HR Professionals Magazine

Page 1

Volume 12 : Issue 4


Update on


Contract Labor

2022 Employee


Talent Management 4th Installment from Johnny C. Taylor, Jr.’s New Book,



Kimlinger, The Leadership Gap


Director of Colorado SHRM State Council

Steps for Creating a DE&I Strategy

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. BIRMINGHAM OFFICE


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say leadership is completely out of touch with employees.

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 Richard Arnholt J. Austin Baker Amy Dufrane Ashley W. Dugger Doug Elms Brad Federman Stewart Gott Susan Hanold Dee Anna D. Hays Dennis Hackemeyer Kisha Moliere Johnny C. Taylor, Jr.

Contact HR Professionals Magazine: 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 We do not accept unsolicited manuscripts or articles. All manuscripts and photos must be submitted by email to Editorial content does not necessarily reflect the opinions of the publisher, nor can the publisher be held responsible for errors. 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.

5 Profile: Dani Kimlinger, PhD, SHRM-SCP, MHA, SPHR 10 4th Installment of RESET by Johnny C. Taylor, Jr. 26 Highlights of Book Signing for Cultivating Culture by Brad Federman

Talent Management and Recruiting 6 Leveraging Humor to Strengthen Workplace Relationships 12 How to Select the Right HRO Partner 14 Troublesome Terminations 16 The Leadership Gap 18 Steps for Creating a Diversity, Equity, and Inclusion Strategy 20 The “T” in Team Stands for Trust 24 Taking a Pass? How to Handle Candidates You Don’t Hire

Top Educational TheENFORCERS: Programs forPriorities of the U.S. Department of La HR Professionals By Ta MMy D. M CCUTCHen

8 SHRM Gold Standard for Professionals Development 21 Save 20% on HRCI Certificate in Diversity and Inclusion in HR Management 35 Affordable Online SHRM Certification Exam Prep Class Begins April 11 41 SHRM PMQ People Manager Training 44 WGU – Online. Nonprofit. Surprisingly Affordable.

Industry News 7 2022 Alabama SHRM State Conference & Expo in Birmingham May 2-4 9 WT SHRM 12th Annual HR & Employment Law Spring Conference in Jackson 11 2022 SHRM Talent Conference & Expo in Denver April 10-12

30 HR Leaders Best Suited to Lead the Safe Return to the Office

27 2022 SHRM Annual Conference & Expo in New Orleans June

43 Your Trusted Resource for Innovative Screening Solutions

28 25th Annual Mississippi Human Resource Conference & Expo in Biloxi May 2-4

Employee Benefits 22 Look Before You Leap: Payroll-Ben Admin Tech API Considerations 23 Transform Your Employee Benefits to a Competitive Advantage

29 Can’t Join Us in New Orleans? 32 SHRM-Memphis Legal Conference April 19 38 2022 TN SHRM HR Business Leadership & Strategy Conference in Nashville April 28-29

25 Power is Having a Choice

39 ARSHRM ELLA Conference in Little Rock April 13-14

Employment Law

40 2022 TN SHRM Conference & Expo in Sevierville September 14-16

33 Wimberly Lawson Labor & Employment Law Update Webinar April 28 34 2022 Employee Handbooks 36 Government Contracts Labor & Employment Developments Part 1

May Issue features Updates on New Employment Legislation and Employee Benefits And the Latest on HR Management and the Pandemic Deadline to reserve space April 15


a note from the editor

is always an exciting month because of the exciting SHRM spring conferences and events happening. We are especially excited about “live” conferences following the pandemic years of virtual conferences. We are looking forward to covering the SHRM-Memphis Legal Conference on April 19 and the TN SHRM HR Business Leadership & Strategy Conference. We hope to see you in Denver for the 2022 SHRM Talent Conference April 10-12. Stay tuned for Facebook “live” interviews from these conferences! Follow us on Facebook/ to receive notification of these live interviews. We will also have full coverage of in our May issue. It is an honor to feature Dani Kimlinger, PhD, MHA, SHRM-SCP, SPHR on our April cover. Dani is Director of the Colorado SHRM State Council, which is the host of the 2022 SHRM Talent Conference this year. I know you will enjoy reading about her exciting career and journey to CEO of MINES and Associates, a business psychology firm headquartered in Littleton, Colorado. She has been very active in SHRM since she became involved in the Colorado SHRM community. Our focus this month is talent management and recruiting. We have some fantastic articles on hiring for diversity, inclusion, and equity; the leadership gap, building trust among your teams, just to name a few. There are also excellent articles on payroll-ben admin tech, how to handle candidates you do not hire, HR leaders who are best suited to lead a safe return to the office - plus changes in government contracts, and updates to the employee handbooks for 2022. We also have details about many of the SHRM State Conference coming up! Be sure to read the 4th installment of Johnny C. Taylor’s new book, RESET! We are loving our Thursday webinars with HRCI and SHRM credits! We hope you are enjoying them as well. In April we have four webinars all with exciting hot topics for HR professionals. You will have the opportunity to earn 10 recertification credits in April. My April complimentary webinar sponsored by Data Facts will be April 28 at 2 PM CDT. Watch your email for the topic. Mark your calendar and join us! You will earn 1 SHRM PDC and 1.00 HRCI Business credit. If you are not currently receiving an email invitation, please subscribe to our digital subscription on our website. @cythomps on Twitter


