The Employers' Association
 
 An E-newsletter for TEA Members
Business peopleEXECUTIVE UPDATE
TopJanuary 8, 2015 Volume 35, Issue 1
In This Issue
Start the New Year with Five Simple and Effective Human Resource Goals
Union Activity Likely to be on the Increase in 2015
Independent Contractors and the Affordable Care Act
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January

  

14 - Core Leadership Skills 
       begins

16 - CPR Certification & 

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20 - Effective

       Communication Skills

21 - MIOSHA Effective

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22 - Situational Leadership 

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       Minute Manager

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28 - Feedback Fundamentals

30 - Holland Introduction

       to Supervision

30 - Legal Briefing


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Legal Briefing


Legal

Preventing Legal Claims: Becoming a Better Employer in 2015

 

Presented by attorneys from:

 

Barnes & Thornburg

 

Date:  Friday, 1/30/15

Time:

7:45 am - Continental Breakfast

8:00 am - Presentation

8:45 am - Q & A

9:30 am - Adjourn  
Cost:  Complimentary Member Benefit

Location:  The Employers' Association

 

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PHR/SPHR Web-based Certification Study Course


 
From the comfort of your own home or office, you can participate in one of the most comprehensive PHR/SPHR certification preparatory programs in the country. TEA is proud to sponsor this program through our "sister" association in Raleigh, North Carolina (Capital Associated Industries - CAI)


 
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 beginning 2/13/15 or

Tuesdays, 6-9 pm (EST) 

beginning 2/17/15

 

Price:  $1199


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HRG January Meeting


Outplacement
Recruitment / Selection / Interviewing - Creative Tips for HR Professionals
 
Presenter: Chuck Smeester, WilliamsCharles Search Group
 

January 15, 2015


Location:

Watermark Country Club
7:30 a.m. - 9:30 a.m.

 

More details.

Member Updates

 

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Providing practical solutions to Human Resource-related issues BEFORE they escalate into legal problems.
President Dave SmithFrom the President - 

We Cannot Sail Ahead Until We Capture the Wind 

 

We often receive an unexpected boost from motivational quotes - particularly when we think of the "conclusions" of a passing year and the "fresh starts" of the next.  Many originate within the world of sports BUT life is more than playing games - it is about dreaming what might be our reality if only that which is could become what we hope and wish it to be.  It is about reaching beyond our wildest expectations to grasp a slice of reality from a pie not yet created.  It is about setting goals beyond what is achievable so that we force ourselves outside of the box in which we are comfortable and move towards things yet to be considered.  We all stumble and fall while travelling through life - the difference between success and failure being whether we stay down or we get back up.

 

People react to challenges differently.  Some seek comfort from every storm - preferring to remain within the safe harbors of life, never venturing outside the protected coastal waters as they accept the remnants and wreckage that wash up to shore.  They allow others to seek new adventures - to conquer unknown territories and discover treasures far beyond their ability to imagine.  They are gulls finding sustenance in things discovered and discarded by others.  To them, a gentle breeze may become a raging storm - the tranquility of their calm disrupted by even the smallest pebble tossed into the sea.

 

Others seek adventure - preferring to march into the storms of life head on face forward.  They hear the howling in the wind and seek to identify its source - wish to find where it came from before watching it go away.  They recognize that the wind cannot be contained nor captured but often dream of riding upon it - of soaring above the earth that holds them as they seek new horizons not yet discovered.  They prefer to identify opportunities as they move boldly forward in life rather than seeking comfort in what they have accomplished.  Where some could not fathom being a hawk hurtling down towards an unknowing prey, these individualists could not tolerate being a scavenger relying upon the efforts of another for sustenance.  Their need for autonomy - for independence - is far too great to accept the path forged by others.

 

As we move through life - leaving one season behind as we anticipate all that the next might bring - we might do well to fill our emotional pantries with thoughts of grandeur - with hopes and promises - rather than doing as we have always done while expecting different things to happen to us.  Whenever you begin to feel that "where you are" is better (rather than just safer or more secure) than "where you could be" if only you left the past behind while reaching for those things not yet realized, consider the following: 

  • As you begin (or refresh) your journey through life, take time for the little things to become big.  Do not move so fast that you fail to enjoy the journey as you seek a destination.  Find time to help others along the way - for when the going gets tough others may be the only lifeline available to keep us going. 
  • Live life to its fullest - focusing as much on the joy in the journey as you do the gold at the end of the rainbow.  More than anything, find peace and joy in all that you say and do - seeking comfort from your discoveries rather than being satisfied to discover comfort within the status quo.

