February 2022 Digital Issue

Page 1

Volume 12 : Issue 2



Supreme Court Ruling on Biden

Vaccine Mandate for Employers

On Demand Pay

HR Technology Issue

2nd Installment from Johnny C. Taylor, Jr.’s New Book,




Update on Payroll and HR Technology

HR Technology Expert

The Josh Bersin Company




Keeping up with changing laws is a full-time job, and you’ve already got one. EMPLOYERS AND LAWYERS, WORKING TOGETHER Ogletree Deakins is one of the largest labor and employment law firms representing management in all types of employment-related legal matters. The firm has more than 900 lawyers located in 53 offices across the United States and in Europe, Canada, and Mexico.

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Features 4 note from the editor

Editor Cynthia Y. Thompson, MBA, SHRM-SCP, SPHR Publisher

The Thompson HR Firm, LLC Art Direction

Park Avenue Design Contributing Writers Josh Bersin Amy Dufrane Brad Federman Susan Hanold Dee Anna Hays J. Eric Harrison Deneen Lester Jeanne L. Morris Phillip Russell Johnny C. Taylor, Jr. Eddie Vaughn Sonya Weathers Barbie Winterbottom Nancy Woolever

5 Profile: Josh Bersin, HR Technology Expert 10 RESET: Upheaval brings about opportunities to rethink, reset, and restructure your organization. 19 Congratulations to Cory Fuqua, SHRM-SCP!

Contact HR Professionals Magazine:

HR Professionals Magazine is published every month, 12 times a year by the Thompson HR Firm, LLC. Reproduction of any photographs, articles, artwork or copy prepared by the magazine or the contributors is strictly prohibited without prior written permission of the Publisher. All information is deemed to be reliable, but not guaranteed to be accurate, and subject to change without notice. HR Professionals Magazine, its contributors or advertisers within are not responsible for misinformation, misprints, omissions or typographical errors. ©2022 The Thompson HR Firm, LLC | This publication is pledged to the spirit and letter of Equal Opportunity Law. The following is general educational information only. It is not legal advice. You need to consult with legal counsel regarding all employment law matters. This information is subject to change without notice.

8 The Best of 2022 Leadership Summit March 03 25 Save 20% on HRCI Courses in 2022

27 First Generation Clayton State University Student Chapter

28 SHRM Specialty Credentials

Payroll and HR Technology

35 Online HRCI Certification Exam Prep Class February 16

12 How Technology Can Help You Navigate “The Great Reprioritization” 16 The Employee Experience 22 HR Outsourcing 101 32 How to Evaluate the Value of an ODP Program

Talent Management and Recruiting 14 Cultivating Culture in the Remote World 17 Today’s Marijuana Laws and Their Effect on Your Workplace 24 HR: Your Leadership Team Needs You!

To submit a letter to the editor, suggest an idea for an article, notify us of a special event, promotion, announcement, new product or service, or obtain information on becoming a contributor, visit our website at www.hrprofessionalsmagazine.com. We do not accept unsolicited manuscripts or articles. All manuscripts and photos must be submitted by email to Cynthia@hrprosmagazine.com. Editorial content does not necessarily reflect the opinions of the publisher, nor can the publisher be held responsible for errors.

Top Educational Programs for HR Professionals

Employment Law

31 The Gold Standard for Professional Development

37 New People Manager Qualification – SHRM’s PMQ Training 40 WGU Tennessee HR Program Fully Aligned with SHRM Curriculum

Industry News 6 SHRM-Atlanta SOAHR Conference March 22 in Duluth 7 SHRM Workplace Policy Conference March 27-29 in Washington, D.C. 9 SHRM Annual Conference June 12-15 in New Orleans 11 Order Your Copy of RESET by Johnny C. Taylor, Jr. 30 Introducing HR TV “Let’s Talk HR with Dr. Deneen”

18 Cyber Liability and Social Media Policies

34 2022 ALSHRM State Conference May 2-4 in Birmingham

26 Supreme Court Ruling on the Employer Vaccine Mandate pending

36 2022 MSSHRM State Conference May 2-4 in Biloxi

39 Are You Up to Date on Your State’s Marijuana Laws?

38 SHRM-Memphis Meeting February 20 Featuring Judy Bell

Employee Benefits

March 2022 Issue features Rising Starts in Labor and Employment Law

20 Defined Benefit vs. Defined Contribution: Choosing the Right Retirement Program 21 Transform Your Employee Benefits from an Expense to a Competitive Advantage

Law Plus Updates on Employment Law and Employee Benefits and the Latest on HR Management and the Pandemic Deadline to reserve space February 15 www.HRProfessionalsMagazine.com



a note from the editor We have so much information for HR professionals in our February issue,

featuring payroll and HR technology. We are so honored to have The Josh Bersin with The Josh Bersin Company and renowned HR technology expert on our cover! You will love his career profile on Page 5. Josh has also contributed an article called, “EX Excellence: What Matters Most,” on Page 16. It is a “must-read” about his new EX study on technology and his four-stage model. We have some excellent articles featuring the latest and greatest in payroll and HR technology including one by Dr. Susan Hanold with ADP, and an article on the benefits of a new hi-tech product called daily pay, one of the hot new employee benefits. Did you know companies implementing daily pay have seen a 72% improvement in their turnover? See Barbie Winterbottom’s article, “How to Evaluate the Value of an ODP Program,” on Page 32. There’s lots of new HR technology to get caught up on! What an honor to present the second installment of SHRM President & CEO, Johnny C. Taylor, Jr.’s new book RESET. This exciting excerpt discusses how upheaval brings about opportunities to rethink and restructure your organization, and what that means for leaders now and in the future. If you have not yet purchased your copy, you are missing this excellent leader’s guide to work in an age of upheaval. All proceeds go to the SHRM Foundation. Purchase your copy at RESET.SHRM.ORG. Mark your calendar and register today for the upcoming SHRM

Keep your New Year’s resolution this year and get certified in 2022! We will begin our next Online HRCI PHR | SPHR Certification Exam Prep Class on February 16. I am so proud that our last class had a pass rate of 90%. You will receive personal instruction, and I will stay with you until you pass! The deadline to register is February 9. Please visit our website to register, www.hrprofessionalsmagazine.com. It is affordable and only lasts 8 weeks! Save the Date - February 24 at 2 PM CT, the date for our next monthly complimentary webinar sponsored by Data Facts, “Leadership Strategies for 2022.” This webinar is pre-approved for 1.00 SHRM PDC and 1.00 HRCI Business credit. Watch your email for your invitation. If you are not receiving an invitation, please go to our website, www.hrprofessionalsmagazine.com, and subscribe to our digital issue. You will also receive breaking news updates that impact HR as they occur.

Get certified in 2022!

Workplace Policy Conference March 27-29 in Washington, D.C. Please see the full-page ad on Page 7 for the exciting details. You do not want to miss this important conference! We also have details on the 2022 ALSHRM State Conference in Birmingham, the MSSHRM State Conference in Biloxi, and the 2022 SHRM-Atlanta SOAHR Conference in Duluth in this issue.



cynthia@hrprosmagazine.com @cythomps on Twitter

on the cover



Global Industry Analyst CEO, The Josh Bersin Company Dean, Josh Bersin Academy Josh Bersin founded Bersin & Associates in 2001 to provide research and advisory services focused on corporate learning. Over the following years, he grew the company and expanded coverage to encompass HR, talent management, talent acquisition, and leadership. His work and prolific writing brought him recognition as an expert in the talent market. In 2012, Bersin sold the company to Deloitte, when it became known as Bersin by Deloitte. As a Deloitte partner, Bersin was involved in many HR and learning engagements and was a principal author of Deloitte’s annual Human Capital Trends Report. He retired from Deloitte in 2018. In 2019, Bersin founded the Josh Bersin Academy, a professional development academy for HR and learning professionals. Currently, the Academy offers 18 cohort-based courses covering topics ranging from people analytics to HR technology to talent acquisition. In 2020, he put together a team of analysts and advisors who are now working with him to support and guide HR organizations from around the world under the umbrella of The Josh Bersin Company. Recently published research covers topics such as hybrid work, HR technology market trends, employee experience, and diversity, equity, and inclusion. In addition to the company’s ongoing research, Bersin created the Big Reset, a series of collaborative sprints for HR executives, to tackle the workforce challenges of the pandemic. The Big Reset groups continue to meet to help participants brainstorm on ways to address hiring challenges, the need for new leadership practices, and diversity and equity. Big Reset work is summarized after each sprint in special reports. Bersin is frequently featured in publications such as Forbes, Harvard Business Review, HR Executive, The Wall Street Journal, and CLO Magazine. He is a prolific blogger and has more than 800,000 followers on LinkedIn. 



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Upheaval brings about opportunities to rethink, reset, and restructure your organization.

Here’s what that means for leaders now and in the future.

A MESSAGE TO LEADERS The challenges of 2020 had me thinking about Leadership Secrets of Attila the Hun and its emphasis on courage as a key trait for leaders. One “Attilaism” states that “Huns must learn early that working through a hardship is an experience that influences them all the days of their lives.” He may as well have been writing about the Covid-19 pandemic. So, while the pandemic crisis gave me pause, it also offered a rare opportunity to hone my principles of leadership and then put them to work. Crises come and go, but our charge to demonstrate leadership skills is constant. In times such as these, I abide by three key principles: 1. Culture comes first. There is no better test of organizational culture than stressful moments when your workforce comes together—or crumbles. It’s important to take these moments to identify who really drives your guiding principles and who does not. You’ll never have a better opportunity to assess the members of your leadership team for their cultural alignment than when they are put on the spot during a crisis. 2. D ata is your greatest friend. My data team at SHRM is there to arm me with the best information. I rely on them more than most CEOs, but numbers do not take the place of leadership. Over the years, I’ve worked with peers whose style is to do everything by instinct and those whose style is to overanalyze. The Covid-19 pandemic, so dependent on daily changing data, provided an opportunity for leaders to assess their own instincts and abilities to make analytical, data-driven decisions. In the future, other such opportunities will arise, where you’ll want to rely on data to guide your way forward. 3. B e “extra.” The CEOs of the world grind and cycle through business crises to make sure our bottom lines are sustainable. During periods of heightened stress, we dive into a focus on our revenues and budgets, often forgetting the impact we have on people’s lives. When I find myself falling into these bad habits in my work relationships, I try to stop and think about a guiding principle imparted by Ram Charan. This renowned executive coach and author advises being “extra” in all 10


you do to serve your people. That means making the extra effort to recognize those who are working through extraordinary circumstances. I’m often reminded of that old proverb, “Necessity is the mother of invention.” The upheaval of a crisis forces us all to challenge everything we have been thinking and saying about work on virtually every front. Even organizations that think they have it right discover they need to revisit how they do things. And that’s the silver lining of a crisis.

