A newspaper misclassified its newspaper carriers as independent contractors, the Superior Court for the County of Sacramento ruled following a trial in a class action for employees’ unpaid mileage expenses under Section 2802 of the California Labor Code.
I spent the last week at the SHRM Volunteer Leader Summit in Washington, DC. It is one of my favorite events because the attendees are some of the most active and engaged members that SHRM has. It’s also very cool in that people come from all fifty states and also US territories.
Starbucks’ decision to forbid employees from wearing engagement rings or other rings with stones—while relaxing its policy on tattoos—was not only a blow to worker morale, but may cost the company business, based on the backlash inspired by the coffee giant’s declaration.
For more than 45 years, the SHRM Foundation has supported the HR professional and workplace through scholarships, furthering HR research, and producing complimentary resources.
This Tuesday, December 2, is #GivingTuesday: a global day dedicated to giving and celebrating generosity. Consider skipping your morning cup of coffee, and instead, make an impact on the future of your profession by donating to the SHRM Foundation.
Giving all employees a crisp $100 bill for meeting a production goal without bargaining with a union arguably could be an unfair labor practice.
Employers must undergo balancing act during implementation period
Nearly five million undocumented immigrants residing in the United States would be eligible for work authorization under an executive action announced by President Barack Obama.
Over 850 HR leaders attended SHRM’s 2014 Volunteer Leaders’ Summit at the Marriott Marquis in Washington, D.C., this week. The annual summit brings together and celebrates the work that the organization’s volunteers do for SHRM and the HR profession throughout the year. Below some members share their experiences of being a SHRM volunteer leader and member.
The Pinnacle Award Program is designed to recognize outstanding achievements in chapter/state council development and contributions to the advancement of effective human resource management. All SHRM professional chapters and state councils are eligible to compete in this program. Winners will each receive a $1,000 grant presented at a chapter/state council meeting with special recognition in SHRM publications and during the Leadership Conference.
Congratulations to the 2014 Pinnacle winners!
State Councils
In the spring of 2012, the California Supreme Court issued its highly anticipated ruling in Brinker Restaurant Corporation v. Superior Court. The decision clarified businesses’ legal obligations regarding meal and rest breaks, an area that had generated many lawsuits.
Now, many companies are still grappling with these legal issues. They include some big-name employers, like Apple and SpaceX, which are facing claims that they failed to provide workers with mandated breaks. In July, a California court approved class certification in the Apple case.
More than 850 HR leaders from across the United States gathered Nov. 20 - 22, 2014, at the Marriott Marquis in Washington, D.C. for the 2014 SHRM Volunteer Leaders Summit.
Check out these highlights from the conference:
The Occupational Safety and Health Administration (OSHA) is urging retail employers to implement safety measures to prevent workplace injuries during major sales events, including Black Friday.
The busiest shopping day of the year falls on Nov. 28 in 2014, and has been the scene of increasingly dangerous situations in the recent past, as consumers push and shove through crowded spaces to take advantage of holiday sales.
Replace Candy Crush high score with email contacts on a personal iPhone used for work (BYOD), and you have the issue that a federal court in Texas recently tackled.
This case presents a set of facts not unlike those which could easily arise in your workplace.
On November 19, SHRM @weknownext chatted with @RobinSchooling about "Your Culture Stinks...But You Still Have to Hire!"
In case you missed it, here are all the informative tweets from the chat:
NEW YORK—Putting “visibly passionate people” in charge of corporate social responsibility (CSR) initiatives and embedding responsible leadership throughout the organization ensures those CSR efforts will work, according to speakers at the Commit!Forum conference.
I recently spoke with a colleague in Canada who will be moving to the U.S. next year. We were talking about the differences between federal and state laws. So I thought I would share with you some resources on where to go if you’re planning for a human resources assignment in another country.
In my career, I’ve worked with several professionals who’ve had global assignments. And, I’ve had some international responsibilities myself, although I’ve never lived outside the U.S. There are two main considerations when you think about international roles and responsibilities:
While everyone is talking about employee engagement and company culture, I would like to address the all-important use of sports references in the workplace. It’s what I know and what I love to do. Whether we like it or not, there are many parallels between the work place and sports. Both have teams, coaches, managers, strategy, rules, and role players, just to name a few. So if we want to get rid of the references, we got a lot of work to do.
