course, one-sided and usually sets forth only the EEOC's view of the facts. As a result, they can be terribly embarrassing for the employer.

'Young Worker Safety and Health'Highlighted by NIOSH - HR.BLR - May 6, 2010
(5/6) The safety and health of young workers is an initiative of several government agencies as summer approaches. Over 2 million young workers are employed in the U.S. Statistics suggest approximately 150,000 of those youths suffer from work-related injuries and illnesses each year. In 2008 alone, 34 teens died from injuries sustained on the job. It is in the best interest of employers, and their employees, to take proper steps to keep young workers safe.

DOL Alleges Veggie Broker Owes Plan $3.78M - HR.BLR - May 6, 2010
(5/6) Fiduciaries of an employee profit-sharing plan at Orrin H. Cope Produce, Inc., a Miami-Dade County produce broker, misappropriated more than $3.78 million in plan assets, the U.S. Department of Labor (DOL) alleged in a recently filed lawsuit.

coworker won't stop sulking after I turned down a date - The Industry Radar - May 5, 2010
A reader writes:I moved to my current role in late November last year. Many of the other employees have known each other for years and socialize together out of work. In principle I prefer to keep my work and personal lives separate, but I will go to lunch from time to time and to the 'yay we met our targets' drinks.The problem. One of my male colleagues has taken a fancy to me and asked me out. There is no policy against dating your colleagues where I work, just not your direct supervisor/ee. However, apart from the fact that I don't care to star in the office gossip mill (there seems to be what I would consider a LOT of over-sharing going on), I have spent enough time around him in the last five months to know that I am not at all attracted to him.The first time he asked, I had no interest in either him or the show, so declined and told him that I preferred to keep my social life well away from work....

Optimize Human Resources For Better Results - The Industry Radar - May 5, 2010
Compensation Management: This deals with the salary negotiations. The other things involved in this are wage labor and job evaluation. 6. Promotion of motivation and morale: This aspect deals with the improvement techniques implemented ...

HHS Issues Rules for Retiree Care Reimbursements - The Industry Radar - May 5, 2010
Health benefits that qualify for reimbursement include medical, hospital, surgical, prescription drug, mental health and other benefits that may be specified by the HHS secretary.

EEOC Issues Advisory Opinions on Possible Disparate Impact in Credit Checks, Education Requirements. - ELINFONET.com - May 5, 2010
On March 29, 2010, the EEOC’s Office of Legal Counsel released two informal discussion letters addressing disparate impact in credit checks and education requirements.

Small Business Tax Credit For Healthcare Now Available. - ELINFONET.com - May 5, 2010
As part of the Patient Protection and Affordable Care Act (PPACA) signed into law by President Obama on March 23, 2010, small businesses now have reason to consider offering health insurance coverage for the first time or to continue maintaining existing coverage for their employees. The enticement? A new special tax credit that takes effect immediately.

Sixth Circuit Overturns Employer's Litigation Waiver for Lack of Detail. - ELINFONET.com - May 5, 2010
On April 26, 2010, the United States Court of Appeals for the Sixth Circuit, which encompasses Kentucky, Michigan, Ohio and Tennessee, ruled that companies that require their employees to grieve or arbitrate their employment claims must provide them with sufficient information at the time of their acceptance to constitute a "knowing and intelligent"waiver.

More Companies Kept Healthcare Costs Down in 2009 - HR.BLR - May 5, 2010
(5/5) Forty-one percent of respondents reported spending up to $5,000 per employee on health care in 2009, with 47% reporting costs in the $5,000-10,000 range, and 12% reporting costs of per employee of over $10,000 per year, according to a recent survey of healthcare practices by BLR.

$2.6 Million Grant to Help Laid-Off Airline Workers - HR.BLR - May 5, 2010
(5/5) A $2.6 million grant will help more than 600 airline workers affected by layoffs, announced the U.S. Department of Labor (DOL) today. The grant will workers affected by layoffs at Northwest Airlines in Eagan, Minnesota find employment.

Affirmative Action Tips for Construction Contractors Offered by OFCCP - HR.BLR - May 5, 2010
(5/5) When evaluating a federal contractor's affirmative action compliance, the Office of Federal Contract Compliance Programs (OFCCP) looks at a myriad of factors. In a recent webinar, "Construction Contractors "16 Steps to AA Compliance,"Gloria Moses-Harper, an OFCCP compliance officer, offered advice for construction contractors to meet their affirmative action obligations:

Disciplinary action over conduct outside of work - The Industry Radar - May 4, 2010
Recent news stories have raised the issue of when and to what extent an employer is entitled to legitimately say that events in the private lives of employees are relevant to their employment. Paul Reeves, partner, and Ben Brown, associate, Stephenson Harwood, consider the legal aspects.

Performance Feedback Through The Back Door - The Industry Radar - May 4, 2010
Are you getting any real feedback on your performance at work? Faux Feedback Disguised as 360 Assessment 1. I was asked late last year to provide coaching for a middle manager. During the exploratory meeting, I asked his boss how...

10 Executive Search Tips - BusinessWeek - The Industry Radar - May 4, 2010
Use onboarding. Given that research shows as many as 40% of externally recruited executives fail within their first 18 months, plan an extensive onboarding program. It will help the recently hired executive avoid fatal mistakes and accelerate the ...