THE CHIEF HUMAN RESOURCE OFFICER Many of my CEO colleagues seek out my thoughts on one question: Do I have the right CHRO? Why? Because the CHRO serves as the chief reinvention officer, exploring how the workforce relates to consumers and determining which skills that workforce can apply in novel ways. Over the last ten years, SHRM has interviewed CEOs to find out what they consider to be the characteristics of the ideal CHRO. Most described true leaders who epitomized the reinventive spirit. Specifically, CEOs were looking for CHROs who embodied the following five core tenets: • Push boundaries to power organizational agility • Unleash digitization • Embrace perpetual work reinvention

• Relationships. Not every problem-solving opportunity has to begin with relationships and their dynamics. • Righteousness. Here is endless debate over who is right, forgoing core collaboration that accounts for other perspectives. Fewer than one in four CEOs have CHROs on their team who apply the Big Right R’s: • Results. The basis of every activity is to deliver results for the organization, which, in turn, delivers results for people. This may mean talent management, training programs, and succession strategies. • Reconnaissance. Data and information are leveraged to advance organizational objectives. Today, this means that application of core analytics enables the CHRO to make decisions about efficiency, effectiveness, and entrepreneurship. • Resourcefulness. Decisions are based on evidence and concepts of design thinking—a cognitive and strategic practice applied to problem solving. Today, this means the CHRO can think abstractly about new problems and their underlying issues, has the tenacity needed to tackle them, and has the ingenuity to resolve them. • Reimagination. Each day starts with an understanding of people matters and an eye toward reinventing the business in the face of competition and existential threats.

• Rethink culture and leadership • Elevate HR decision science Unfortunately, these CEOs seldom found what they were looking for in large part due to a focus on the four Big Wrong R’s of HR: • Rules. They approach every problem with the notion of following rules rather than thinking about how to design a solution. Later, they assess compliance in terms of whether rules were followed. • Roles. Every discussion of an issue starts with the dreaded “who’s in charge here?” determination of roles and responsibilities. If your CHRO makes such an unspoken call for validation in order to solidify their own authority, it’s time to consider a change.

LEADERSHIP LESSON: As we look at leadership under a new lens, it’s important to consider the greatest capital for any organization—talent. The organization succeeds not with trite perspectives on unleashing human potential or driving greater growth, but through a deep examination of how the organization reinvents itself regularly through effective talent management. We have all heard the old adage “Never waste a good crisis.” I would offer a friendly amendment: “Make constant reset your friend.” Excerpted from Reset: A Leaders Guide to Work in an Age of Upheaval, by Johnny C., Taylor, Jr., SHRM President & CEO

SHRM’s Johnny C. Taylor, Jr. Introduces His New Book RESET Available Now

ABOUT THE RESEACH FOR RESET At its heart, Reset provides an inside look at how leaders lead in times of crisis and provides a playbook for reinventing an enterprise no matter the crucible it finds itself in. A hallmark of this book is SHRM’s proprietary research and evidence-based insights designed to master organizational transformation through its people. For SHRM’s globally recognized research has been used to inform CEO perspectives on workplace issues related to sourcing talent and chief human resources officer (CHRO) insights into the employee experience. Based upon probability-based sampling and innovative data sciences, this book presents a holistic look at organizational behavior from a practical angle. Leaders will find data from consumers, working Americans, HR professionals, small business operators, CHROs, and CEOs across all major industries. From that base, it shares lessons on the following topics regarding leadership in this new era: • Perceptions of employees and employers when it comes to sustaining culture and driving innovation when the workforce is dispersed • Defining the best talent search strategies no matter your industry, as you seek growth and reinvention to sustain your business • Developing workplace strategies that ensure safety for all workers • Motivating the right type of behavior from your leadership team • Understanding financial impact of policy shifts long overdue in the modern workplace • Analyzing the viability of your business model given the current talent pool and future workforce trends • Examining best practices and insights from leaders at the cutting edge of re-imagining their workplaces’ cultures for inclusion • Building a culture of innovation capable of withstanding common everyday naysayer perspectives and challenges • Perhaps most importantly, defining what works when everything else fails, no matter what the world throws at you Whether your imperative is to thrive during chaos or lead the necessary transformation long overdue within your organization, the key is in the data. Leaders who leverage data make informed decisions even when just confirming their gut instincts. In Reset, data plays a leading role in making the point for all leaders met with crisis—use the information available to you and make the crisis your opportunity.



ABOUT THE AUTHOR Johnny C. Taylor, Jr., SHRM-SCP, is President and Chief Executive Officer of SHRM, the Society for Human Resource Management. With over 300,000 members in 165 countries, SHRM is the largest HR professional association in the world, impacting the lives of 115 million workers every day. As a global leader on the future of employment, culture and leadership, Mr. Taylor is a sought-after voice on all matters affecting work, workers and the workplace. He is frequently asked to testify before Congress on critical workforce issues and authors the weekly USA Today column, "Ask HR." Mr. Taylor's career spans over 20 years as a lawyer, human resources executive and CEO in both the not-for-profit and for-profit space. He has held senior and chief executive roles at IAC/Interactive Corp, Viacom's Paramount Pictures, Blockbuster Entertainment Group, the McGuireWoods law firm, and Compass Group USA. Most recently, Mr. Taylor was President and Chief Executive Officer of the Thurgood Marshall College Fund. He was appointed chairman of the President's Advisory Board on Historically Black Colleges and Universities and served as a member of the White House American Workforce Policy Advisory Board during the Trump Administration. He is a Trustee of the University of Miami, Governor of the American Red Cross, and member of the corporate boards of Guild Education and iCIMS. He is licensed to practice law in Florida, Illinois and Washington, D.C. ABOUT SHRM SHRM, the Society for Human Resource Management, creates better workplaces where employers and employees thrive together. As the voice of all things work, workers and the workplace, SHRM is the foremost expert, convener and thought leader on issues impacting today's evolving workplaces. With 300,000+ HR and business executive members in 165 countries, SHRM impacts the lives of more than 115 million workers and families globally. Learn more at SHRM.org and on Twitter @SHRM.



How Technology can help you navigate “The Great Reprioritization” By SUSAN HANOLD

As talent continues to reprioritize their needs and redefine the work experience they are looking for, employers are evolving to meet the new demands. This "Great Reprioritization" is a challenge many employers are currently navigating. However, as employers look to reimagine the employee experience they offer, technology is helping with the transformation. Here are 4 areas where technology can make an impact on the employee experience.

For instance, recruiting technology now allows candidates to opt in for text updates on the interview process to keep them connected. There are now solutions aimed at helping employers bring their workforce back to the physical workplace, which allow employees to take surveys and schedule work all through an app. In fact, workers have completed more than 4.5 million health status surveys since ADP launched its ADP Return to Workplace mobile solution. Additionally, many employees leverage mobile to complete benefits-related tasks. According to O’Keefe, “our self-serve options through our ADP mobile technology and employee dashboard help our employees identify and use their benefits while also offloading some manual tasks from our HR team.”

Shine with New Hires I was surprised when my friend recently started a new job and faced challenges with paperwork when getting onboarded into the payroll system. Listening to her frustrations about the delay was a reminder of the importance of a smooth transition. Her experience hurt her perception of her employer’s brand. Paying new employees on time and accurately can be a key contributor for retention. Companies should seek to provide digital capabilities for payroll operations to eliminate manual tasks that can lead to errors, costly mistakes, and tarnished brand reputation. According to Chelle O’Keefe, Executive Vice President, CHRO with Associa, “the current talent market creates a need for employees to quickly connect to their companies and the HR team to quickly move through each process of the employee lifecycle. ADP has helped us with automating our onboarding processes to connect our new hires very quickly to our company and create a positive first impression. They also help our HR team by automating important tasks and creating efficiency. This is the best of both worlds!” Those first impressions begin with making sure new hires are familiar with the expectations for the technology they are introduced to during orientation. Sending out that first virtual meeting invitation that includes a link inside of it while may seem like an everyday occurrence to some may be new to others. For instance, provide relevant details on whether you are expecting a camera to be on or if it’s fine to call in. This can eliminate stress and frustration for a new employee who may not know company cultural norms. Some companies are starting to see job switchers come back, an occurrence often referred to as “boomerangers.” Companies might consider leveraging this opportunity to learn from these employees’ experiences and build their employee branding by interviewing these employees, videotaping their stories, and sharing them in orientation materials and on their career website. Build Connection The rise of unified communication and collaboration tools is changing how we work. These tools bring value in building connection with employees. Research shows that feeling connected to a team can increase individual engagement. Increased engagement can lead to reduced turnover and reduced absenteeism.

Accelerate Talent Initiatives Your talent acquisition and talent management goals are important business priorities because of their impact on your employees and the business. Quit rates are high especially with women according to the Bureau of Labor Statistics (BLS). According to a BLS study, in September 2020 working women were experiencing the worst effects of the COVID-19 recession, unlike in previous downturns, which hit working men the hardest. Talent technology solutions can help reduce bias in job postings, eliminate identifying details from candidates' resumes and provide pay equity benchmarking data to help you identify and close compensation gaps. Leverage compensation benchmarks across the recruiting workflow to guide competitive yet appropriate job offers. Navigating Forward Don’t get distracted with all the different labels out there describing the current talent environment. To successfully navigate forward, build a roadmap that enables technology to enhance the employee experience and support your business.

Some companies are embedding technologists into specific teams, so they are closer to the people who they are coordinating solutions for rather than in separate traditional IT departments. Leverage Mobile The average time spent daily on a phone, not counting talking on the phone, continues to increase each year. Trying to tell someone these days to go without their mobile device for a day is a conversation I’m not sure I’d want to have. Companies that want to meet their candidates or employees where they are will need to have a mobile strategy. 12


Susan Hanold, PhD

Vice-President Strategic Advisory Services ADP



Cultivating Culture in a Remote World Remote work, or the ability to work from home, is all the rage. But should it be? Do companies really like it? Do employees really want it? And even if the answer to both those questions is yes, can it even be achieved? Most importantly, can you maintain a culture in a remote world?

Do companies really want a remote work environment? Companies fought remote work prior to the pandemic. Now it looks like they are embracing remote work. But why? Currently there is a labor shortage, making it difficult to fill roles. Organizations are also facing pressure from existing employees wanting to work remotely. Given the recruiting, hiring, and retention challenges that exist at this moment in time, it makes sense that organizations have become flexible. The big question is, will their sudden interest and flexibility last? For many, probably not. For remote work to be successful, there needs to be a certain level of trust. Organizations need to focus on managing outcomes rather than time. Based on some recent trends, it is becoming clear that most organizations have not made that shift and trust will suffer. Here are some current strategies organizations are taking to support remote work: Sixty percent (up from 30% just prior to the pandemic) of organizations with 1000 people or more have adopted the following technologies:

Do employees really want to go remote? This is not as clear cut as people make it out to be. It depends on how you ask the question. • 87% of employees would like to work from home one day a week • Only 33% of employees would not want to work for a company that required them to work from the office full time. Employees are unique. Some employees want to be remote, others want a hybrid approach, and then there are also the employees that want to return to the office. However, the more important question we have to ask ourselves is, “Is what we want good for us?” Now that we have been working from home for a while, some interesting statistics are bubbling up. • 69% of employees are burnt out • 65% of remote workers are working more hours • 84% of millennials are experiencing burnout

• Monitoring employee keystrokes and mouse movements

• 41% of remote workers report stress compared to 25% of office workers

• Ability to take screenshots of employee computer screens

• 49% of employees say they suffer from Zoom fatigue

• Capability to scrape emails • Biometric tools to track employee movement • Measure the length of conversations with colleagues The number of employers turning to these technologies is only growing. With most news sources promoting remote work and its benefits, you have to wonder why organizations are still skeptical. Actions 14

speak louder than words. According to the global consulting firm, McKinsey, after nine months of remote work behind them, CEOs have mixed feelings and opinions regarding remote work.