It may help as you start the New Year to identify a motivating thought or inspirational phrase that keeps you from looking back as you travel forward.  In order to experience gain within our lives, we must realize change - and must keep our eyes on the prize as we move relentlessly towards it if we expect to grow.  Some thoughts I find helpful include:

  • Dreams take time, patience, sustained effort, and a willingness to fail if they are ever to become anything more than dreams - Brian Linkoski
  • We are here to add what we can to life, not to get what we can from it - William Osler
  • The greater danger for most is not that our aim is too high and we miss, but that it is too low and we reach it - Michelangelo
  • We know what we are, but know not what we may be - William Shakespeare
  • When the winds of change blow, some people build walls while others build windmills - Chinese proverb
  • If all you seek to become can be defined by that which you have accomplished - with no expectations or anticipations of anything else in life - accept comfort in who you are but allow those who know you mourn the death of what you may have become - Dave Smith

There is no limit to what we can accomplish when we seek results and conclusions rather than recognition and credit.  We can find ongoing satisfaction when we claim success during the journey - acknowledging each step taken as we run the race rather than waiting until our quest has ended to find satisfaction in the efforts we exhibited.  We accomplish many things not yet imagined and bring to fruition countless things not previously realized when we allow our dreams to materialize.  We gain much from life when each step is celebrated as an accomplishment rather than looking only to the goal at the end of our journey.

 

While there is no "one size fits all" motivational solution, we cannot allow our eyes to drift from the prize if we seek to move from "good" to "great" in our lives.  Though it may not "take a village" to raise our self-awareness, it DOES take commitment, determination and intentional action to move beyond the storms that often darken our lives to the pot of gold at the end of a rainbow. Accept nothing but your best during the coming year - moving forward after each accomplishment rather than finding comfort and stopping along the way - and 2015 will become a year of never ending beginnings that lead to the better life you wish for (and deserve).

 

Visit our BLOG (Dave's Deliberations) to view recent posts.

Welcome New Members

WelcomeThe new members listed below represent employers within the West Michigan area who have joined the ranks of those committed to strong, positive employee/employer relations. It is a pleasure to welcome these new members into our family.


*Code Blue

*Medical Management Specialists

*OMT-Veyhl USA Corporation

*The Rapid

Survey Reports Now Available!

     


2015 National Wage & Salary Survey Report

This survey report contains compiled data (aged to Jan. 2015) from 20 states and 38 major metropolitan/regional areas with data for 151 benchmark positions.



 

2014/15 TEA Wage & Salary Survey Report

This is the most comprehensive wage & salary survey report available in West Michigan!  It represents compensation data from 191 West Michigan participating companies reporting data on 313 jobs.  Executive Level positions available  (includes additional 36 positions).


 Participating members received for FREE.

Contact Marla at 616.698.1167 for any survey questions.

Free Excel 2013 Webinar


silver-keyboard2.jpg

Getting Started with Microsoft Excel (Beginner)
Provided by TEA Partner, New Horizons Computer Learning Centers
 
This webinar is designed for the newer users of Microsoft Excel 2013 by introducing the audience to some key concepts of Microsoft Excel to enhance your spreadsheets. Attendees will receive an overview of general navigation, data tools, storage, and formatting in order to create a spreadsheet that looks good and simplifies communication.

Date: Wednesday, January 14
Time: 1:00 - 2:15 p.m.

Start the New Year with Five Simple and Effective Human Resource Goals

by Ron Scott, SPHR, Director of Training & Member Engagement 


Each January we look at the work ahead of us and become disillusioned because it is more the same work we left at the end of 2014.  We usually do not allow ourselves the luxury of self-reflection and assessment of priorities for the next year as we rush to finish what was not done so that we can continue doing what we have been told is necessary.  Unfortunately, the reason we are good HR practioners is that we are exceptional "doers of tasks" but not necessarily forward strategic planners.


We encourage you make this your year of transition and transformation from being a "compliance cop" to a critical thinker who prioritizes and acts to bring to fruition strategic goals and aspirations.  To help you shift your paradigm in 2015, consider the following simple and effective steps that should help you focus establish your priorities, invest your time and determine the ways you wish to communicate with your team.  Ultimately, your goal is to help accomplish the organizational mission by acting in a way that illustrates a model of focus and compassion at the same time. Our goal in Human Resources is to promote organizational excellence by demonstrating it through all we do and say.


Goal #1: Be Accountable for Compliance Excellence

Ensure that all company policies and procedures are aligned with state and federal laws.  Make sure that the organization has a robust safety program, an understandable handbook, fair and consistent compensation practices and an employee assistance program to establish an environment of mutual respect.


Goal #2: Strive to be an Attractive Employer of Choice

Learn to excel at identifying staff, screening, interviewing if you wish to achieve hiring excellence.  Train your staff to be good interviewers and assessors of qualified candidates.Promote the work environment, opportunities for advancement and learning throughout the organization.  Make your organization a place that candidates will want to work for and tell others about - and one that becomes an employer of choice for those already working for you.