Is Facebook creating the next generation of buttheads? - The Industry Radar - May 4, 2010
My generation grew up talking about peace, love and understanding. We didn’t do too well about that. The world we’ve created is not appreciably better than the one left us by our square old parents, although there have been some improvements. I won’t argue with you about those. If you don’t know what they are, [...]

27 gen: Are You Practicing Onboarding? - The Industry Radar - May 4, 2010
Are You Practicing Onboarding? My company has been planning an expansion in the business development area - the department I manage. So I've been preparing an "onboarding" process. It's exactly what it sounds like: bringing a new ...

A Good Job Is Hard to Find - The Industry Radar - May 4, 2010
In the article Global Migration Patterns and Job Creation, The CEO of Gallup sums up findings from their World Poll in a single sentence:“What the whole world wants is a good job.”Think about that. The beautiful simplicity of this statement reveals dramatic implications for all business leaders worldwide. It also validates why talent management has become so critical to business success.It’s time to take talent personally. Suddenly HR leaders, recruiters, and talent savvy line managers have been given the responsibility to deliver on the most important desire of most people worldwide and ...

The No Asshole Rule: A Useful Book Even For People Who Don't Read It? - The Industry Radar - May 4, 2010
This September, I will be publishing a new book called Good Boss, Bad Boss: How to be the best... and learn from the worst, which I will introduce here in some detail here very soon (It was just posted on...

SumTotal Systems Enhances Performance Management ... - PRWeb - The Industry Radar - May 4, 2010
is a leading provider of proven talent development solutions that automate and integrate learning, performance, and compensation management to drive business results on a daily basis. Our solutions strengthen and develop employee skills to accelerate ...

HR as a "Strategic Business Partner"? 5 Concepts To Really Being A ... - The Industry Radar - May 4, 2010
Human Resources team is often viewed by people inside HR and out as “HR against everyone else.” So for instance, if the strategy of the HR team is to “break down the walls between departments” How can this effectively occur when HR is ...

Your Office Coach: Best plan when boss intrudes on ... - The State - The Industry Radar - May 4, 2010
I tried going to human resources, but the HR manager said I should apologize to Rhonda because she is just trying to be my "sister in Christ." Quitting is not an option, so what can I do? ANSWER: This situation is wrong on so many levels that I ...

Kris Dunn Wants You to Bend it Like Beckham/Apple on Intellectual ... - The Industry Radar - May 4, 2010
Punk Rock Human Resources . Anti-Establishment Career Advice. Home · HR Girl, Interrupted · Blogroll · See Me Speak! Other Publications · Punk Rock HR Employee Handbook. Kris Dunn Wants You to Bend it Like Beckham/Apple on Intellectual ...

Ways to Avoid Complaints from Human Resources - Latest HR - The Industry Radar - May 4, 2010
When working in an office with other people you have to learn to get along, no one wants to be the odd person in the office.

The Ideal Solution in Applicant Management is Here - PR Web (press release) - The Industry Radar - May 4, 2010
PR Web (press release)...

Kenexa Earnings Conference Call (Q1 2010) - YAHOO! - The Industry Radar - May 4, 2010
Its hiring solutions include Kenexa recruitment process outsourcing (RPO) that provides global recruitment services; recruitment technology solutions; onboarding solutions, which offer forms management for legal documents, workflow, and electronic ...

$5 Billion for Retiree Health Coverage - HR.BLR - May 4, 2010
(5/4) Regulations were established for a temporary program that will help employers provide coverage to early retirees. The U.S. Department of Health and Human Services (HHS) announced the Early Retiree Reinsurance Program will begin on June 1 of this year, before the June 21 start date required by the Affordable Care Act.

Unions Address Merger of Two Major Airlines - HR.BLR - May 4, 2010
(5/4) The success of a $3 billion merger between two major airlines will depend on combining assets as well as uniting two labor forces. United Airlines and Continental Airlines announced the merger earlier this week that could make it the one of the world?s largest airlines.

Oil Spill Poses Hazards to Cleanup Workers - HR.BLR - May 4, 2010
(5/4) A government website was established to provide information to oil spill cleanup workers. The website was established by the Occupational Safety and Health Administration (OSHA) and is dedicated to "keeping workers safe during oil spill response and cleanup operations."The website is responding to the recent oil spill crisis in the Gulf of Mexico.

Woman CEO knows when to walk away. - The Industry Radar - May 3, 2010
Leadership Become a Coach? International Coach Academy offers certified coach training in over 90 countries and their new Lobii concept holds promise for changing they way organizations lead and manage their employees--allowing you and other trained coaches the ability to guide the transformation of corporate cultures.

coworkers don't like me because I'm younger - The Industry Radar - May 3, 2010
A reader writes:I am 22 years old, I have a degree and I am a Marketing Coordinator for a franchise.  Now I work with two coworkers and my boss, all of who are in their mid 30's.  My boss has proven to be a great boss,  until now.The two coworkers I work with have known each other since they were 19, go on smoke breaks together and know all the same friends.  So of course I don't fit in so much already.  I've worked here for 6 months and I guess I thought I might start to fit in by now, but that is not the case.  One coworker in particular does not want me to fit in ever and she makes a point to let me know that.  One day she'll be kind to me and the next she's well a complete "B"!  Trying to kill her with kindness hasn't worked and finally I talked with my boss about the situation, due to the fact that I was going home crying half the time.  He said that my age was a factor in the way they all acted...