On top of all of those alarming statistics, remote workers report struggling to unplug from work, being challenged with collaborating from a distance, frustrated by distractions at home, have difficulty staying motivated, and many say they are lonely. Most concerning is that the tools are not always working. Depending on what survey you look at, one third to two thirds of remote employees say their internet access is weak or not consistent, creating barriers to predictable productivity.


Beyond the stress levels, burnout, and technology issues, some people are not wired for remote work, even if they like the idea of working from home. Remote work means managing your energy and mindset at an even higher level than in the office. For instance, most people need to create a routine such as getting ready for work, leaving their house, going to a coffee shop and ordering a cup of coffee, and then driving to their home as if they are going to the office in order to have a productive day. However, many people lack the routine needed to be productive and ignore the warning signals highlighting their daily challenges of remotely working. Personality differences also have a major impact. People with an extraversion preference are struggling right now because they feel isolated. Forcing remote work on those individuals over the long haul could be extremely problematic. Finding ways for them to network and make personal connections in a remote world is paramount. Extraverts need interaction and enjoy face-to-face time, otherwise, their mental health, productivity, and quality of work can be negatively impacted. Most introverted individuals have truly enjoyed remote work. However, many introverts feel at home on Isolation Island and need to get pulled back in more to collaborate. By allowing employees to insulate themselves, it not only negatively affects productivity and collaboration, but it can be detrimental to one’s career.

Can a remote workplace be achieved? Everyone seems to think so. However, not everything can be completed remotely. The potential for work to be remote is based on tasks, activities, and capabilities. For instance, many physical and manual activities cannot be accomplished remotely. Other tasks require fixed or large equipment not suitable for a home work environment. Working in a lab, sales and service in a store, building a home or office building at a construction site, or operating equipment in a factory are all examples of work that cannot be completed remotely. Even when the activities can be transferred to a remote environment, quality can suffer.

We have all found that remote schooling can work, but it is not the same. Not only do students lose socialization, many report learning less in a remote environment. Certain activities such as relationship building, negotiations, collaboration, innovation, and problem solving have a uniquely different feel in person and as such, produce different results. As research results start to come in, we are beginning to see the limitations to remote work. Much of the research, such as a recently completed McKinsey study, illustrates that approximately twenty eight percent (28%) to thirty three percent (33%) of worktime in an advanced economy can be completed remotely without a loss of productivity. This is a far cry from the predictions being provided by many in the social media, print media, and television world. There are so many implications to going fully remote, from the impact on people’s careers to the health of urban centers. The future looks more hybrid than anything else. Hybrid work environments create new challenges as well. Scheduling, appropriate workspaces, costs of maintaining home offices and traditional office space, bias in career

advancement, most of the issues discussed earlier in this article, and more are impacted.

How do we cultivate culture in this new environment? The first step is to make sure that everyone’s basic needs are met. Right now, over seventy percent (70%) of employees feel their organization is not doing enough to address burnout. The situation is becoming untenable for most people. Organizations must start to think about how remote work and the pandemic is causing: • Unfair treatment • Unmanageable workloads • Lack of support • Increased ambiguity

helping managers learn how to coach remote employees and assisting employees in making changes themselves by coaching them and training them on how to best approach remote work is needed. Once we address these issues, companies will need to be proactive in cultivating culture by consistently and regularly reinforcing the organization’s mission, vision, and values. These can be discussed and explored in meetings, one-on-ones, communications, coaching sessions, and more. While better in person, all of these activities can be completed on a Zoom call. It just means that we need to up our game when it comes to emotional intelligence and remember productivity and completed tasks are dependent on… people. Culture should support people. Healthy people working together toward a meaningful purpose.

• Unreasonable time pressure • Isolation • Zoom fatigue Once an organization has a clear view of their employee’s concerns, they must productively address those concerns. Also,

Good CULTURES need character. Good characters need CULTURE.

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3. Innovation and sustainable growth depend on equitable rewards and building communities at work. EX is sometimes used as a code for higher pay and perks. However, in order to have a significant impact, rewards and recognitions must be fair and equitable.

EX Excellence: What Matters Most By JOSH BERSIN

Creating and upgrading employee experiences has moved to the top of the agenda for many HR organizations. To say EX is complex is a dramatic understatement. And the speed with which it’s emerged as a priority for HR and business leaders has sown uncertainty. Get a group of HR leaders together and I guarantee you wouldn’t get agreement on the very definition of EX, let alone what to do to actually drive higher employee engagement, foster more productivity and performance, and ultimately enable improved outcomes. No one single action will magically result in an excellent employee experience. EX is multi-layered and requires buy-in and participation from across the organization. But you can’t give up or take shortcuts. The stakes are too high, and your employees trust you to make change happen. In our recently-published report, The Definitive Guide: Employee Experience, we set out to learn what actually matters most when it comes to creating an excellent employee experience. The results will likely surprise some. Many view EX as primarily a technology challenge, and the market has recently been flooded with new offerings that promise to deliver EX solutions. However, the six key EX principles identified through our research are related to creating a culture of trust and transparency, equitable rewards, ongoing people-related investments, and the development of HR capabilities. These principles transform EX from a passive, top-down technology initiative primarily focused on simplifying work processes to one that brings about sustained cultural change that puts people first. 1. Focus on trust, transparency, inclusion, and care. Companies that do EX exceptionally well put their mission and purpose first. Trust is vital. When people don’t trust your company, you have to offer a lot of money and perks for candidates to even consider joining you—and, even if they do, you may not be able to hold on to them. 2. A supportive culture plays a big role. By far, the biggest predictor of EX excellence is a work environment in which people are encouraged to help others.

4. Consistent, mission-first people investments in any business climate improve business performance. When money is tight, it’s easy to clamp down on investments and a focus on culture. We found companies prioritizing investments in people, regardless of the business climate, are much more profitable, have more satisfied customers and more engaged employees, and are perceived as great places to work. 5. EX excellence directly leads to business outcomes. Engagement is an important outcome of a great employee experience, but not the only one. There’s no doubt more engaged people are happier, more productive, and provide better service to customers. But companies focusing on the right EX strategies and practices have better outcomes across the business, people, and innovation. 6. HR capabilities and the right technologies are vital. EX is about trust, transparency, caring, and empathy. It’s about leadership and culture, growth, communities, and equity. How do you enable these big strategic concepts and scale them for your workforce? The answer is developing the right HR capabilities and implementing the right technologies.

A Word about the Role of Technology Clearly, technology plays a role in creating a great EX. Without technology, making daily moments simple and removing friction from the workday is not possible. Even small companies need all sorts of tools to help employees get work done, and that infrastructure only grows the more complex the company is. While our EX study was not primarily focused on technology, we looked into various tools related to EX. What we found was fascinating: technologies and services alone don’t drive a great experience, but they absolutely matter to supporting the right culture, trust, and inclusive environment. Companies go through an EX journey in different maturity levels (our study includes a four-stage model). As a company moves up in maturity, different technologies need to be added into the ecosystem. We also found that the EX practices that have biggest impact on business and people are those that are related to getting insights, learning, and growing. Advanced people analytics and correlated actions have the highest impact on overall business outcomes, followed by advanced knowledge systems and adaptive learning tools. Only when we understand barriers to productivity and inclusion through analytics, take action based on these insights, and provide the knowledge and capabilities needed for optimal performance can employees do their best.

For more information on EX research conducted by The Josh Bersin Company, visit www.joshbersin.com. 16


Today’s Marijuana Laws and Their Effect on Your Workplace By SONYA WEATHERS

Human Resource professionals know they must roll with changes of some sort every year. Responding to new laws and regulations takes adaptability and flexibility, but it’s necessary to maintain a compliant workplace. Recently, the landscape regarding marijuana use has been a big driver of change. By the end of 2021, 36 states had legalized medical marijuana and 18 states had legalized marijuana for recreational use.

marijuana from the drug testing panel. That way you can still test for other illicit drugs without making hiring decisions based on an applicant’s marijuana usage. Change When You Screen Even if you decide to remove marijuana screening from your pre-employment drug testing process, you still need to consider screening in certain situations, just like you do with alcohol. Screening upon reasonable suspicion, post-accident, for safety-sensitive or regulated roles (i.e., DOT regulated or running heavy equipment) or pre-access are all acceptable times.

No matter where you personally fall on the subject, the growing trend is that marijuana use is acceptable in more states than it’s not. This poses a problem that your drug screening process must address. Questions like “Should I still be screening job applicants for marijuana?” “Is it legal for me to consider marijuana use in my hiring decision?” “Is there a better way to screen for drugs than we are using now?” need to be thoughtfully considered and answered. In a 2021 industry survey, 79% of drug screening providers said their clients were concerned about their ability to test for THC, and 71% said they were concerned with the legal risks of testing for marijuana. HR professionals need to consult with their Drug Testing partner and legal counsel to ensure compliance with the changing laws. Legalizing marijuana doesn’t make the drug less of a threat to your workplace. Drug abuse causes accidents, decreases productivity, and increases turnover in the workplace. These are the reasons companies conduct drug screening in the first place! How, then, can companies still screen for drug use and comply with their state and/or local laws at the same time? There are several ways HR can adjust their policies, so they still mitigate risk. Remove Marijuana Screening from Your Drug Testing An option for some employers is to ask their screening provider to remove

Don’t be tempted to discontinue drug screening altogether because you’re unsure of how to proceed with new marijuana laws. The stakes are too high, and the costs are too great to ditch your attempts at achieving a drug-free workplace. Let’s look at the return on investment of screening for drug use in the workplace. The average annual cost of a substance abuser to a company is $8,187. According to the National Safety Council, marijuanausing employees are 3.6 times more likely to cause a workplace accident, and the average medically consulted injury costs $39,000. Bottom line: Don’t open your company up to costly risk by eliminating your drug screening policy. Take the time to review and edit it so it works for today’s laws. Lean on your drug screening partner to reach a workable solution.

Use New Methods of Screening Urine testing remains the most popular form of drug screening by far. However, it may not be the best option if you’re testing for recent use. For example, if your employee uses marijuana during lunch, then causes an accident an hour after they get back, urine testing may not have time to register this usage. According to a recent study, the window of impairment for marijuana use is 3-10 hours. If you’re changing your drug screening policy to accommodate the new marijuana laws, implementing oral testing is a smart move. Oral tests return results within a few minutes, and they detect recent use within that 3–10-hour window. These results are strong evidence that back up adverse actions taken because of on-the-job impairment. Oral tests are great options for addressing post-accident or reasonable suspicion circumstances.