When an employer may require retirees to contribute toward bargained-for retiree health benefits may boil down to the rules of general contract interpretation, according to a Nov. 10, 2014, oral argument before the U.S. Supreme Court.
“Most of the justices were leaning toward rules of general contract interpretation,” Amy Covert, an attorney with Proskauer in New York City, told SHRM Online. The justices didn’t want to put a “thumb on the scale in favor of employers or employees” with default contract presumptions.
Yard-Man
In a new online posting, the Department of Labor (DOL) reiterated that employers may not use a health reimbursement arrangement (HRA) or other means to reimburse employees for purchasing nongroup health insurance coverage, including policies available on an Affordable Care Act (ACA) public exchange.
Among the points addressed by the DOL in a set of Frequently Asked Questions posted on Nov. 6, 2014, were the following:
For decades, organizations have struggled to find clear solutions to better engage and retain their best employees. At some point does it make sense to say, “Why don’t we just ask them?”
The Fair Employment and Housing Act (FEHA) is the California law that addresses the rights of individuals with regard to religion and the obligations of employers. The FEHA provides protection from discrimination in employment because of a person’s religious beliefs or creed.
Overview: Following overwhelming bipartisan support in the Senate and House, the Workforce Innovation and Opportunity Act (WIOA) was signed into law by President Obama on July 22, 2014. The Society for Human Resource Management (SHRM) supported this legislation to reform the federal job training system and sent a joint support letter to Congress with its affiliate, the Council for Global Immigration.
Pregnancy discrimination is focus for new EEOC chairwoman
After a high-level executive with a 2-year-old son told her manager she was trying to get pregnant, the manager said a pregnancy could interfere with her job responsibilities, and two weeks later demoted her to a position that paid less and had no supervisory duties.
The U.S. Equal Employment Opportunity Commission (EEOC) went after the employer, concluding that the demotion’s timing and the manager's actions amounted to unlawful discrimination.
Talent acquisition for the enterprise is a challenging proposition in this era of talent shortage. Despite the lingering effects of the Great Recession and the fact that for many it seems like we are still in a recession. According to Rahaf Harfoush, co-author of the New York Times best-seller The Decoded, 1 out of 3 employers today say they are unable to fill key roles.
The Talent Warehouse – A Proactive Tool for Recruitment and Succession Planning
On November 12, SHRM @weknownext chatted with Gregory Eck and Paul Lantis about "HR's Hope and Holiday Headaches."
In case you missed it, here are all the fun and informative tweets from the chat:
Competing priorities, lack of influence remain areas of concern
Budgets for human resource departments have increased over the past couple of years, but they are still well short of the levels seen prior to the recession, according to the latest Bloomberg BNA report about the state of the human resource function.
When I look at the vast field of HR, I have to say that I am swayed to the power of Culture more than other facets. I truly believe that people decide to either stay at a company or leave it because of its culture.
Join the SHRM YPAC for the monthly #SHRMYP Twitterchat at 12 p.m. CSTon November 20, 2014.
The topic this month is “How to Ace Your Interview.” We are anticipating a great dialog based on the questions listed below. We look forward to chatting with you!
Q1. What’s the craziest question you’ve been asked?
Q2. Does the first 30 seconds of an interaction really matter? How important is the “firm handshake”?
Q3. The first question a candidate is often asked is “tell me about yourself.” How long should the answer be?
Today, November 11, is Veteran’s Day. But that was not its original name.
In 1919, at the end of World War I, known at the time as the “Great War,” President Wilson proclaimed November 11, 1919 as the first commemoration of Armistice Day, the day hostilities effectively ended World War I a year earlier.
On May 13, 1938, Congress made November 11 a national holiday called Armistice Day to honor the Vets of World War I. That was when Congress did something.