Goldman Puts Spotlight On Self-Evaluations - Wall Street Journal - The Industry Radar - May 3, 2010
But even human-resources professionals were surprised to learn that self-assessments aren't really confidential, even beyond their use in wrongful-termination litigation. The revelation of what many considered confidential information could have a ...

4 Ways Foursquare Can Improve Your Workplace - Mashable (blog) - The Industry Radar - May 3, 2010
Mashable (blog) 4 Ways Foursquare Can Improve Your Workplace Mashable (blog) Sharlyn Lauby is the president of Internal Talent Management (ITM) which specializes in employee training and human resources consulting. ...

Self-Assessments Can Be Used Against You - Wall Street Journal - The Industry Radar - May 3, 2010
But even human-resources professionals were surprised to learn that self-assessments aren't really confidential, even beyond their use in wrongful-termination litigation. The revelation of what many considered confidential information could have a ...

SuccessFactors Buys CubeTree in $50 Million Stock Deal | Search ... - The Industry Radar - May 3, 2010
SuccessFactorsis acquiring CubeTree for $20 million in stock plus a contingent cash payment after three years, bringing the total value to $50 million. Sponsor. CubeTree is a real-time collaborative work space that provides a platform ...

HR Entrepreneur: How HR Can Reinvent Itself and Transform the Business - The Industry Radar - May 3, 2010
My commentary on the world of human resources and entrepreneurship. I have over ten years experience in Human Resources . My commentary is designed to protect the employers of the United States because let's face it - you need all the ...

Bosses - Love em or Leave em! Which one are you? - The Industry Radar - May 3, 2010
Here is a quote from an article on INC.com called, How to Keep Your Workers Happy: Many people actually say cleaning the house is more enjoyable than sitting in the same room with their boss. The sad part is that...

How efficient is Your Application Tracking System: | Dinero y Trabajo - The Industry Radar - May 3, 2010
Some ATS' are just extensions of Talent Management Systems which help a Business to source, develop and engage people within the organization. Such features would be costly and redundant for Small Businesses which are just looking for a ...

The CEO's Role in Talent Management « Total Synergy Solutions - The Industry Radar - May 3, 2010
Chief executive officers (CEOs) are increasingly responsible for, and involved in, talent management . The heads of human resources departments play an important, supporting role in executing talent strategy. ...

Moving from a Decentralized to a Centralized Contingent Workforce ... - The Industry Radar - May 3, 2010
There are many types of contingent workforcemanagement programs all of which require some level of program oversight and have fulfillment in mind. However today, as more companies are doing more with less, I am beginning to see ...

Workplace discrimination a growing risk as the workforce diversifies - The Industry Radar - May 3, 2010
New data from the EEOC confirms that today's workforce is become increasingly diverse. Not only is the total number of minority workers on the rise, so is the number of different cultures represented. Read on to learn what this means to workplace discrimination risks in your organization.

Communications – Why It’s More Than An "Announcement" - The Industry Radar - May 3, 2010
I've posted more than once (at least twice – here, and here) on the importance and value of communicating an incentive and reward program. Your audience is inundated with communications – from their boss, from their company HR department – from their vendors and suppliers – from their family. We are not lacking for communication in this world. What we are lacking in is understanding. Communications campaigns are designed to transfer information. For incentive and...

The Three Faces of Workscape - Human Resource Executive Online - The Industry Radar - May 3, 2010
The Three Faces of Workscape Human Resource Executive Online Just look at Salary.com going from salary surveys to offering the Talent Management suite. In fact, look at the origins of all of the TM suite vendors ...

New Kenexa 2x(TM) Platform Drives Business Transformation 7:4 - The Industry Radar - May 3, 2010
With more than 20 years of experience in developing and delivering HR software solutions, Kenexa (NASDAQ: KNXA), a global provider of business solutions for human resources, today shared details of its new technology platform, Kenexa 2xâ„¢. Kenexa 2x provides a Unified Talent Record across the employment lifecycle linking Recruitment, Onboarding, Performance Management and Mobility on one technology platform. Kenexa 2x enables customers to improve productivity, increase cost savings, ensure compliance with corporate and legal mandates, and raise employee engagement. Market Wire

Persuasion and Sales: Yes You Can - The Industry Radar - May 3, 2010
You've heard it: "I could never be in sales." Monitor your conversations for a day. How often are your really trying to convince someone to see things your way? For some reason it's OK to persuade but icky to sell....

50% of Workers Headed for Job Extinction? - The Industry Radar - May 3, 2010
More than 25%, or over 2 million, of the jobs that were erased from the economy over the past two years are probably gone for good.

Tim Sackett: New Hire Orientation and Pre Flight Safety ... - The Industry Radar - May 3, 2010
Punk Rock Human Resources . Anti-Establishment Career Advice. Home · HR Girl, Interrupted · Blogroll · See Me Speak! Other Publications · Punk Rock HR Employee Handbook. Tim Sackett: New Hire Orientation and Pre Flight Safety ...

10 Habits of Highly Unsuccessful Business Owners and Managers ... - The Industry Radar - May 3, 2010
Do you spend every waking minute at work? Do you find it difficult to take time out for you? Are you constantly working in a mess? The Small Business Owner These people tend to be involved in every aspect of their business from being ...