Goal #3:  Increase Employee Satisfaction through Engagement Surveys

Provide transparent employee engagement surveys across the organization that will provide open and two way communication.  Highlight feedback to managers by department to assist each leader in recognizing opportunities for growth and development of their team.  Demonstrate the feedback to employees and candidates about the satisfaction indicators of current team members and areas you are seeking to improve upon.  We can THINK we know what is happening within our organizations but until we attempt to MEASURE IT we cannot begin to address issues that might undermine all our best efforts.


Goal #4: Provide Resources for Development

The fastest growing companies with the lowest turnover are those that are investing in their team members.  Individualized learning programs for each team member creates an environment where the employee feels appreciated, challenged and supported in their dedication to the company and its goals.  A robust training program that begins with the new employee then permeates throughout the organization is essential for an organization seeking growth through new ideas and product innovation. Conducting a needs analysis for different jobs will help determine what skills and abilities to focus on next year AND provide a growth path for employees seeking to contribute more.


Goal #5: Be a Vital Contributor to the Management Team

Human Resources can (and should) be a primary contributor to future directions and strategic decisions made by the management team. The goal of the Human Resources should be to forecast the talent, development and resource needs of new projects, initiatives and departments for the coming year.  Human Resources can play a vital role in finding the talent needed for new programs as well as designing excellent training and retention programs for current employees.  Unless (and until) Human Resources helps to DEFINE the objectives it will be relegated to performing actions that fulfill the ideas and decisions of others rather than anticipating issues and actively seeking to avoid problems caused by potential negative ramifications. 


If you can measure and quantify these five goals within your organization you will be able to provide a roadmap for growing the organization by focusing employee actions and establishing a culture that rewards each individual for their contributions (while investing in each person uniquely) so he or she feels free to effectively utilize their talents and gifts.  As with any HR Practice, it is necessary to reassess regularly to determine the progress being made in each area since we do not live within a static world.


Compliance is essential, planning critical and action required BUT the most important goals for Human Resources are to model excellence in everything accomplished and ensure that any employee or manager having a question or needing information has open access to an answer - and that the information provided is correct, accurate and contributes to both organizational and employee growth.  Resolve to become a part of the solution this year rather than being an impediment to success!


Union Activity Likely to be on the Increase in 2015

 by Maggie McPhee, PHR, Director of Information Services

 

On December 12, 2014 the National Labor Relations Board (NLRB) adopted a final rule regarding what has come to be known as the "quickie election" rule, saying it will "modernize" the representation process.  This rule goes into effect on April 14, 2015.


This new rule will minimize an employer's opportunity to wage a campaign by reducing the existing union election process down to a few short weeks.  Additionally it will require employers to provide employee contact information (e.g. personal phone numbers and emails) to the unions sooner than it had to before (within 2 business days of the approval of the election agreement).


Other key changes include:

  • All petitions, filings and notices can now be processed electronically
  • Pre-election hearings will be set for 8 days after the petition is filed.  Post-election hearings will be 14 days after the filing of objections.
  • No automatic stay of an election due to filing of a request to review decisions (made in pre-election hearing).

In addition to providing employee lists, employers must also post a Notice of Petition for Election within 2 business days of being served the petition.


To avoid delay tactics, the NLRB will also require:

  • All petitions must be accompanied by a "Statement of Position" by noon on the day before a hearing begins and include with it a list of prospective voters including their job classifications, shifts and work locations to all parties and the NLRB regional office 1 day prior to the pre-election hearing
  • Pre-election hearing issues will be limited to only those considered necessary to determine if an election should be held

West Michigan does not have a history of a concentration of unions, and we would expect that to continue.  In order to retain our workplace flexibility, however, employers should take positive steps on their own behalf BUT should act quickly by pulling your executive team together and developing an action plan and carry it out consistently.  The initial steps of the plan should include the following:

  • Conduct an environmental scan to assess your vulnerability.  This should include reviewing all your policies, specifically non-solicitation/non-distribution and problem solving policies, and ensure they are being enforced in a consistent manner.
  • Training your supervisors on common union tactics like how to recognize and respond to union organizing activities.  Reinforce your support of them in fostering positive employee relations and what that mean within your culture.
  • Strengthen your employee communications - all mediums - to inform employees about Management's position on unions and to learn their thoughts and opinions on working conditions, wages and benefits.  Part of this communication process should include education on what a union authorization card is, what it looks like and the consequences of signing one.

These new rulings are the result of three years of efforts by the NLRB and were not passed unanimously by the Board.  The dissenting NLRB members refer to this ruling as the "Mount Everest of regulations - massive in scale and unforgiving in its effect."  Other recent changes allow Unions to utilize a company's electronic communications system for organizing activity and "short cuts" in the petition process.


