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Navigating the Compliance Maze

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9

Apr

Training in the Time of Trial

Posted by admin  Published in Uncategorized

Yes, I know, times are tough. Every day we get something new to worry about.  Here we sit with the budget down and expectations up.  Now we have fewer employees doing the same or more work.  So what is a poor manager to do?

I would guess that the first word out of your mouth was not training.  Probably not even the second.  However, I submit that this is just the right time to concentrate on training.   In fact training is more needed now than ever before.

If you have had a RIF some of your collective expertise is no longer with you.  Even if you have avoided layoffs thus far you better be running on all cylinders.   Let’s face it: Cross training is no longer a luxury. In leaner organizations everyone must be prepared to cover more than his or her own bailiwick. This is not likely to change any time soon.

No doubt the budget is still what it is and the training portion was probably one of the first things to go or be severely curtailed.   I suggest it is time to rethink that decision!   If we expect greater results from fewer bodies then we had best be prepared to give them the skills they need to accomplish this.

Do you know any companies that don’t tout the employee as their best asset?  Well, friends, talk is cheap and many employees haven’t seen much evidence to that effect lately.  Salaries tend to be more or less flat these days.

On the other hand, training is the gift that keeps on giving. The better trained your employees, the better they perform.  Managers appreciate serious efforts to help them better manage.  Couple this with making it clear that this training is proactive and folks will get the message.

Let’s be blunt:  too much of our training has been perceived—and frankly intended—as remedial education.   Let’s be blunt again: If training is remedial we hired the wrong folks in the first place.  The mistake is ours, not theirs.  We need to put our training dollars to work maximizing our human capital.  Well-spent training dollars will reap maximum benefits. No kidding—just fact.

So, to be succinct:  Now, especially, is the time to train!   If we expect to do more than survive in the current economy we cannot afford not to train.

Until next time,

Jack

PS Don’t forget to register for the RSS feed.

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4

Mar

Layoffs - Keep the Door Open

Posted by Patricia  Published in Uncategorized

Layoffs are bad news for everyone: Bad for managers, employees and customers. If you have not experienced one first-hand, you are very fortunate.   If you have, you know how miserable it is.   I have been on all sides of the decision and I survived.

This article is based on lessons learned.  It is intended to offer hope; hope based on planning for the future.   If you have to lay off some people, get it over with.  Once done - move forward.

Moving forward obviously includes your plans to retain current clients and re-grow your business. It should also include plans  to get  good employees back . How many will you need in the long run?  What talents are most important and who has them?

There are many advantages to taking back good employees when you can.  This true in good times and bad.

1. You know them.

You know who is a steady performer, who is creative, and who you can count on.  You won’t have to wait to find out how someone else will work out.  You likely know how your  former employees are likely to respond to the opportunity to return.

2.  You establish your company as one that values their people.

Layoffs can blemish your company’s image.  Even thought the economy-at-large is not your doing, public reaction may still be negative.  Taking back good employees will help heal that blemish.  Public perception will be positive and this can be very good for your company.  It can increase sales and retain customers.

3. Customers know these people and have relationships with them.

Business is conducted person-to-person, not company-to-company.  Seeing a familiar face and hearing a familiar voice is reassuring to your customers.  They see that as a way of saying the company is coming back.   It says your company is a dependable group of people with whom they can do business.

4.  You don’t have to retrain.

They know the company and how you operate.  They know your product or services and they know how to make it work for the customers.  The cost to recruit, orient and train new employees can be very high.   Beyond dollars, it takes valuable time and when you are rebuilding you don’t want to waste time.

5. You recapture your investment

You invested in these people once before.  You paid all the start up costs and paid to maintain skills, knowledge and consistent performance.  It would be a shame to throw that away entirely.  Bring them back is a way to recapture your investment.

Remember to keep the door open so they can walk back in.

Until next time.

Patricia

PS. Don’t forget to subscribe to the RSS feed in the coffee cup above.

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20

Dec

Change - Look for the Commonalities

Posted by Patricia  Published in Uncategorized

Changes in federal, state or county law may require you to modify, transform, or  adjust  your policies and practices. During 32 years in Human Resources I have directed changes that resulted from the ADA, ADEA, FMLA, DFA, PDA  IRCA, WARN Act, EPA, COBRA, EPPA, ERISA, SOX,USERRA, FCRA and FLSA—and that’s only the federal alphabet soup.

The challenge is to ensure that you become  compliant with new regulations while remaining compliant with the old. Remember, making a change to accommodate a new requirement may very well create questions or problems somewhere else in the system. And boy is there is a lot to consider:  the amount of work the change may add to current processes, how much training may be needed,  how to communicate the changes to managers and employees,  and whether the current data record system can manage all the details.

Today let’s consider the FMLA,  which has been revised to accommodate military personnel (and their families) when deployed, or when a member of the military is injured and needs continuing care. (Now I’m not questioning the need – just pointing out the facts:  two more reasons to take a leave and boatload of new details to keep straight!)  The changes become effective January 16, 2009, covering Employee Notice, the Medical Certification Process (Includes HIPPA), and the Employer Notice Requirement.  How will these revisions affect staffing, benefits costs, paper processes and employee relations at your company?  How will others react when someone takes 26 weeks off under FMLA and you can’t hire anyone to fill the job?