Never has a reputable, experienced drug screening vendor been more important to your company than it is this year. Use their expertise in re-crafting your policy to address the marijuana laws in your state (or states) of business. Your vendor partner should be able to assist you in adapting your current policy so it’s legal and recommending new drug screening options as needed. The overwhelming trend is to legalize marijuana use in the United States. With these changes comes uncertainty in how to proceed with a drug screening policy that both protects your workplace and follows the law. Give your current policy a hard look and make changes where you need to, without throwing it out altogether. The time it takes to re-work your policy will be returned in maintaining better hires, lower turnover, and higher productivity.

Sonya Weathers

National Accounts Executive Data Facts, Inc. sweathers@datafacts.com www.datafacts.com



Cyber Liability and Social Media Policies BY J. ERIC HARRISON

Social Media is everywhere in the 21st Century, including the workplace, and there are pros and cons to its use in that setting. Popular social media platforms such as Twitter, Facebook, Instagram, and Snapchat are widely used by employees and employers today. How can this technology be useful to employers? On the contrary, how can it be harmful? What is it that employers should know and do to protect themselves?

may, impact the workplace, they should follow an analytical process. Some employee comments may be legally protected, so employers need to be methodical and consistent in addressing every such problematic communication. Privacy laws, such as the Tennessee Employee Online Privacy Act (2014), and other legislation, such as the National Labor Relations Act (“NLRA”), can dictate the scope of monitoring and addressing certain social media communications.

Some of the benefits that social media can bring to employers are marketing profitability, ease of recruiting/hiring, and betterment of employee relations. Over 70% of job seekers are looking online. In addition, over 75% of millennials found jobs through social media. Social media also gives the employer a wealth of accessible information to make recruiting/hiring decisions. Inc. Magazine published on January 9, 2020, that 54% of employers declined to hire someone because of information found on social media, and the same article reported that 44% of employers had found information on social media that influenced in favor of hiring.

Electronic communications devices that are provided by, or paid for by, the employer, grant the employer a wide latitude of access to monitoring and policing cyber communications. Employers also have the right to restrict or block access to certain sites. They can also investigate specific information about unauthorized transfers of employer/ company information. However, employers under the Tennessee Employee Online Privacy Act are prohibited from certain activities or actions, such as requiring disclosure of passwords to personal employee internet accounts, requiring an employee to add the employer to a personal account, or forcing access to a personal internet account in the employer’s presence.

Some negative aspects of social media in the workplace are that employees can use it as a platform for criticism and complaints about management and/or the company, as well as to post inappropriate comments, and harass others. The use of social media in the workplace can also expose the company to data breaches. When deciding whether to use social media in connection with hiring, there are several key factors that employers should consider. Hiring managers should designate one person within HR or risk management to conduct these social media searches, and then share the relevant information with the hiring manager/team. Additionally, searches do not need to be done for all hires but should be consistent across the board – the same search process should be used with all candidates. It may be worthwhile to consider a non-decision maker to filter out prohibited information, and if information is found that results in not hiring a candidate, the employer should retain that information. Employee’s usage of social media and the vocalization of employee opinions can often cause headaches to employers. Employees have opinions, and like to share them, and many of these opinions/issues are divisive in the polarized society we live in today. When employers receive information about employee social media activity that does, or 18


The scope of employee protection does not extend indefinitely, however. Employee social media commentary may be protected under various workplace laws such as the ADA, ADEA, Title VII, FMLA, OSHA, and NLRA, but there is no expectation of privacy in using the employer’s equipment or accounts at any time, regardless of whether the employee is at home or using the device after hours. If employee commentary is deemed protected, then the employer must be very cautious about taking any adverse action based on those protected comments. Sometimes the best option is to do nothing; other times, a friendly conversation can be effective. If it is determined that a conversation is in order, it needs to be done by the right person, and in a private, low-key manner and setting. It is not something that should be publicized. If it is determined that a conversation is not enough, and the employer wishes to discharge or discipline the employee, this is allowed, unless the comments are protected. This determination is not always simple or clear. For example, if the employee has made blatantly racist, sexist, or violent/violence-advocating remarks, employers can reasonably conclude the communication is not protected. When it is not that clear, get the facts, talk to the employee, and make a reasoned decision, preferably with input from legal counsel.

The National Labor Relations Act (“NLRA”) protects concerted activity for mutual aid and protection regarding wages, hours, and working conditions. This applies to almost all workplaces. The determination of whether social media commentary is protected under NLRA is not always obvious. This is exemplified in Knauz BMW. In that case, there was an event to introduce a new model for a vehicle. The dealership served only hot dogs and water for refreshments, and customers complained. As a result, a salesman complained on Facebook that he could not make sales because the customers were upset. Another salesman responded, agreeing that the dealership’s actions hurt his ability to make commissions. The first salesman also posted a picture of a Land Rover in a pond, along with a humorous comment. The same group that owned the BMW dealership owned the Land Rover dealership, did not see the humor, and discharged the salesman. The salesman filed an NLRB charge. The NLRB found the comments to be protected, but the picture and joke were not. The employee could have been fired for the picture and joke alone; therefore, the charge was dismissed. Discrimination and harassment, or other violations of policy that occur online, can expose the employer to the same liability as if it had occurred in person. The rules for these are the same; the only difference is the way it is communicated. Employers should monitor and be aware of what is being posted on company-sponsored social media by employees, or even third parties. Effective, written social media policies are an important way to limit employer liability. Social media policies should be crafted with caution. An employment policy is unlawful if employees would reasonably understand it as prohibiting NLRA-protected activities. Problems arise when employers

are overly vague, overly broad, do not provide examples, or do not provide business justification explanations. When forming social media policies, employers need to determine what amount of non-workrelated social media use is appropriate for the position, such as usage during breaks only, safety considerations, or a total prohibition of such on employer-owned equipment. Again, if an employee is using an employer’s equipment or computer network, there is no reasonable expectation of privacy from employer monitoring. Employers should draft clear written policies that state there is no expectation of privacy, what is prohibited, and provide examples. Employers should include prohibitions against harassment, illegal activities, violence, and discrimination. The policy should include clear consequences for violation and reiterate the prohibition on disclosing confidential information. Employers should document clear communication of policies and obtain written acknowledgement of understanding from employees. In summary, employers should have a well-written policy governing the use of social media in the workplace; they should communicate and train employees and managers on the policy; and they should use careful, analytical, and uniform policies in implementation, use, and discipline resulting from social media in the workplace.

J. Eric Harrison, Member

Wimberly Lawson Wright Daves & Jones, PLLC Knoxville, Tennessee office eharrison@wimberlylawson.com

Congratulations to Cory Fuqua, SHRM-SCP! Cory is an HR Generalist for the Tennessee Comptroller of the Treasury in Nashville. He assists in reviewing, responding to, and documenting Americans with Disabilities Act (ADA) requests for accommodation, including active participation in the interactive process. He is also involved in handling employee relations within the agency. Cory assists in the administration of the Family Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA), including interacting with employees, processing and disseminating documents, monitoring leave balances, and maintaining records. In addition, he is the employee relations coordinator for the agency, which includes performance management, coaching, responding to and facilitating employee investigations, as well as maintaining legal compliance. Cory also assists in administering employee benefits including insurance administration, open enrollment, and conducting orientation. Cory has also received his PHR designation from the HRCI Institute.



Defined Benefit vs. Defined Contribution: Choosing the Right Retirement Program By EDDIE VAUGHN

Employer-sponsored retirement plans are divided into two major categories: defined-benefit plans and defined- contribution plans. As the names imply, a defined-benefit plan—also commonly known as a pension plan—promises a specified benefit amount at retirement. The benefit usually is defined via a plan formula based on the employee’s pay and/or years of service and the (guaranteed) benefit is payable for the employee’s lifetime. A defined- contribution plan does not promise a benefit amount at retirement, but rather allows employees and employers (if they choose) to contribute to an individual account and invest funds over time to save for retirement. In this type of plan, it is the annual contribution that is known and the ultimate benefit at retirement depends on the investment performance of the account. In general, defined benefit (DB) plans come in two varieties: traditional pensions and cash-balance plans. Examples of defined contribution (DC) plans include 401(k) plans, 403(b) plans, employee stock ownership plans, and profit-sharing plans. The benefits in most defined benefit plans are protected, within certain limitations, by federal insurance provided through the Pension Benefit Guaranty Corporation (PBGC). Defined contribution plans do not have PBGC protection. Among the key distinctions between DB and DC plans are which party—the employer or employee—bears the investment risks and the cost of administration for each type of plan. In a DB plan, usually the cost of the plan is borne entirely by the company. Employees are not expected to contribute to the plan, and they do not have individual accounts. Instead of an individual account, the employee has a right to a specific annuity, which is a stream of defined benefit payments. Employees do not have to enroll for the plan, and once they meet basic eligibility rules, they are automatically covered. Except for cash balance plans, benefits in DB plans typically are not as portable when switching jobs as they are under a DC plan. In a DB plan, the company has responsibility for plan investments and since the benefit promise must be honored regardless of how the underlying funds perform, the employer bears the risk on investments. Because of this risk, DB plans require actuarial computations and insurance that provides for benefit guarantees, making the costs of administration sometimes higher than in some DC plans. The cost of a DC plan is typically borne by the employees, by deferring a portion of their salary. There are limits on how much an employee can contribute each year, and the employer can match the contributions up to a certain amount, if they choose. The employee often has to enroll in the plan (although auto-enrollment is becoming more popular) and will then have a personal account within the plan to choose investments for. The investments grow on a tax-deferred basis until funds are withdrawn at retirement. The employee owns the account itself and can withdraw or transfer funds according to the provisions of the plan, potentially via loans, hardship distributions, or a 20


distribution upon termination of employment (often in the form of a roll-over to an IRA or their new employers’ plan). Contributions are typically invested in mutual funds and money market funds, but the investment menu can also include annuities and individual stocks. Because the employees’ benefit is the account derived from contributions and earnings thereon, and there is no benefit promise beyond that, the employees bear the investment risk under a DC plan. Aside from offering a satisfactory menu of investment options for the employees to choose from, the employer generally has no obligation or risk with respect to the investments. In addition, these plans generally require less administrative work than DB plans, and will often cost less to administer. Largely as a result of the factors above, DB plans in the private sector have become less common, increasingly having been replaced by DC plans over the last few decades. This shift to DC plans has placed the burden of saving and investing for retirement on employees. This table compares some of the typical key features of these two types of plans. DB PLANS


Employee Participation



Investment decisions and risk borne by



Retirement income stream guaranteed for life?



Retirement income amount is known or predictable



Inflation protection built in?



Prevalence of ancillary benefits



Loans and hardship withdrawals allowed?