Proposed Legislation Focuses on Misclassification of Workers. - ELINFONET.com - May 3, 2010
The Employee Misclassification Prevention Act, recently introduced in both House (HR 5107) and Senate (SB 3254), would amend the Fair Labor Standards Act by imposing additional record keeping and notice requirements. Specifically, employers would have to provide each hired individual written notification of the following:

Compliance Plans -- Showing How You Are Not Breaking the Law. - ELINFONET.com - May 3, 2010
Seth Harris, the number two person in the Department of Labor, has announced the intention of the DOL to require employers to adopt compliance plans "aimed at ensuring they do not violate wage, job safety and equal employment laws," according to Steve Greenhouse's report in yesterday's New York Times, U.S. Outlines Plan to Curb Violations of Labor Law.

IRS Issues Guidance on Tax Treatment of Health Care Coverage for Adult Children Under Age 27. - ELINFONET.com - May 3, 2010
IRS Issues Guidance on Tax Treatment of Health Care Coverage for Adult Children Under Age 27

COBRA Subsidy Program Extended and DOL Model Notices Updated Again. - ELINFONET.com - May 3, 2010
On April 15, President Obama signed into law the Continuing Extension Act of 2010 (the "Act"), thereby extending for a third time the program that subsidizes continued health care coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (and similar state continuation coverage laws) ("COBRA") for involuntarily terminated employees. That program provides that certain employees whose employment is involuntarily terminated can continue health coverage under COBRA by paying only 35% of the ordinary COBRA premiums for up to fifteen months. The insurer, the employer or the health plan pays the remaining 65%, which is recovered from the federal government through a credit against payroll tax liabilities or through direct reimbursement.

Executive Labor Summary (April 2010). - ELINFONET.com - May 3, 2010
NLRB May Be Totally Pro-Labor by September; Liebman Expects New Board to “Reinvigorate” Collective Bargaining; “Stealth” Replacements Cost Employer $2.55 Million; Validity of Two-Member NLRB Rulings Argued in Supreme Court.

Global Executives More Willing Than Ever to Pack Their Bags for ... - The Industry Radar - May 3, 2010
November 18th, 2009 Five-Year Study Focuses on Long-Term Trends in Compensation LOS ANGELES, November 19 - Korn/Ferry International (NYSE: KFY), a premier global provider of talent management solutions, today released results of a ...

Inconsistent administration of physical ability test can create a triable question of intentional discrimination. - ELINFONET.com - May 3, 2010
The 4th U.S. Circuit Court of Appeals has reversed a lower court’s summary judgment in favor of an employer who required a female employee to take a physical ability test after an on-the-job injury, even though it did not require such a test for similarly situated male employees.

Being Green Saves Ford Significant Dollars - HR.BLR - May 3, 2010
(5/3) Ford Motor Company recently estimated that it will save $1.2 million and reduce its carbon footprint by 16,000 to 25,000 metric tons annually, just by the simple step of "powering down"laptop computers and desktop PCs every day when not in use. A centralized system will shut down unused computers automatically after any scheduled computer software updates are completed.

Industry Partnership Legislation Passes House - HR.BLR - May 3, 2010
(5/3) On March 24, the Pennsylvania House of Representatives unanimously passed House Bill (HB) 2230, which would incorporate Pennsylvania?s industry partnerships into the Workforce Development Act of 2001. The bill would give structure and permanence to the partnerships, which provide targeted job training to meet the demands of employers throughout Pennsylvania.

CEO Failures: How On-Boarding Can Help - The Industry Radar - May 2, 2010
Borrowers have grace periods. Married couples have their honeymoons. And new leaders have long had their "first 100 days." For CEOs, at least, that's the approximate time between a new job's starting date and various types of reckoning.

Is This Our Legacy? - Workforce Management - The Industry Radar - May 2, 2010
Mastery of some set of foundational knowledge in the human resources domain, and the ability to fashion solutions, is critical if the business partner model is to fully deliver on its promise. But today’s undergraduate and graduate students in HR ...

Warren Buffett on Compensating Managers and Customers Tattooing Your Logo on Their Chest - The Industry Radar - May 2, 2010
I just returned from the 2010 Berkshire Hathaway Annual Conference. As I have stated before, I think this is the best business conference one can attend. Listening to (and applying) the wisdom of Warren Buffett and his partner Charlie Munger will help any manager and business owner improve their career/success. And with Berkshire B shares now trading at around $80 just about anyone can attend. If you can't go, ...

Cytiva / SonicRecruit Acquires Performance Management Software - The Industry Radar - May 2, 2010
According to The Yankee Group, an industry research firm, the worldwide market for talent management solutions -- which includes employee learning and performance, career and succession planning, recruitment and compensation management...

Wyld About Business: Tony Kornheiser Rants on Human Resources - The Industry Radar - May 2, 2010
Tony Kornheiser Rants on Human Resources . OK, HR departments sometimes take unwarranted flack. However, no one can rant about something they don't like quite like "Mr. Tony." For those who have never heard Tony Kornheiser on the radio, ...

Guest column: Succession planning good for future - Green Bay Press-Gazette - The Industry Radar - May 2, 2010
Talent management and organizational development efforts have taken a hit due to budget cuts. Current business owners have been focused on battling through the economic downturn with less time to spend on team development. There will be a higher ...

Small firms urged to think big on HR - The Province - The Industry Radar - May 2, 2010
Small firms urged to think big on HR The Province ... deciding to form his own company in October 2008, focused on delivering outsourced human resources to the "engine" of Canada's economy: small business. ...