Great Human Resources (GHR) focuses on achieving minimal interference and maximum efficiency when changes are mandated. Often the best response to a complex issue—just like in my previous post– is keeping it simple.  In this case “simple” means be extremely wary of variations that allow too much flexibility. We must never forget that we live and work in a litigious society!

Perhaps it wouldn’t hurt to chant a mantra to that effect first thing every morning:

“Litigation isn’t fun, even when the case is won!

Treating everyone alike keeps the lawsuits down the pike!”

Continuity of lawful practices across the organization can be the one thing that keeps you from being sorry later. No doubt, you have some managers who don’t get it.   How many think that their people are “different” and what they do/provide is substantially “different” than other areas of the company?  Of course that little construct is designed to allow them to manage“differently.”  Cheesh!  “Different” your nightmare – a labor lawyer’s daydream!

Successfully changing policies begins with recognizing the commonalities that run throughout your organization. Always start there and create a plan to cover them.  Only then should you look for what may be truly different.  As long as you first have a solid plan built on what everyone has in common you can safely design processes for special circumstances.  These processes must be documented if they are to help you when your decisions are questioned or even worse, challenged in court.  Keep in mind, “Litigation isn’t fun….”

Until Next time,

Patricia

PS.  Don’t forget to click on the rss icon in the coffee cup to subscribe to this blog.

Tags: change, General

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15

Dec

Respect - Keep It Simple

Posted by Patricia  Published in Uncategorized

When dealing with employees, RESPECT is right at the top of the list of “do’s.” Although much is written about encouraging, giving feedback to,  and formally communicating with employees,  I suggest that you keep it simple.  To  show respect a person need only recognize that others are due the same simple considerations they receive from friends and family—and then act accordingly.

Try these three simple steps to establish rapport based on respect:

1. Use your employee’s and co-worker’s names –as they prefer them.

We Americans have an annoying habit of using nicknames and ignoring formal or full names. Sometimes nicknames are abbreviations and other times they connote a judgment or opinion. In either case they may not be appropriate.

Example: Theodore James likes his name.  He was named after his favorite uncle, who went by “Theodore.”   When he interviewed for the job at XYZ, Inc.,  he immediately was called “Ted.”  Then, when he came to work everyone called him “Ted.”   No one asked him his preference;  it was easier to assume “Ted” was okay.  Nonetheless, shouldn’t Theodore be called by his full name if he wishes?  And why do some people take offense if they are expected to do so?

A name is extremely personal, and not using the preferred form implies very strongly that you simply don’t care. A name is a terrible thing to lose.  For instance, I have always liked to be called “Patricia,” not “Pat,” and certainly not “Patty.”  Want to be on my good side?   Want me to think you actually care about me?  Ask me how I prefer to be addressed, and then remember to use that preference.  I promise you: many people have strong preferences about their name and respond quite positively to those who respect that preference.

Simple solution: Develop the simple habit of using the “right” name. This will really gain “points” with your employees.

2. Keep your promises.

Quick promises often seem like an easy way to appease employees or co-workers. However, failed promises don’t appease anyone—they lead to disappointment and a lack of trust. “I promise I’ll look into it.”  (Then you get sidetracked and you forget to look into it.)

“I promise I’ll read this tonight and give you feedback tomorrow.” (You get home that night and life intervenes, so you don’t review it.)

“I’m hiring you now as a staff level employee, but we’re restructuring and there will be a supervisor position down the road.”  (Can you really predict the company future, the economy or even that person’s future performance?  You do realize that herein lays an implied promise,  right?  Might I borrow your Chrystal ball?)

Simple Solution: Keep your promises few and far between. Promise only that which you really can produce.  If you set an expectation,  always fulfill it or be prepared to offer big-time apologies.  Avoid time frames you may not be able to meet.  And last, but not least,  never,  never,  never,  promise actions just because they appear likely to occur in the future!

3.  Respond quickly to employee complaints.

When someone is angry or upset they want—and deserve— immediate attention. Putting them off indefinitely or making excuses allows time for the problem to grow and sends a message that the concern is of little consequence to you.

Simple Solution:  Immediately set a time, preferably within 24 hours, when you will give the issue your full attention. This initial meeting can be in person or over the phone.  It may mean having the person put their concerns in writing to organize their thoughts.  If you are absolutely not available right away,  then you might delegate someone else in authority to meet with the employee.   These actions let the employee know you do care about him/her and respect their feelings.

Prompt response insures that you will get the information while it is fresh.  If it involves other people their memories will be better, too. You will also be seen as someone who makes time for people, and not just tasks and deadlines.  Another important benefit of timely response is giving the employee an opportunity to vent.  Venting releases tension, makes it easier to get to the facts, and often wards off an even bigger explosion in future.

So: Respect is simple. Please note, however, that I did not say “easy.” Making these three behaviors a normal part of how you treat people will go a long way and will become easier with practice.  Moreover, it actually takes less time than not doing it.  You don’t have to deal with collateral damage.

Finally, now that we have looked rather carefully at respect let’s take it one step further. I  pledge that I will always try to respect your opinions.   In return, I ask that you respect others when you reply.   We can spend informative and enjoyable time together by remembering that we agree or disagree with ideas and not people.  Disagreeing need not make us disagreeable.

Until next time,

Patricia

PS. Don’t forget to click on the rss link in the coffeecup. That way you can stay up to date with the latest entries.

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