Normal distribution from plan

Monthly annuity for life, but sometimes lump sum is an option

Lump Sum

Benefits Guaranteed by PBGC



Generally targets benefits towards

Older, long service

Younger, short service

Key service provider



Cost volatility

Higher (somewhat unpredictable, arising from demographic and investment experience)

Lower (usually a function of payroll)

Net liability (or asset) on employer’s year- end balance sheet



Ultimate cost of retirement benefit, per dollar of benefit provided



Despite the emerging prevalence of DC plans, whether to sponsor a DB or DC plan depends on many considerations that are specific to each individual plan sponsor. As you can see in the table, neither type of plan is likely to have all of the more desirable features that a plan sponsor might like. For example, the DB plan provides retirement benefit security for the participant, whereas the DC plan’s ultimate retirement benefit is dependent on the employee’s deferral and investment choices. The DC plan presents much less market risk to the employer, but a DC plan doesn’t have the cost-effectiveness of a DB plan when it comes to providing a specific level of benefit. However, the DB plan has higher volatility as a trade-off for that cost-effectiveness. If a sponsor wants to target predictable benefits towards older, longer service employees, a DB plan is more likely to be the choice. Therefore, neither plan type is inherently better than the other; the choice of plan type is highly dependent on the objectives of the plan sponsor.

Eddie Vaughn, FSA, MAAA, EA

Senior Vice President and Retirement Practice Leader McGriff EVaughn@McGriff.com

Transform your employee benefits from an expense to a competitive advantage with McGriff MORE Insights™ Our proprietary approach helps you quantify and achieve optimal plan performance across four key areas of your employee benefits program – Managing Costs, Operational Excellence, Risk Mitigation and the Employee Experience by answering three key questions: • How is your organization doing? • Where should you aim? • What’s the value in getting there? By optimizing benefit plan selection, design, management, and employee engagement, McGriff MORE InsightsTM can help turn your benefits program into a real differentiator that aligns with your organization’s culture and business objectives. Visit www.McGriff.com to learn more.

© 2022 McGriff Insurance Services, Inc. All rights reserved. McGriff Insurance Services, Inc. is a subsidiary of Truist Insurance Holdings.

Whether you have an in-house HR team that’s wrestling with an increased workload, or you own a small business that doesn’t yet have a formal HR function, outsourcing introduces a high degree of flexibility for your organization. Some of the key benefits of outsourcing include: • Improved Scalability – As your business demands evolve, you may need access to HR resources on an episodic basis. Common scenarios include benefits administration support during open enrollment, recruiting and onboarding services during periods of high growth, periodic salary surveys to ensure you’re paying market competitive rates, and other similar scenarios. Such activities might overload your existing team or require expertise you don’t have in-house but bringing on full-time employees to meet these needs would be impractical. Outsourcing provides the support you need “on demand.” • Decreased costs – As with many outsourced functions, leveraging an HRO to support your personnel needs can yield significant cost savings . . . both today and tomorrow. There’s the immediate return of providing valuable services to your business without incurring the time and expense typically associated with recruiting, hiring, training, and managing a new employee. However, there are also longer-term cost improvements that an HRO relationship will bring to the table. Avoiding fines and penalties due to non-compliance, eliminating reputational risk to your brand associated with violating policies, improved employee retention by helping workers to better understand benefits options and the total rewards they’re receiving, and dozens of other examples . . . they all represent long-term impacts of finding and retaining an HRO partner that acts as a true extension of your team.



• Standardized processes – One of the most common HR challenges growing organizations face is driving “people processes” standardization across the business . . . particularly if your workforce is spread across multiple locations. Ensuring different managers are treating employees in a consistent fashion, providing a central resource for all employees – manager and worker alike – can access content that addresses the lion’s share of operational considerations and policies, even delivering access to a standard set of forms and work flows, all help to improve the overall employee experience. Starting this from scratch is timeconsuming and typically involves some level of trial and error but working with an HRO organization can accelerate the entire process. • Reduced risk – For most employers, compliance has become an incredibly challenging issue. This is due largely to the fact that, from an HR perspective, there are multiple layers of regulations and policies to navigate. Take employee absence and leave, for example. There are federal laws impacting all employers operating within the United States, most notably the Family and Medical Leave Act (FMLA). However, there’s also a constellation of state-specific absence and leave policies – 300+ and counting – that offer provisions not covered by FMLA or are more generous than what FMLA provides. Further, there are now some cities that are creating policies for businesses within their borders. This is just one example of the complexities that come into play. HRO organizations, however, are intimately aware of the policies and practices impacting the communities they serve and can help to ensure you’re addressing regulatory issues in a consistent, focused, and respectable fashion. • D iversified skills – Given the turbulent nature of 2020, I think we’re all actively aware of the rapid changes that could impact our business. During the height of the pandemic, for example, HRO Partners began fielding questions about employee engagement, change management, and other similar services. When such circumstances arise, you need access to individuals who are skilled in addressing these issues, have access to additional resources, and can ultimately drive the fastest path to resolution.

About us: At HRO Partners, we’ve been serving the small – and mid-sized business community since our inception and we continue to deliver new products and services, each aimed at enhancing your value to the clients and employees they support. With more than 150 businesses, serving over 50,000 employees, and nearly $300 million in enrollment savings to-date, our experience and our track record is second to none. And now, we deliver access to an always available, constantly updated, online platform designed to provide expert advice “on demand.”

We call it “HRO Now,” but you’ll call it the best investment you’ll make in 2021. Call us today at 866.822.0123 or visit us online at www.hro-partners.com. www.HRProfessionalsMagazine.com


HR: Your Leadership Team Needs You By AMY DUFRANE

The last two years have been brutal. A record 4.5 million workers quit their jobs in November 2021, a record 20-year high. The pandemic shifted nearly 70% of the workforce to remote work. Without fiscal stimulus to stabilize economies and workforces, some employers would not be in business today. Unfilled job openings are near all-time highs, and workers expect maximum flexibility and autonomy. “Work from anywhere” is the new mantra. The pandemic also caused spikes in anxiety and depression, creating an additional burden on already taxed healthcare systems. According to BusinessInsider, nearly 60% of workers feel somewhat burned out. The gender wage gap hasn’t been resolved, and women continue to leave the workforce, putting diversity initiatives further behind. Is your head spinning yet? It should be. Within two brief years, almost everything has changed in the workforce. Tectonic shifts in employee expectations have occurred, creating sizable gaps. Yet another generation of workers – Gen Z – is forging its impression on the workplace with a particular emphasis on all things digital. Leadership teams are responsible for shaping the organization’s short- and long-term strategies, chartered with balancing operational responsibilities with global innovation. Has anyone checked in with them during this formative time? Odds are the answer is no; instead, during the last two years – similar to HR departments - they have been like ping-pong balls, reacting to every new inbound or internal bang, crash or thump. With virtually no time to recover and pursue new purposes, leadership teams are tired, drained and spent. This isn’t just a leadership problem: research by Gartner revealed that 54% of HR leaders say their employees are fatigued as well. A recent survey in Harvard Business Review examined six paradoxical expectations of leaders. In a 2021 survey of 515 businesspeople from around the world, respondents placed high importance on a leaders’ ability to balance demand, such as being a strategic executor, tech-savvy humanist, high-integrity “politician,” humble hero, globally minded localist and traditional innovator. It’s interesting to note that while respondents indicated the importance of each capability with significant enthusiasm, conversely, they gave much lower scores to the actual leadership reality within their respective organizations. Another survey in Training Industry magazine examined the characteristics and skills found to be most desirable in leaders. Communications skills topped the list at 45.2%, followed by interpersonal skills at 44.2% and values and ethics at 41.9%. Further complicating the lofty expectations of what constitutes a top-notch leader is the declining working population across North America, Asia and Europe. Research conducted by the United Nations in 2020 showed Europe losing nearly 100M workers in the next 50 years. The effect of this brain drain depletes leadership teams and fails to fill pipelines. 24


Everything Needs to Change When everything is changing, everything needs to change. We’re not addressing a single-threaded problem here: the world has experienced a profound transformation, and there is no going back to what was previously “normal.” We’ve already witnessed some of these “quick fix” changes with the advent of new roles such as Chief Experience Officer and Director, Remote Employee Experience. But what good are fancy titles if they’re really just windowdressing for the status quo? A recent New York Times article caught my attention with a pithy title that read “We Threw Out Any Plans We Had.” Perhaps no truer words have been written during these times of uncertainty. The article reflected on the disruption we’ve all experienced in the past two years but especially through the lens of the CEO. “We threw out any plans we had, any budget, any road map,” said one CEO, and with those went the sense of rigid confidence that had previously been at the core of his leadership. “It made it easy to say, ‘Let’s not kid ourselves.’ We have no idea when this is going to end.” Shaken to its core, the C-suite is reeling from staffing challenges, empty office buildings, disrupted supply chains and inaccurate forecasts. Is this strictly a leadership problem? It is not. When nothing is working properly, it’s time to determine the depth to which things are broken and fix what can be resolved in short sprints. Attempting to conduct business as usual is a recipe for disaster, as is making long-term plans under the pall of pandemic times. Instead, it’s time to assess leadership capabilities in the context of a workforce in which employees are remote, teams include humans and machines and talent drives decisions. Business still needs to be conducted, albeit differently. Command-and-control constructs will erode employer brands by repelling job candidates

who might bring fresh ways of thinking and doing into the organization. Fundamental shifts in capacity versus capability management mean new tools are needed along with leadership team members comfortable in analyzing the corresponding data. “Performing while transforming” objectives with reward systems that recognize individual performance towards organizational success are warranted.

HR Holds the Keys HR has a particularly unique ability to increase trust and collaboration across the enterprise, reducing that concern for leaders struggling with daily operational challenges. Gartner’s research measures of workforce health features three components that fall under HR’s purview: healthy employees, healthy relationships and healthy work environments. Providing employees – and their managers – with the tools to manage change and opportunities to share feedback builds trust in the organization. By increasing workforce resiliency, HR can “lift all boats” and alleviate friction and pressure on the already stretched leadership team. Lending the same support to the leadership team will garner favorable results. A survey by Verizon Media and the mental health nonprofit Made of Millions sheds new light on the emotional impact the pandemic had on management. Sixty six percent of bosses polled said they suffered from burnout over the past year, while 76% felt overwhelmed managing their people. Most (86%) acknowledged that depression and grief have become more pervasive in the workplace overall, nearly one-third (28%) reported suffering from mental health issues themselves. Supporting a culture where leaders can express vulnerability and pursue the same wellness programs as the employees enables them to lead by example.

None of this will be easy and, in many cases, there isn’t a roadmap available to follow. Hard-driving leaders will probably be replaced by those who are transparent, empathy-driven managers who balance the needs of the organization with those of the employee. There will be new impacts and skills required and a keen focus on scenario planning to ensure business continuity. One thing is for sure: whether they are asking for your help or not, your leadership team needs you.

Amy Schabacker Dufrane, Ed.D., SPHR, CAE, is CEO of HRCI, the world’s premier credentialing and learning organization for the human resources profession. Before joining HRCI, she spent more than 25 years in HR leadership and teaching roles. She is a member of the Economic Club, serves on the Wall Street Journal CEO Council, is a member of the CEO Roundtable, and is on the board for the Columbia Lighthouse for the Blind. Amy holds a doctorate from The George Washington University, an MBA and MA from Marymount University, and a BS from Hood College.