Mower considers extensive employee background checks - The Industry Radar - May 1, 2010
a policy on how to proceed in the future with criminal background checks. Al Cordes, the county's human-resources director, said he is using similar policies from Olmsted and Carver counties in Minnesota to help the county draft its own version. Hiring

HUMAN RESOURCE: Tactical Human Resources Evolves into Strategic ... - The Industry Radar - May 1, 2010
Combining training, incentive management, and compensation managementtools delivered through a role-based dashboard, emerging people-centric software category aims to transform each individual in the workforce into an enterprise asset. ...

BUSINESS INTELLIGENCE: Workforce Analytics – A Blend of Business ... - The Industry Radar - May 1, 2010
By understanding the demand and supply in HR—as well as the gaps between the two—HR professionals can create and implement better internal procedures for talent management , retention, succession, etc. ...

Recruiting Animal: Reliable Info About Gen Y | Punk Rock Human ... - The Industry Radar - May 1, 2010
Punk Rock Human Resources . Anti-Establishment Career Advice. Home · HR Girl, Interrupted · Blogroll · See Me Speak! Other Publications · Punk Rock HR Employee Handbook. Recruiting Animal: Reliable Info About Gen Y. by Laurie on May 1, ...

Data Enable And Driven Testing: EIM/ECM 101: Cutting through the ... - The Industry Radar - May 1, 2010
Synygy - Synygy's Sales Compensation Managementsoftware consists of a set of integrated modules created by Synygy that do not require patching together with third-party applications. Each type of plan is defined by or associated with a ...

HR for entrepreneurs - Vancouver Sun - The Industry Radar - May 1, 2010
HR for entrepreneurs Vancouver Sun ... deciding to form his own company in October 2008, focused on delivering outsourced human resources to the "engine" of Canada's economy: small business. ... and more »

How to Improve Influence #management - The Industry Radar - April 30, 2010
I was talking with a client a few days ago about influence - and what gets in the way of people being able to influence the thinking and actions of others. Many hard working and well meaning people are not...

Good Hr Software Qualities « SoftwareShop.net - The Industry Radar - April 30, 2010
Also the human resources (HR) software you get should come with the committed support of field staff and a customer support desk by the provider of it. You should expect focussed, professional training for all your staff. ...

Why a Formal Performance Review Isn't Necessary - The Industry Radar - April 30, 2010
What should employees do when the company isn’t even performing regular performance reviews in the first place? Note that we’re in an industry which is largely sheltered by the recession, we’re growing and we’ve recently received some huge new clients.Go over and read why a performance appraisal isn't what you need.If you like it, recommend it!

should I extend my internship? - The Industry Radar - April 30, 2010
A reader writes:Iam currently doing an unpaid internship that I am receiving college credit for this semester. I really enjoy working with my manager and after reading your previous poston extending the length of an internship, I decided to ask my manager about it. She was fine with it when I asked; however, she is always so busy between meetings, dealing with employees and doing her own work that I am often left just sitting there in her office watching her or I am asked to leave when she has an important meeting with someone. It's an internship where I am given random stuff to do so I do not have an actual desk/computer or any routine work that I can do when I come in. I tried talking to her about it a bit, but she only admited that her work keeps her busy.What I like about it is that I can receive credit for a class and also, she really...

Compliance Plans -- Showing How You Are Not Breaking the Law - The Industry Radar - April 30, 2010
Seth Harris, the number two person in the Department of Labor, has announced the intention of the DOL to require employers to adopt compliance plans "aimed at ensuring they do not violate wage, job safety and equal employment laws," according to Steve Greenhouse's report in yesterday's New York Times, U.S. Outlines Plan to Curb Violations of Labor Law.This will be in the form of regulations, which the article notes will be more than a year long process. Additionally, many of the ideas are still being "worked out" but the one concrete example is an interesting one, the use of independent contractors. According to the article, Harris forsees the rules requiring an employer who uses independent contractors, to provide a written explanation of why they should be considered independent contractors rather than employees and give these workers a copy....

Two words in an employment reference check cost millions - The Industry Radar - April 30, 2010
Two words uttered by a rogue line manager during an employment reference check cost his company $2.4 million. Read on and learn what he said and how his HR department could have prevented this costly lawsuit.

We're hard-wired for pleasure, baby -- ain't that the economical truth. - The Industry Radar - April 30, 2010
Can you imagine having to wait 30, 60 or even 360 days to legally launch a business?And what if you could shorten that length of time with a bribe?What about paying a bribe just to get your Internet connection set up in a timely fashion, all on top of the standard fees?Same thing with your phone system. Your office space. Your office supplies. Your employee benefits package.We can't really imagine, because even though we...

And We Wonder Why HR Gets A Bad Rap? - The Industry Radar - April 30, 2010
I’ve spent time on this blog both defending and mocking human resources (mostly deservedly though I may have been at times too harsh or too lenient). If you’re looking for a defense of HR, today is not going to be your day.Something caught my eye on the front page of Reddit today. It is the story of [...]

Grossman on Pregnancy, Work, and Equality - The Industry Radar - April 30, 2010
Joanna L. Grossman (Hofstra) has just posted on SSRN her articke (forthcoming Georgetown L.J.) Pregnancy, Work, and the Promise of Equal Citizenship. Here's an excerpt from the abstract: Can women capture the benefits of equal citizenship in a legal system...