Though Michigan recently became a "right to work" state, changes such as these continue to erode good employee/employer relationships.  Concerned about how to put together an effective communications plan?  Contact TEA for assistance and training about these issues.


References: 

Varnum Law Publications, December 12, 2014

Barnes & Thornburg Law, Employment Law Alert, December 15, 2014

National Law Review, December 12, 2014

Forbes Magazine, December 15, 2014


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Independent Contractors and the Affordable Care Act

from Rob Strate, SPHR, Director of HR Services

 

A recent "Helpline" call from a TEA member brought to light an issue many employers are dealing with in regard to the Affordable Care Act ("ACA").  As most everyone is aware, the ACA requires employers with 50 or more full time employees (referred to as "large employers") to offer affordable health insurance to employees or be faced with significant penalties.  Much has been written about the practice by many employers of hiring temporary and part time employees in an effort to remain below the 50 employee threshold, and therefore not be required to offer health insurance at all. The Help Line call focuses attention on another less publicized practice that is aimed at lowering the full time employee headcount - the hiring of independent contractors.

 

The ACA states that an employer will not be penalized for failing to offer coverage to its independent contractors, a provision that our member's client (whose identity was not revealed) seemed to be taking advantage of when determining whether they meet the minimum threshold as a large employer.  Unfortunately, it was apparent that the client had no understanding of the requirements for workers to be classified as independent contractors nor of the significant penalties that can be handed down by the IRS and Department of Labor should the company be guilty of misclassification.

 

The IRS recently issued a final audit report on the topic of independent contractors, and although the exact numbers won't be published until early 2015, preliminary estimates show approximately 15% of employers misclassified many millions of employees last year.  To help determine whether a worker is an employee, the IRS has identified 20 factors that courts have used to assess whether an individual is an employee or an independent contractor.  Specifically, an employer must weigh the following:

  • Is the worker required to comply with instructions on where, how and when the work is to be done?
  •  Is the worker provided training to perform the job in a particular manner?
  •  Are the services performed an integral part of the organization's operations?
  •  Must the services be rendered personally?
  •  Does the business hire, supervise and pay assistants to help the worker on the job?
  •  Is there a continuing relationship between the worker and the business?
  •  Does the organization set the work schedule?
  •  Is the worker required to devote his/her full time to the organization?
  •  Is the work performed at the company's place of business or at specific places designated by the company?
  •  Does the organization direct the sequence in which work is performed?
  •  Are oral or written reports required to be submitted?
  •  Are payments to the worker made by the hour, week or month?
  •  Are travel and lodging expenses reimbursed?
  •  Does the organization furnish tools and materials?
  •  Does the worker have an investment in the equipment or facilities?
  •  Does the worker stand to realize a profit or loss as a result of the work?
  •  Does the worker work exclusively for the organization?
  •  Does the worker work predominantly for the organization or are services available to the general public?
  •  Can the worker be discharged for reason other than nonperformance of contract provision?
  •  Can the worker terminate the relationship without liability?

The benefits for employers who correctly classify workers as independent contractors are considerable, since health insurance is not required and paying Social Security, Medicare and unemployment insurance taxes can be avoided.  Other costs that would be required for full time employees but can be avoided for independent contractors include minimum wages, overtime, and workers compensation premiums.

 

However, any of these financial advantages gained can be erased when an employer fails to properly classify workers. That's why it is so important to take preventative steps and thereby avoid hefty fines, penalties, and even potential business reputation issues related to noncompliance.  TEA members who have concerns or questions about how they are classifying their workers, whether it be exempt, non-exempt, part time or independent contractors, are always encouraged to contact our Helpline by phone (616.698.1167) or by email (tea@teagr.org).

 

As a footnote to this article, an interview with David Weil, who runs the Labor Department's Wage and Hour Division, appeared in the 12/31/2014 edition of the Wall Street Journal.  In the interview, Mr. Weil stated: "There still are violations of our standard labor laws that are almost jaw-dropping.  Sometimes employers violate the law because they don't understand it.  But there are companies out there that aren't complying because they don't want to or don't feel they need to.  We see a lot of it in the area of misclassification of independent contractors."  Mr. Weil went on to say that the division continues to hire more investigators and that a top priority for the coming year will be to aggressively monitor independent contractor compliance by employers.  To view the entire article that appeared in the WSJ, click here.


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This newsletter is published at 5570 Executive Parkway SE, Grand Rapids, Michigan as a general information service to all members and offers data from many sources. It is not designed to render legal advice or opinion. Such advice may only be given when related to actual situations. Our staff can assist you in interpreting and applying this information to your needs.  For questions or replies to this newsletter, email pmollica@teagr.org.  
 
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