Most veterans of the U.S. armed forces agree that translating the skills they acquired in the military into skills and experiences private-sector employers understand and desire is one of the toughest challenges they face when entering the civilian job market. And employers say the same thing: They know that veterans have the skills and discipline to get the job done, but they just don’t have a clear notion of how certain military skills apply to private-sector workplaces.
December is a time to breathe a sigh of relief as we finish a year of accomplishments. The beautiful lights, music, decorations and parties create a fun and festive atmosphere as workplaces around the world celebrate multiple holidays. To quote a familiar holiday song, “It’s the most wonderful time of the year” -- unless you’re in HR.
Disconnect extends to salaries, benefits, leadership and HR departments, study shows
Are HR professionals in tune with their company’s employees? Or are they so out of touch that they’re telling the C-suite that workers are far more engaged and satisfied than they really are?
In many respects, it appears to be the latter, according to the ADP Research Institute.
We are making great progress on the development of the HR profession’s new competency-based certification, and we are excited for the January 5, 2015 launch. We have some new information to share with you. Today we are announcing the members of theSHRM Certification Commission, an advisory group for SHRM’s certification.
Dr. Alex Alonso, PHD, SPHR, and Vice President of Research for SHRM discusses how the competency-based credentialing is the standard for a wide range of professions and the right direction for the HR Profession.
San Diego’s hotly contested minimum wage ordinance has been put on ice until at least 2016. The City Council approved the ordinance in July and then later overrode the mayor’s veto. A petition drive by San Diego business leaders has now succeeded in forcing the issue to the ballot.
The bias against job candidates who are unemployed—especially those unemployed for six months or longer, regardless of the reason—is “swept under the rug” in HR, where the bias is most prevalent. But employers miss out on talent and a diverse pool of candidates when they turn their backs on this pool of job seekers, said Lindsey Gardner, HR manager for Florida-based TZ Insurance Solutions.
How can HR become more strategic? Is there an opportunity for HR to have a much bigger impact on business performance?
A 2012 PwC study found that organizations are looking for leadership from HR. In the survey, 62 percent of business executives felt that human resources departments need to serve a leadership role in managing skill and talent shortages.
Social media use continues to increase exponentially. This increase has been accompanied by the increased interest in regulation of social media influenced employment decisions by the National Labor Relations Board (“NLRB”) and the Equal Employment Opportunity Commission (“EEOC”). Social media posts frequently reach thousands of people. Employers are concerned, and rightfully so.
On November 5, SHRM @weknownext chatted with SHRM's Kim Lambert (@KimLambertSHRM) about "HR, You're Now In Sales."
In case you missed it, here are all the great tweets from the chat:
More HR leaders shift focus to developing staff who can interpret big data
One of the biggest challenges human resource executives face is increasing the analytics capabilities of their staff. With the abundance of workforce-related information made available through big data, HR leaders have a prime opportunity to use that data in ways that help business leaders make more informed, cost-effective talent decisions.
We all know the rule – do what you’ve always done and get what you’ve always gotten. That applies to most everything; performance management is no exception.
Demographers call it the “silver tsunami”: a rising tide of older workers that threatens to overwhelm institutions and systems from retirement to health care to employment. Others simply call it “the aging workforce,” which sounds less alarming. But by any name, the challenge facing U.S. businesses, government and society as the workforce ages and the Baby Boomer generation retires is real. And after many years of anticipation, it has arrived.
In addition to choosing candidates for federal, state and local offices on Nov. 4, voters in many states will be tasked with addressing several important public-policy questions.
In Massachusetts, voters will be asked to decide whether employers should be required to provide paid sick leave to employees. Minimum-wage measures have been certified to appear on the ballots in five states. 
HR professionals are finding more and more that they are in the sales business these days, as their focus has shifted from sourcing to selling.
Back in the decades before information technology marginalized hard-copy HR documents, paperwork containing employee signatures and staff sign-offs continually expanded—think of job applications, offer letters, tax/social security and immigration forms, employment agreements, benefit-plan enrollments, time cards, safety logs, performance reviews, expense reimbursement forms, acknowledgements of handbooks and codes of conducts and many more.