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• Hiring and Retaining Diverse Talent Earn 12 general HR credits towards any of HRCI’s eight credentials, including SPHR® and PHR®. Visit learn.hrci.org and use code HRPro2022 to claim your discount at checkout. HRCI’s learning catalog features 250+ courses and certificates. This offer will expire on February 28, 2022 at 11:59 pm ET and cannot be combined with any other promotions.



U.S. Supreme Court Ruling on Vaccine Mandate for Employers



Thursday, January 13, 2022, the Supreme Court of the United States stayed the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). The Supreme Court remanded the case to the Sixth Circuit Court of Appeals, which will consider the merits and make the ultimate decision as to whether OSHA has exceeded its authority. However, the Supreme Court’s decision left virtually no room for the ETS to survive and employers should look forward to what OSHA may do without the ETS being in effect.

The Supreme Court’s Decision The issue before the Supreme Court was whether the Sixth Circuit Court’s decision to dissolve a stay and allow the ETS to go into effect should be overturned. In a per curiam decision, the Court disagreed with the Sixth Circuit and imposed a stay. The Court began by discussing the unprecedented nature of the ETS. OSHA rarely issued emergency temporary standards, and, when it did, federal courts seldom upheld them. The Court was awed by the breadth of the ETS. While the ETS did contain exemptions, the Court commented that the exemptions were “largely illusory,” such as the one for “exclusively outdoor” work. The “regulation otherwise operates as a blunt instrument,” the Court wrote, and “draws no distinctions based on industry or risk of exposure to COVID-19. Thus, most lifeguards and linemen face the same regulations as do medics and meatpackers.” Because of its broad scope, the Court found that OSHA did not have the authority to promulgate the ETS. The Occupational Safety and Health (OSH) Act “empowers [OSHA] to set workplace safety standards, not broad public health measures.” (Emphasis in original.) Issuing the ETS is not an “everyday exercise of federal power,” the Court wrote, but rather a “significant encroachment into the lives— and health—of a vast number of employees.” The Court found: The Court found that had OSHA been more deliberate and focused about the employers covered by the ETS, it might have survived judicial scrutiny. “Where the virus poses a special danger because of the particular features of an employee’s job or workplace, targeted regulations are plainly permissible,” the Court wrote, noting that OSHA could “regulate researchers who work with the COVID–19 virus” or “regulate risks associated with working in particularly crowded or cramped environments.” However, an occupational safety and health standard that applies to every workplace with 100 or more employees— without regard to the actual conditions in those workplaces—is too broad. “OSHA’s indiscriminate approach fails to account for this crucial distinction—between occupational risk and risk more generally—and accordingly the mandate takes on the character of a general public health measure, rather than an ‘occupational safety or health standard,’” the Court wrote. Citing to a recent decision, the Court wrote it expects Congress to “speak clearly when authorizing an agency to exercise powers of vast 26



economic and political significance.” The ETS undisputedly exercises such power, and the Court held the OSH Act did not plainly authorize the ETS. Because the ETS attempts to address a public health measure, and not set an occupational safety and health standard, the Court found OSHA exceeded its authority under the OSH Act. The Court granted the applicants’ requests for emergency stay and remanded the case to the Sixth Circuit for disposition of the challengers’ petitions for review.

What Happens Now? The Supreme Court remanded the case to the Sixth Circuit Court of Appeals to determine whether OSHA has the authority to promulgate the ETS. As important, the ETS expires six months after issuance—or on May 5, 2022. Depending on the briefing and argument schedule, the Sixth Circuit may not decide before the ETS expires.

What Are OSHA’s Options? Rather than ask what the Sixth Circuit will or won’t do – a better question is what will OSHA do now? OSHA has two likely options to consider. The Supreme Court’s decision staying the ETS did not prohibit vaccine mandates and it left open the possibility for OSHA to take a more narrowly tailored approach. It also left open the possibility for Congress or the States to enact such measures. First, withdraw the ETS and rely upon the General Duty Clause, existing OSHA standards, and OSHA’s current National Emphasis Program (NEP) that recognizes certain high-hazard industries require more stringent measures. The General Duty Clause requires employers to maintain a workplace “free from recognized hazards.” Regarding COVID-19, OSHA must show that an actual COVID-19 hazard exists in the workplace—it is not enough to show that an employee could have had COVID-19 at work and transmitted it to other workers. OSHA must also show that the steps it requires employers to take to mitigate COVID-19—such as testing, masking, and vaccination—are technologically and economically feasible. Second, OSHA could withdraw this ETS and issue a new, targeted ETS (or a regular, non-emergency standard). Either approach would fit within what the Supreme Court said would be a “plainly permissible” approach that identifies workplaces “where the virus poses a special danger because of the particular features of an employee’s job or workplace.” OSHA has not yet indicated which approach it will take. However, the agency accepted comments on the ETS through January 19, 2022. Comments were solicited by OSHA because the agency is considering whether to issue a COVID-19 standard using its non-emergency regulatory authority. Over 120,000 comments were submitted, which is a record number of comments ever submitted for any proposed federal regulation. Further, on January 13, 2022, Secretary of Labor Marty Walsh made it clear that OSHA will continue its enforcement efforts by stating:

Regardless of the ultimate outcome of these proceedings, OSHA will do everything in its existing authority to hold businesses accountable for protecting workers, including under the Covid-19 National Emphasis Program and General Duty Clause.

What Does This Mean for Employers? The Supreme Court decision leaves states free to regulate employers regarding COVID-19. Twenty-two states have their own federally approved OSHA plans. Federal OSHA has no jurisdiction over private employers in those states with approved plans. State OSHA plans may adopt occupational safety and health standards if they are “at least as effective” as federal OSHA standards. Given the stay, OSHA does not currently have a COVID-19 standard in place, leaving state OSHA plans to adopt standards (or decline to do so) that are the same as the ETS or less protective. For example, a state OSHA plan could adopt a standard that requires vaccination or masking but does not include weekly COVID-19 testing. And, a number of state OSHA plans have announced that they are canceling plans to adopt the ETS, or will not enforce what they have already adopted. The ETS also loses its preemptive effect in states without federally approved state OSHA plans. Laws restricting the ability for employers to impose vaccine mandates have been enacted in Florida and other states as well. If it were in effect, the ETS would preempt these state laws because they frustrate the overall regulatory scheme OSHA tried to impose by foreclosing employers from adopting one option in the ETS—vaccine mandates. Without the ETS, Florida and other states may regulate or legislate regarding COVID-19 as they see fit. Employers should continue to monitor State and local government regulations as

they too consider what to do after the demise of the ETS. Employers should also review the NEP to determine whether they are in a highhazard industry that OSHA will target for COVID-19 inspections. Ultimately, employers who do something rather than nothing will do the best in avoiding liability under the OSH Act. Finally, it is worth noting that while the Supreme Court stayed the ETS, it did not similarly block the Centers for Medicare & Medicaid Services (CMS) rule. On January 13, 2021, the Supreme Court stayed the injunctions against the healthcare interim final rule, which allows the CMS to now enforce its vaccine mandate nationwide. Executive Order 14042, which applies to certain federal contractors, remains stayed pending the outcome of multiple legal challenges, and is not presently on the docket for review by the Supreme Court. Phillip Russell and Dee Anna Hays are shareholders in the Workplace Safety & Health Practice Group at Ogletree Deakins, a global labor and employment law firm representing management.

Dee Anna D. Hays, Shareholder Ogletree Deakins Tampa deeanna.hays@ogletree.com www.ogletree.com

Phillip Russell, Shareholder Ogletree Deakins Tampa phillip.russell@ogletree.com www.ogletree.com

First Generation

Clayton State University SHRM Student Chapter Students with Advisors - Taking HR to Another Level

(L-R) Velska Bankston, Dr. Kimberly Johnson, Dr. Larry Menter, and Rachel Gaines



Cause the Effect You Want in Your Organization Apply What You Learn in SHRM Education Programs to Improve Your Workplace By JEANNE L. MORRIS and NANCY A. WOOLEVER, SHRM-SCP

As an HR professional, your actions—big and small—ripple outward, far beyond the moment. HR has the power to empower others, change lives, drive productivity and value for our companies, improve society, and perhaps have an impact on people we may never even meet. Each day at SHRM, we lead by example and work to cause better workplaces by sharing knowledge, expertise, and tools and by helping our customers succeed in disruptive times. Through our work, we positively impact the lives of over 115 million workers and their families around the globe. SHRM offers two valuable pathways that allow HR professionals to develop and ultimately influence a better workplace. One avenue is developing through SHRM’s broad educational offerings available, particularly through its Specialty Credential programs. The second occurs by earning and maintaining either the SHRM-CP or the SHRM-SCP certification. And, combining these two options exponentially increases your opportunities to develop, grow, contribute and cause the effect through positive change in your workplace. Let’s explore each option. Development Pathway #1: SHRM’s Specialty Credential Programs To continuously elevate the workplace and people in the workplace, SHRM presents a professional development curriculum that extends across all career levels and provides a learning journey that allows professionals to build their credibility and enhance their growth and development in alignment with to their individual goals. It is critical that SHRM provides broad and vast learning experiences with myriad program deliveries to help HR professionals and people managers accomplish two things: improve their workplace by leveraging what they learned in professional development programs and stand out by differentiating themselves in a competitive market. The SHRM Specialty Credential program also serves two purposes. It is a way for professionals who might not yet qualify for the SHRM Certification exams to upskill, build their credibility and focus on a specific area of expertise. These programs are designed so professionals have access to a flexible and agile learning experience. They attract both those who might not be ready for the commitment and rigor of preparing for SHRM Certification and SHRM-Certified professionals who want to advance their education to earn professional development credits toward recertification. SHRM’s Specialty Credentials (SC) target a specific competency or function and dive deep. They address different professional development and job support needs. In fact, we’ve learned that folks use the SC learning experience as a great way to build their muscle and confidence for taking the next step toward the exam. Those who are already certified leverage the learning outcomes of the programs to complete a project using what they learned in the program to improve their workplace. The programs also make it possible for SHRM to reach specific areas of the profession and address their development needs. An example of this is meeting the professional development needs of Talent Acquisition/Recruiting professionals who may not know that SHRM provides the tools and resources to help them excel and build credibility in this focused area of study. As a program participant recently attested: 28


“As a new member to the HR world, I don’t yet have the experience to take the SHRM-CP exam. The SHRM Talent Acquisition Specialty Credential was a wonderful opportunity for me show my employer that I am passionate and committed to continuing my education as a talent acquisition professional.” —Jen Ellms Talent Acquisition Specialist The California Law HR Specialty Credential is another example of how SHRM provides value and credibility for a very specific area of study. "California employment laws are among some of the most complex in the world. A strategic career investment in the SHRM California Law HR Specialty Credential program provides the California professional expertise that distinguishes them from others in the field, and adds exceptional value to California business" —Michael Letizia, SHRM-SCP, president of Letizia HR Solutions, Inc. Other SHRM Specialty Credentials address needs of unique groups of HR professionals and focus on specific HR functional areas that align with the SHRM Body of Applied Skills and Knowledge—the framework for the SHRM Certification exams. Examples include HR Department of One Specialty Credential, the Inclusive Workplace Culture Specialty Credential, the People Analytics Specialty Credential, the Total Rewards Specialty Credential, the U.S. Employment Immigration Specialty Credential, and the Workplace Investigations Specialty Credential. Each of these unique programs focuses learning and learning outcomes to support the specific interests of HR professionals in these targeted content areas. Completing a program earns each HR professional not only the specialty credential, but also a substantial amount of PDCs toward recertification of a SHRM-CP or SHRM-SCP in the Advance Your Education recertification credit category. More information is presented below that shows you how to apply what you learned in each program to also earn PDCs in the Advance Your Organization category, by applying what you learn to complete workplace projects Earning a SHRM Specialty Credential is an investment in your continued career development and can be accomplished by engaging in content-specific, competency-based education and achieving a successful score on an online assessment. While there is no “recertification” component, learners can re-earn the credential every three years. Development Pathway #2: Earn Your SHRM-CP or SHRM-SCP Today What better way to cause a positive effect in your organization than becoming SHRM-certified? Our latest research study revealed interesting data about why HR professionals are motivated to earn SHRM certification, but it also revealed feedback from executives about becoming SHRM-certified. Consider this evidence as you consider whether now is the time for you to move achieving a SHRM-CP or a SHRM-SCP from your to do list to your today list.