CEOs: Smart Strategies for Hiring Success - The Industry Radar - April 30, 2010
process to grade and prioritize candidates accordingly. Once a candidate is hired, the Charter can be used for onboarding and ongoing performance management. ADDING EMPIRICAL EVIDENCE TO THE HIRING DECISION How many times have you brought in a new hire

Implementation of Revisions to Federal Drug Testing Guidelines Moves to October 1. - ELINFONET.com - April 30, 2010
The U.S. Department of Health and Human Services (“DHHS”) has announced that it will delay implementation of the revisions to the Mandatory Guidelines for Federal Workplace Drug Testing Programs from May 1, 2010, to October 1, 2010. (See http://www.federalregister.gov/OFRUpload/OFRData/2010-10118_PI.pdf to view the April 29 announcement.) The specific revisions to the Mandatory Guidelines were summarized in our February 8, 2010 article, U.S. DOT Proposes Requiring Drug Testing for Ecstasy, Lowering Cutoff for Cocaine and Amphetamines.

Supreme Court Rules Against Inference of Class Arbitration in “Silent” Contracts. - ELINFONET.com - April 30, 2010
On April 27, with Justice Samuel Alito writing for the 5-3 majority (Justice Sonia Sotomayor abstained), the U.S. Supreme Court addressed class-action arbitration when the parties’ agreement was silent regarding the aggregation of multiple parties’ claims. According to the Court, the arbitration panel’s imposition of class arbitration – despite the parties’ stipulation that they had not reached an agreement on this issue – is “fundamentally at war” with the Federal Arbitration Act (FAA) principle that arbitration is a matter of consent. “[A]n implicit agreement to authorize class action arbitration,” the Court ruled, “is not a term that the arbitrator may infer solely from the fact of an agreement to arbitrate.”

Tax-Free Benefit Plan Applies to Dependent Health Coverage - HR.BLR - April 30, 2010
(4/30) Employers that offer cafeteria plans can allow employees to begin making pre-tax contributions immediately for health coverage for dependents who are under 27, even if the changes to the plan have not yet been made on paper, the IRS said.

Changes to Drug Testing Guidelines Delayed - HR.BLR - April 30, 2010
(4/30) The effective date of the revised guidelines concerning federal workplace drug testing programs has been pushed back from May 1, 2010 to October 1, 2010. The Department of Health and Human Services (HHS) is delaying the effective date to coincide with changes to the Department of Transportation's (DOT) procedures for workplace drug and alcohol testing programs, which are planned to be effective October 1.

how to use someone else's contact when applying for a job - The Industry Radar - April 29, 2010
A reader writes:My question is about using a contact that is a few degrees removed from me personally. She is an executive at an organization where I recently applied for a job with whom my godmother briefly worked several years ago.My godmother instructed me to remind the executive who she was and ask whatever questions I wanted to ask via e-mail. I am not sure how to ask "do I have a chance at this job?" and "if I don't, how can I in the future?" in a way that's not greedy or entitled. My ideas are to ask for an informational interview or attach my resume and cover letter and ask if she has any advice for someone interested in work at the organization in the future, but I want to do so in a way that's as polite and gracious as possible. I guess I could also give her an out by saying if she's not available, I'd love to learn more from one of her colleagues at the organization who might have more...

Older workers are individuals too | Chartered Management Institute - The Industry Radar - April 29, 2010
Such an approach allows for appropriate succession planning over a number of years, ongoing talent management and for renewed engagement of many older individuals who may find fresh motivation in mentoring and developing younger ...

Nice Article in WSJ on Banishing Office Jerks... - The Industry Radar - April 29, 2010
A few weeks back, just before my surgery, I was interviewed by Sue Shellenbarger of the the Wall Street Journal about an article she was doing on workplace jerks and their management. The article on Banishing the Office Jerks appeared...

Health Care Reform is Now Law: Will the Light Come on When Your Employees Open the Fridge? - ELINFONET.com - April 29, 2010
On March 30, 2010, the President signed the Health Care and Education Reconciliation Act of 2010 into law (the“Reconciliation Act”). The Patient Protection and Affordable Care Act, commonly referred to as the Senate bill, was signed a week earlier. The Reconciliation Act made changes to the Senate bill necessary to achieve passage in the House while avoiding a Senate filibuster, enabling the enactment ofcomprehensive health care reform. The combined acts are referred to in this E*Bulletin as the “Act”.

Today's HR Executives: How Career Paths Have Changed -- and Stayed the Same. - ELINFONET.com - April 29, 2010
Step into the office of the head of corporate human resources today and the odds are you will find a 53-year-old man with a bachelor's degree who has been with his current employer for 15 years. He has spent about half his work life in HR roles, most often in workforce development. And he would not be that much different from the man holding the job a generation earlier.

IRS Issues Guidance to Clarify Health Care Reform Coverage of Adult Children. - ELINFONET.com - April 29, 2010
The Internal Revenue Service has released guidance concerning how employers can deal with changes made by the recent health care reform laws in the coverage of adult children. Apparently, the IRS is trying to encourage group health plans and health insurance issuers to provide dependent coverage to adult children until age 27 immediately. This guidance is contained in Notice 2010-38, released April 27, 2010.