• 92% of executives agree that it will be important for an HR professional to hold a SHRM Certification in the future

Any educational program that covers topic areas addressed in the SHRM Body of Applied Skills and Knowledge ‘counts’ toward the Advance Your Education credit component of • 81% of HR professionals agree that holding a SHRM Certification recertification. Specialty Credentials are one of many SHRM increases the likelihood of getting a job in the field of HR and 71% agree programs approved professional development activity for that holding a SHRM Certification increases the likelihood of obtaining recertification credits—known as Professional Development a promotion in the field of HR. Credits or PDCs—that can be accumulated to maintain a • 81% of HR professionals agree that holding a SHRM Certification increases theSHRM-CP® likelihood ofor SHRM-SCP® certification. In fact, SHRM • 82% agree that SHRM certification adds to the overall credibility of getting a job in the field of HR and 71% agree that holding a SHRM Certificationrecords increases the you earn for any SHRM program (specialty the PDCs your HR department likelihood of obtaining a promotion in the field of HR. credentials, seminars, conference events and membership) • 82% • agree that aSHRM certification to the overall credibilityhigher of your HR department directly in your recertification record—so you don’t have to Holding SHRM Certificationadds means a higher salary—15% • Holdingsalaries a SHRM Certification means a higher salary—15% for those who earn the wants you to remove as many barriers as do it yourself. SHRM for those who earn the SHRM-CP compared to thosehigher who dosalaries not SHRM-CP to those do not pass the for SHRM-CP exam, and 14% higher salaries possible to helpfor you maintain your credential. And, if you earn passcompared the SHRM-CP exam, who and 14% higher salaries those who earn the those who earn thecompared SHRM-SCP compared to those who do not pass the SHRM-SCP more exam. than the 60 credits required in your three-year recertifiSHRM-SCP to those who do not pass the SHRM-SCP exam. cation period, SHRM carries forward up to 20 credits to your SHRM Certified Professional SHRM Senior Certified (SHRM-SCP) he SHRM The Certified Professional (SHRM-CP)(SHRM-CP) and SHRM and Senior Certified Professional are thecycle. next recertification Professional (SHRM-SCP) are the most comprehensive competency-based most comprehensive competency-based certifications for HR professionals. certifiBased upon a core set of cations HR professionals. BasedBody uponofa core set ofSkills competency and knowledge, ompetency and for knowledge, the SHRM Applied and Knowledge™ (SHRMConsider BASK™),this the example. You earn your SHRM certification, the SHRM Body of Applied Skills and Knowledge™ (SHRM BASK™), the you are outcomes a SHRM member, you take Inclusive Workplace HRM-CP and the SHRM-SCP provide certificants with a roadmap for achieving vital personal and the certificants a roadmap for as achieving Culture Specialty Credential and use what you learned to eading to SHRM-CP successes such asSHRM-SCP leadership provide opportunities andwith career growth, well as organizational vital personal outcomes leading to successes such as leadership opportunities and effectiveness complete a and project at work that’s been on your wish-list for a uccesses that could include increased staff engagement, improvement of overall career growth, as well as organizational successes that could include increased staff while. It takes you about six months, and at least 120 hours perational efficiency. engagement, improvement of overall effectiveness and operational e¬fficiency. of work across those six months to complete the project. At HRM certification exams offer you the opportunity to demonstrate your knowledge and proficiency the end, you have a new program in place that aligns the new SHRM certification exams offer you the opportunity to demonstrate your cross all competencies of the HR profession and establish yourself as a globally recognized HR expert HR initiative withbythe corporate strategy, fills a previously knowledge andorproficiency all competencies of the HR profession and arning your SHRM-CP SHRM-SCPacross certification. SHRM research shows SHRM-certified individuals unmet need, andadd provides you an opportunity to measure and establish yourself as abecause globally recognized HR expert earning yourSHRM SHRM-CP alue to their organizations the credentials areby built on the BASK,orthe global analyzestandard workplacefor improvements. Within a year of launching SHRM-SCP SHRM research showstoSHRM-certified individuals R certification. SHRMcertification. has a tried-and-true process help you get started on add earningthe your SHRM-CP program, youorsee stronger employee engagement, your to their because credentials built and on the SHRM BASK, HRM-SCP,value prepare to organizations take the exam, takethe and pass theareexam then maintain. commitment to building and caring for an inclusive workforce the global standard for HR certification. SHRM has a tried-and-true process to is evident not only in your “numbers” but in a better and help you get started on earning your SHRM-CP or SHRM-SCP, prepare to take stronger culture—and by the end of this process (that has the exam, take and pass the exam and then maintain. The Five S’s to Achieving and Maintaining SHRM Certification taken two years to accomplish) you have earned six SHRM membership PDCs in the Advance Your Profession category, The Five S’s to Achieving and Maintaining SHRM Certification 22 PDCs in the Advance Your Education category and 30 Step 1: Sign-up: Apply for the SHRM-CP or the SHRM-SCP Exam PDCs in the Advance Your Organization category. That’s 60 PDCs across a two-year period. You can recertify early—or Step 2: Schedule your exam next you can continue to earn additional PDCs over the next year, recertify before your recertification period end-date, and Step 3: Study for your exam by exploring all your learning options SHRM will carry forward up to 20 PDCs to your next recertification cycle. Step 4: Sit for your exam--commit to your appointment date and prepare for test day Step 5: Sustain your credential after earning it.

evelopment Pathway #3: Combine the Steps #1 and #2

Development Pathway #3: Combine the Steps #1 and #2

Add to this the fact that SHRM provides samples of work projects to complete based on what you learned in the Inclusive Workplace Culture Specialty Credential. Working with subject matter experts in each of the content areas for the other SHRM Specialty Credentials, SHRM will be expanding this recertification program in 2022 to provide sample projects to complete based on learning outcomes from each program.

arn SHRMEarn Certification. Earn Specialty to maintain certification. Leverage learning SHRM Certification. Earn Credentials Specialty Credentials to maintain certification. utcomes to create a better workplace for a better world. Cause the effect you want to see in your workplace through Leverage learning outcomes to create a better workplace for a better world.

SHRM Specialty he five S’s Pathway to SHRM Certification shown above starts with signing up—but the final step is Credentials and SHRM Certification. Be The five S’s Pathway to SHRM Certification shown above starts with signing up— sure to leverage where continued development and education comes into the equation. The Sustain component is all your professional development opportubut the final step is where continued development and education comes into the nities intersect with SHRM—your HR career partner. And, check out where continued education through programs like the SHRM Specialty Credential offerings equation. The Sustain component is where continued education through programs our specific microsite targeted to making impactful change in with your continued professional development—and provide an opportunity for you to cause more like the SHRM Specialty Credential offerings intersect with your continued profesyour workplace ositive change in your organization. How? Leverage and apply what you learn in a SHRM Specialtyby causing the effect you want to see. Create a sional development—and provide an opportunity for you to cause more positive change in your organization. How? Leverage and apply what you learn in a SHRM Specialty Credential program then plan and complete a related work project—and, in the process, earn additional PDCs in the Advance Your Organization recertification credit category.

better workplace and a better world today.

-- Jeanne L. Morris is vice president, education and Nancy A. Woolever, SHRM-SCP is vice president, certification at SHRM. www.HRProfessionalsMagazine.com




Let’s Talk HR with Dr. Deneen Launching February 18, 2022 Have you ever thought about the idea of HR TV? Well, it’s here! Dr. Deneen Lester has launched HR TV featuring the talk show, Let’s Talk HR with Dr. Deneen, slated to launch on February 18, 2022. With a career spanning over 30 years in the Human Resources, Dr. Lester is the first African American female elected as President of the SHRM-Memphis Chapter, and currently serves as the West Tennessee District Director of the SHRM Tennessee State Council. Dr. Lester continues advancing the profession through technology, social media, and television outlets.

Human Resources is not just a profession, it’s Deneen’s passion! Dr. Lester says she navigates her career and leadership roles with integrity and what she calls “principled influence”. Principled Influence is being intentional about managing relationships with the purpose of building trust and operating in honesty and truth. Dr. Lester exercises “principled influence” in the way she treats others, in the words she speaks, and in the action she takes, even in difficult situations. “Much like trust, influence is not bought, it is earned,” says Dr. Lester. She feels this is an important principle to have as a HR professional and especially for organizational leaders. Employees do not typically follow leaders they cannot trust. Lack of trust can polarize the manager/ employee relationship and can impair workplace morale. When teaching emerging leaders, Dr. Lester instructs that you don’t have to hold a company “title” to have influence in the workplace. Professionals can use their influence at any level to create positive outcomes and build better work cultures and teams. Dr. Lester plans to discuss these topics on the talk show to bring awareness and help professionals strengthen their social and emotional intelligence. 30


Dr. Lester often says HR is worth talking about! She believes there is not one day in any given organization where HR-related topics are not discussed or considered in business decisions. Dr. Lester says she has seen HR transition from “desiring” to be at the decisionmaking table in organizations to “being” at the table, to now, “we are the table”. HR is an undeniable force at the organizational business table. The talk show, Let’s Talk HR with Dr. Deneen, will demonstrate the importance of HR in the workplace and how vital the voice of HR is to successful organizations. In its fun, upbeat and informative episodes, the show will assist HR professionals and organizations stay abreast of the most relevant and compliance- based information important to the workplace today.

HR TV’s talk show, Let’s Talk HR with Dr. Deneen, promises to discuss and tackle challenging subjects facing HR today, such as the “Great Resignation”. Dr. Lester believes the “Great Resignation” dilemma will have to be solved one organization at a time. She states, “as we are experiencing top talent wanting incentives to come to our organizations,” we must also provide those incentives for them to stay. Dr. Lester’s research found there is a correlation between career pathing and employee satisfaction. Career pathing is not about focusing on filling jobs once they become vacant. Rather, career pathing is about organizations proactively providing clearly defined career paths for existing employees to advance as a means of promoting employee satisfaction and fostering employee retention. While there may be many workplace factors that have direct and indirect influences on the employee’s job satisfaction and retention, the absence of a clearly defined career path is one of the major reasons top performers leave an organization. Career pathing activities appear to be a major workplace factor as it relates to employee satisfaction and retention of top performers. Dr. Lester’s research involving municipalities, found there was a lack of operational strategies that include career paths and succession plans for all its employees. As a direct result of the lack of career pathing opportunities, over 33% of municipal employees often consider leaving their current jobs for better opportunities elsewhere. Building and establishing career pathing and development programs to foster employee sustainability is significant. An employee’s impression of reality influences performance more so than

organization policy. While early studies exploring employee attitudes focused on attitudinal factors such as organizational loyalty and job satisfaction, more current researchers have guided attention toward employee perception of organizational context. An employee’s perception or attitudes leads to organizational commitment. The future of organizations still heavily relies on the strengths of their employees. Providing career pathing opportunities is the hallmark of a healthy organization and one that demonstrates the value of career advancement on behalf of its employees. As a result of her research findings, Dr. Lester encourages organizations to implement more career pathing programs to attract potential candidates for employment and retain top talent. Traditional career pathing activities are often a component of career ladder programs, annual performance appraisals, or additional education, training or work assignments that have been designed to align with the employee’s advancement interests. However, Dr. Lester has very specific career pathing strategies organizations can adopt to foster a career pathing environment and to increase employee retention. Dr. Lester consults with groups and organizations about this topic. Stay tuned for Let’s Talk HR with Dr. Deneen to learn more regarding career pathing solutions.

What’s most exciting and unique about the talk show is its format of highlighting the people “behind” the profession. The show will shine the spotlight on HR professionals and their journey in Human Resources. Dr. Lester will interview HR executives, professionals, emerging leaders, vendors, and others.

Let’s Talk HR with Dr. Deneen You Tube Channel will debut on February 18, 2022 and will expand to other venues in the days ahead. Stay Tuned! In essence, the purpose of the talk show is to discuss trending topics, highlight the “people” behind successful HR, and advance the profession through increasing awareness and frank discussions. Look for more in the days ahead from HR TV. Dr. Lester wants to “Talk HR” with you!

If you are interested in being a guest on the talk show, contact Dr. Deneen Lester at deneenlester@gmail.com.

THE GOLD STANDARD FOR PROFESSIONAL DEVELOPMENT As the world of work evolves before our eyes, we must continue to provide our workforces the tools, technology and infrastructure to do their very best work. Reskill to rethink your strategies with an upcoming SHRM Educational offering.





15 Topic Areas, 100+ Offerings. Find Your Seminar Today! https://shrm.co/Seminars



MEASURING SUCCESS: How to Evaluate the Value of an ODP Program



avigating the world of work these days is nothing short of a heroic effort for those trying to find that magic bullet to increase attraction and reduce bad attrition while not adding more weight to the shoulders of an already overburdened HR team. As much as we would like to coast and let things

GENERATING RESULTS To maximize program benefits, it’s important to select the right on-demand pay vendor for your company. Given the nascency of the market, there are a plethora of models out there that have many overlapping marketing tactics. Critical components of an ODP program are: • Seamless, well-supported rollout • Responsive and timely support • Configurable program controls

play out as they are, we all know that will not yield the

• Robust and easy to access and utilize marketing and communication tools

results we need. I believe an often misunderstood benefit

• Financial education tools for employees

that is truly game changing is On-Demand Pay.

• Meaningful data to tell the story to the C-Suite

In an effort to help others understand the path to implementing On-Demand Pay (ODP), I have broken down

• Measurable Employer and Employee business impacts Many of the above criteria can be measured in a 30/60/90 day postimplementation rubric:

elements by timeline to provide clarity and understanding of this truly outstanding option. On-Demand pay programs have become a necessity for hiring and retaining employees for retailers. Measuring the most successful program will come down to how to quantify the value of the benefit for both the employees (user experience) and employers (business impact and results). 32


30 Days One month in, the benefit should be fully integrated into the employer system. This can be accomplished in two ways; Full Net Pay Model [one-time integration] or Deduction Model [one-time integration with ongoing deduction file processing every pay period]. Both can work well, it’s important to know your pay structures and what will work for your organization. The program should also be listed as an employee benefit in the benefits directory with an early adoption rate of 20%. Early adoption is vital in reducing employee reliance on predatory payday loans and

deceptive D2C cash advance apps and increases employee engagement as watching your pay balance increase day after day almost “gamifies” the entire process and I have seen employees picking up extra shifts simply because they can immediately see and access their earnings. Some other key metrics include a noticeable reduction in turnover and faster recruitment. At this point, employees should have instant access on day 1 to 100% of earnings and see an uptick in engagement with company-offered financial wellness offerings.

In evaluating the vendor, you must consider 3 important criteria regarding project performance: • Vendor support portal handles 100% of inquiries • Communications materials are custom and directly targeted • No payroll lift or burden post-implementation

CONCLUSION 60 Days At about 2 months in, the benefit should be fully integrated with annual benefits elections / open enrollment and fully launched to the entire population. By now, program operations should not require any additional payroll involvement. One should see an adoption rate at about 30% and a steady decrease in turnover with a continued increase in speedier recruitment.

With a bevy of new players in the on-demand pay space, it’s important for HR professionals to have tangible metrics to evaluate whether you have chosen the right vendor. The right vendor has a profound impact on the financial wellness of your employees and a huge positive impact on the HR/Payroll teams as this benefit provides a win-win-win. The HR/Payroll teams get to be the hero of the story, employees have better access to and more control over their financial health and the organization has improved attraction and retention results. Recent data from the Aite-Novarica Group shows that a daily pay option can eliminate the need for payday loans or paying overdraft fees. And these days, anything we can do to drive employee retention is a must.

90 Days At the 3-month mark, the employer should see turnover rates drop in half among those who leverage the benefit, with recruitment speed to increase by 50%.

Barbie Winterbottom CEO The Business of HR

Pay Same Day, Workers Stay See up to 72% improvement in turnover rate.

Learn more at: www.dailypay.com



Monday, May 2 Monday, May 2 2:00pm-6:00pm CT Registration Open 2:00pm-6:00pm CT Registration Open 6:00pm-7:00pm CT Welcome Social 6:00pm-7:00pm CT Welcome Social Tuesday, May 3 Tuesday, May 3 6:30am-5:00pm CT Registration Open 6:30am-5:00pm CT Registration Open 7:00am-8:00am CT Breakfast 7:00am-8:00am CT Breakfast 8:00am-9:00am CT Opening Keynote 8:00am-9:00am CT Opening Keynote 9:30am-11:45am CT Concurrent Sessions 9:30am-11:45am CT Concurrent Sessions 11:45am-12:45pm CT Lunch & Fireside Chats 11:45am-12:45pm CT Lunch & Fireside Chats 1:15pm-3:30pm CT Concurrent Sessions 1:15pm-3:30pm CT Concurrent Sessions 4:00pm-5:00pm CT Afternoon Keynote 4:00pm-5:00pm CT Afternoon Keynote 5:00pm-6:00pm CT Networking Reception 5:00pm-6:00pm CT Networking Reception After Hours After Hours

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Wednesday, May 4 Wednesday, May 4 6:30am-5:00pm CT Registration Open 6:30am-5:00pm CT Registration Open 6:30am-7:30am CT Morning Active Session 6:30am-7:30am CT Morning Active Session 7:30am-8:00am CT Breakfast 7:30am-8:00am CT Breakfast 8:00am-10:15am CT Concurrent Sessions 8:00am-10:15am CT Concurrent Sessions 10:45am-12:00pm CT Closing Keynote & Giveaways 10:45am-12:00pm CT Closing Keynote & Giveaways Conference Session Tracks Conference Session Tracks Legislative/Legal Update Legislative/Legal Update Total Rewards Total Rewards Communication Communication Leadership & Strategy Leadership & Strategy Diversity, Equity, and Inclusion Diversity, Equity, and Inclusion Fireside Chat Fireside Chat Talent Acquisition & Retention Talent Acquisition & Retention

Alabama SHRM Conference & Exposition | conference.alshrm.org Alabama SHRM Conference & Exposition | conference.alshrm.org


Affordable Online SHRM-CP® | SHRM-SCP® Certification Exam Prep Class Online classes begin April 11, 2022 and will meet twice per week for 12 weeks on Monday and Wednesday evenings from 6:00 PM to 7:00 PM.

SHRM Learning System® Participant Materials

The total cost of the SHRM-CP® | SHRM-SCP® Online Certification Exam Prep Class is $995 (plus $25.00 shipping)

You may pay by PayPal, credit card or check.

2022 Spring Exam Window May 1 – July 15 For more information visit shrmcertification.org

Guarantee If you do not pass, you can retake the class at no additional charge if you meet these two requirements: – Attend 80% of the scheduled online classes – Score 80% on all practice quizzes

Deadline to register is April 4, 2022 Contact cynthia@hrprosmagazine.com OR visit our website at www.hrprofessionalsmagazine.com

About the instructor: Cynthia Y. Thompson is Principal and Founder of The Thompson HR Firm, LLC, a human resources consulting company in Memphis, TN. She is a senior human resources executive with more than twenty years of human resources experience concentrated in publicly traded companies. She is also the Publisher | Editor of HR Professionals Magazine, an HR trade publication distributed to HR professionals in Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina and Tennesse. The mission of the publication is to inform and educate HR professionals. Cynthia has an MBA and is certified as a Senior Professional in Human Resources by SHRM and HRCI. Cynthia is a faculty member at Christian Brothers University in Memphis teaching Human Resource Management. Cynthia also teaches online HR Certification Exam Prep Courses for HRCI and SHRM. She is a sought-after speaker on HR Strategic Leadership. www.HRProfessionalsMagazine.com





4 1 Judy Bell, Judy Bell Consulting, was the keynote luncheon speaker for the SHRM-Memphis membership meeting on January 20 at the University of Memphis. Her topic was, “Succession Planning for the New Workplace, Innovative, Ethical, and Results-Driven. 2 Kim Hodges, Office Managing Shareholder for Ogletree Deakins’ Memphis, provided legal tips on succession planning. 3 Dr. Kathy Tuberville, VP of Programs for SHRMMemphis, introduced Judy Bell, speaker. 4 SHRM-Memphis Past Presidents attending were (L-R) Cynthia Thompson (2006), Judy Bell (2002), Dr. Deneen Lester (2010), Verlinda Henning (2018-2019), and 2022 President, David Dufour. Diane Heyman (1999) attended the meeting virtually.



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