U.S. Supreme Court Nixes "Enhanced" Attorney's Fee Award. - ELINFONET.com - April 29, 2010
In a decision that may affect the popularity of employment class actions among plaintiffs’ attorneys, the U.S. Supreme Court has ruled that federal courts should not award enhanced attorney’s fees for “superior attorney performance” except in the most extraordinary circumstances. Perdue v. Kenny A. et al., No. 08-970 (U.S. Apr. 21, 2010). Rather, there is a strong presumption thatthe “lodestar” method of calculating a “reasonable attorney’s fee” (the number of hours the attorneys and their employees worked multiplied by the hourly rates prevailing in the community) yields a sufficient fee. Enhancements should not be awarded without specific evidence that the lodestar fee would not have been “adequate to attract competent counsel.” Because the federal district court failed to provide a proper justification for its fee enhancement, the Court reversed the judgment awarding $10.5 million in attorney’s fees that included a 75 percent fee enhancement.

Side Effects from Essential Medication May Be ADA Disability, Third Circuit Rules. - ELINFONET.com - April 29, 2010
In an action for disability discrimination, harassment, and retaliation under the Americans with Disabilities Act, a federal appeals court in Philadelphia has held on an issue of first impression for the panel that the adverse side effects of medication may constitute a disability only if the treatment is required “in the prudent judgment of the medical profession” and there is no available alternative that is equally effective but lacks similarly disabling side effects. Sulima v. Tobyhanna Army Depot et al., No. 08-4684 (3d Cir. Apr. 12, 2010). The Court affirmed summary judgment in favor of the employer, holding that there was insufficient evidence that the treatment that caused the alleged disabling impairment was medically necessary. The Third Circuit has jurisdiction over Delaware, New Jersey, Pennsylvania, and the U.S. Virgin Islands.

Supreme Court Rules Class Action Arbitrations Impermissible Absent Express Agreement. - ELINFONET.com - April 29, 2010
The U.S. Supreme Court recently handed down its long-awaited ruling in Stolt-Nielsen S. A. v. Animalfeeds International Corp., No. 08-1198 (Apr. 27, 2010). The issue before the Court was, can an arbitration agreement that is silent on the issue be construed to permit a case to proceed in arbitration as a class action?

Employers Allowing Larger 401(k) Contributions - HR.BLR - April 29, 2010
(4/29) Sixty-eight percent of employers report that their company allows employees to contribute 25% or more of their earnings into their 401(k) plan, according to a recent survey of 401(k) practices by BLR.

Despite Record Unemployment, Some See Turnaround - HR.BLR - April 29, 2010
(4/29) In the same month that Florida posted a record-setting 12.2 percent unemployment rate, the state nonetheless posted its largest job gain in 3 years, which some officials heralded as an early sign of economic recovery.

Employee Retention Strategy Can Save Companies Millions - The Industry Radar - April 28, 2010
telecommute days, for example? Orienting new hires is critical to your company's retention model. "Most think of onboarding as filling out paperwork. However, the tipping point is 90-to-180 days into the employee's job stay." Finnegan recommends a

Human Resources Turns to SaaS - CIO Insight - The Industry Radar - April 28, 2010
Human Resources Turns to SaaS CIO Insight HR departments view SaaS as a way to stay on top of recruitment and other company goals, according to a new survey from ... and more »

HR Technology Is Turning Decidedly Cloudy | RecruitingTrends.com - The Industry Radar - April 28, 2010
Additionally, results from this survey, conducted jointly by Plateau Systems, provider of enterprise-class SaaS solutions for talent management , and research and advisory firm Saugatuck Technology, reveal that executives view support ...

Health Care Reform Law: "Immediate" Concerns for Employers and Their Group Health Plans - Site Headlines - April 28, 2010
This update addresses key “immediate” concerns for employers and their group health plans as a result of changes mandated by the Health Care Reform Law (i.e., the Patient Protection and Affordable Care Act of 2010 and Health Care and Education Reconciliation Act of 2010).  These generally take effect as of the first day of the plan year beginning on or after September 23, 2010 (January 1, 2011 for calendar year plans).

SAP Tips Hand on Cloud Plans as Profits Soar - InformationWeek - The Industry Radar - April 28, 2010
SAP Tips Hand on Cloud Plans as Profits Soar InformationWeek SAP today announced strong preliminary financial results for the first quarter of 2010, highlighted by a 12% increase in top-line revenue ... Ex- SAP CEO talks about 'the next big thing' in IT BusinessWeek all 12 news articles »

Today's HR Executives: How Career Paths Have Changed -- and Stayed the Same - The Industry Radar - April 28, 2010
Step into the office of the head of corporate human resources today and the odds are you will find a 53-year-old man who has been with his current employer for 15 years, and has spent about half his work life in HR roles, most often in workforce development. He would not be that much different from the man holding the job a decade earlier. A new Wharton research study titled, "Who Gets the Top Job? Changes in the Attributes of HR Heads and Implications for the Future,"compares the top HR positions in the 100 largest U.S. companies in 1999 and in 2009, and finds some surprising results -- including a significant increase in the percentage of top HR officials who are women.

Freddie Mac CEO Charles Haldeman's Recipe for Effective Management - The Industry Radar - April 28, 2010
Many wondered why Charles "Ed" Haldeman, Jr., former chairman of Putnam Investment Management, LLC, would accept the daunting task of running Freddie Mac, a poster child for the mortgage meltdown. In a recent Wharton Leadership Lecture, Haldeman explained the conditions he faced when he joined the company in July 2009, and what drew him to accept the challenge in the first place. He argued that the principles which have served him well, both at Putnam and as Freddie Mac's new CEO, can be applied to managing any business.

Will Customers Be the Excess Baggage of Airline Consolidation? - The Industry Radar - April 28, 2010
After losing $60 billion in the last decade -- and billions more recently when a cloud of volcanic ash grounded flights across Europe -- airlines are looking to consolidate as a way to return to profitability amid continued struggles with high fuel prices, competition from low-cost carriers, and a limited customer pool that shriveled even more during the recession. But experts are skeptical about the "bigger is better" strategy. Many observers say the carriers have proved downright flighty at following through on making changes that improve operations and put the customer first.

Goldman Sachs and Abacus 2007-AC1: The SEC and Congress Look Beyond the Numbers - The Industry Radar - April 28, 2010
Goldman Sachs is the Wall Street mega-firm whose money-making prowess leaves many impressed, envious or suspicious. Now the firm's reputation is on the line, as it fights a fraud suit brought by the U.S. Securities and Exchange Commission over a single deal in 2007, the sale of a complex "synthetic collateralized debt obligation" called Abacus 2007-AC1. The deal lost investors $1 billion but produced $1 billion in profits for Goldman's collaborator, Paulson & Company, a hedge fund betting the housing bubble would collapse. Experts at Wharton and elsewhere analyze the financial, legal and ethical issues raised by a case that has riveted both Wall Street and Main Street.

Remembering fallen workers: Workers' Memorial Day - The Industry Radar - April 28, 2010
Today is Workers' Memorial Day, both a global and a national day to remember those who lost their lives on the job. April 28 has been an annual day of remembrance since 1989. It is the anniversary of the Occupational Safety and Health Administration and the day of a similar remembrance in Canada. Trade unionists around the world now mark...

Career Advice for the New(er) ERISA Lawyer - The Industry Radar - April 28, 2010
Each year when Henry Eickelberg of General Dynamics and I finish our course on Employee Benefits in Corporate Transactions at Georgetown, we take our students to my pub, the Irish Channel in DC, and the talk inevitably turns to jobs...

WHO NEEDS COACHING? « Executive Coaching Solutions's Blog - The Industry Radar - April 28, 2010
And this applies to all managers, not just those picked out for a talent-management programme. This development can't happen easily without an employers' support, but it can be greatly facilitated through several different options. ...

99 Tribes a Cool Way to Find Interesting Tweeples - The Industry Radar - April 28, 2010
My pal, Deepika, told me about 99 Tribes, a new site that allows you to find people on Twitter based on interest. I just signed on and looked around - found 90 folks interested in management. Very cool! This is...

Nice Article in WSJ on Banishing Office Jerks, But They Seem Afraid to Say "Asshole" - The Industry Radar - April 28, 2010
A few weeks back, just before my surgery, I was interviewed by Sue Shellenbarger of the the Wall Street Journal about an article she was doing on workplace jerks and their management. The article on Banishing the Office Jerks appeared...

Four employee coaching tips that get extraordinary results from ordinary performers - The Industry Radar - April 28, 2010
Getting extraordinary results from average performers is tough. You'd like to have only excellent employees on the team, but often that's not realistic. Read on and learn about four employee coaching tips that can give your average performers a performance boost.

Savvis Live on Workday Human Resources - The Industry Radar - April 28, 2010
PLEASANTON, CA--(Marketwire - 04/28/10) - Workday, Inc., the leader in enterprise-class SaaS-based Human Resources (HR), Financial and Payroll solutions, today announced that Savvis, Inc. (NASDAQ: SVVS - News ), a global leader in cloud infrastructure and hosted IT solutions for enterprises, is live on Workday Human Capital Management (HCM). More than 2,200 Savvis employees and managers are ...

Strategic HR: Outsource Yourself? « Cornell HR Review - The Industry Radar - April 28, 2010
Human Resources has undergone a major transformation over the past three decades.[1] Instead of solely pursuing a functional approach of delivering services, HR professionals now seek to develop and support the critical firm ...

The HR Store: Entrepreneurial instincts - The Industry Radar - April 28, 2010
To start with, it can improve the talent management system in the organization that gives flexibility to entrepreneurs to choose their career paths. Map the entrepreneurial traits identified and create performance management systems ...

Incentives Aren’t Just For Sales - The Industry Radar - April 28, 2010
Often we get asked to come in and review a client’s sales incentive program. Sometimes it is for their sales organization, other times it is a program targeted at their distribution channel or agent network. The only difference in the client's mind is that for one group the incentive is a W-2 event – in the other it’s a 1099. The basic goal is the same – target people who sell. After listening for a...

Why Does Your Boss Become a Jerk When You Resign? - The Industry Radar - April 28, 2010
Why is it that you can have a perfectly nice boss who goes loopy when you resign? Find out what your boss is thinkingover at BNET.

How Effective Is Retraining After a Layoff? - The Industry Radar - April 28, 2010
While retraining may improve unemployed workers' long-term prospects, many are struggling to find work in the short term.

Graduates beg employers to scrap 2:1 requirement - The Industry Radar - April 28, 2010
A survey by recruiters Milkround.com has found that 58% of graduates think employers should scrap their minimum 2:1 degree requirements. Eva Malecki, Centrica's graduate recruitment manager, agrees with this, saying: "We do not have a 2:1 cut-off as we believe...

Mandatory Retirement of Partners (pdf). - ELINFONET.com - April 28, 2010
There is no question but that “[w]ith so many baby boomers reaching traditional retirement age, retirement policies are probably one of the biggest issues facing law firms today.”1 The