Dani on the cover


Dani Kimlinger, PhD, MHA, SHRM-SCP, SPHR Director of Colorado SHRM State Council People are Dani Kimlinger’s passion and her career as well as volunteer work reflects it. SHRM has been part of Dani’s journey since the early years of her career. She started volunteering at the local Denver chapter, which is now known as Mile High SHRM in her early twenties, engaging in volunteer work at conferences and events. In 2012, a mentor of hers was on the Colorado SHRM State Council and serving as the Conference Chair for the upcoming conference to take place in Keystone, Colorado. She offered Dani an opportunity the role of exhibitor lead. The state conference gave Dani a flavor of the Colorado SHRM community. The year following the conference, Dani was actively engaged in her doctorate program and was appointed as College Relations Director on the Colorado SHRM State Council. Working with the college students across the state was fulfilling and impactful for her. She held the role for five years and enjoyed the opportunities to help the universities put on state-wide conferences, build relationships with out-of-state universities, and assist in preparing students for state competitions. Following her term as College Relations Director, she moved into the Treasurer/ Secretary role and then was elected as the State Council Director and moved into the Director Elect Role in 2020 and is the 2022 State Council Director. Dani graduated from the University of Colorado Denver with a bachelor’s degree in psychology and sociology, she then completed her Master of Health

Administration from Webster University and received her Ph.D. from The Chicago School of Professional Psychology from the School of Business Psychology in Organizational Leadership. Dani started in HR while she was pursuing her master’s degree. Her position was being eliminated and she was offered an opportunity to explore two roles, one being in HR to serve in an assistant role, without knowledge of what HR was, she chose that role. Within a few months, her supervisor was promoted, and she became an HR Department of one and began applying what she was learning in her graduate program to the company. After her first year of moving into HR, she determined that an HR certification was essential and enrolled in a study program through Colorado State University. She now holds both a SHRM-SCP and an SPHR. Currently, Dani serves as the Chief Executive Officer at MINES and Associates which is a business psychology firm headquartered in Littleton, Colorado. MINES provides award winning employee assistance programs, managed behavioral healthcare, behavioral health PPO, organizational mental health clinic services, and organizational psychology services in all 50 states as well as internationally. Dani and her dedicated team are invested in the interface between organizational psychology and behavioral health and well-being. In 2021, Dani was named a Titan 100 CEO, which is a program that recognizes Colorado’s top 100 CEOs and C-level executives.

“I believe with my whole heart that the people make the organization. As the CEO of MINES, I see every day how our team impacts each person who interacts with our organization whether they are a client, a partner, or even someone trying to solicit business. Our people also make a difference for and to each other. I am deeply grateful for my team, they are the reason that we change lives, they are the reason we are growing, and they are the reason that I love coming to work each day! Through my organizational psychology consulting over the years, I have also seen how people can break down a culture and an organization’s initiatives. HR impacts all of this, HR is the heartbeat of the organization.” Being involved in the community is essential for Dani. In addition to COSHRM, Dani serves as the President of the Board of Directors for the Self-Insured Educational Foundation. She also serves on other non-profit boards such as The Lockwood Foundation, The American Obesity Association, and the United Labor Agency of Nevada. She serves on the National Behavioral Consortium’s Task force and is also part of a movement called the Colorado Inclusive Economy which is a statewide movement led by CEOs and leaders with intent and design to make Colorado the most inclusive economy in the nation. Most recently, she was appointed to serve on the Interagency Advisory Committee on Apprenticeship for the State Apprenticeship Agency as a representative of an employee organization, Colorado SHRM.





Integrating humor, even in small ways, can have positive implications on organizational culture, employee morale and engagement, and stress reduction. All of this can add up to even greater long-term benefits, such as increased retention and productivity. In the 2021 bestselling book Humor, Seriously: Why Humor is a Secret Weapon in Business and Life, authors Jennifer Aaker and Naomi Bagdonas discuss how using humor at work can actually strengthen workplace relationships and have a ripple effect. Their research showed that people who use humor at work are seen by their coworkers as trustworthy, confident, stronger leaders. They also found that humor played a role in collective resiliency when (inevitably) there are stressful and challenging times at work. When we take the time to find the humor in our day-to-day work situations, especially in a field that can be incredibly challenging emotionally, it doesn’t mean we give up our credibility as HR professionals. Of course, humor will not always be appropriate in every situation, and this is where individual judgement comes in. Haven’t previously considered a career in standup comedy? Not to worry, you won’t need to take it that far to leverage humor at work for positive impacts! Starting small can have a considerable effect on your workplace relationships and organizational culture. Humor should never be at someone else’s expense. It should go without saying that humor that could be considered discriminatory, harassing, or offensive should never be utilized. If you feel your humor attempt could fall into the grey area of being acceptable, it is probably best to waive your humor rights on that effort and move on to something else! However, sometimes the fear of having our humor “fail” can prevent us from starting to practice using humor at work at all. Yes, you have to practice – like any muscle, you have to exercise your humor muscles to strengthen them! Aaker and Bagdonas note in Humor, Seriously that humor fails are inevitable. But the authors also note in the book that we cannot get caught in the “shame spiral” when we experience humor fails (or any other mistakes we make at work), and we have to allow ourselves the grace to move forward. So how do you start using humor? Well, you don’t have to tell jokes in front of a group of coworkers. Simply trying to smile more during interactions with colleagues, laughing at others’ jokes, or adding a funny line to your professional bio or out of office message can go a long way in starting to build stronger rapport with your coworkers, and pave the way for them to feel more comfortable interacting with you during difficult times. Perhaps you tell a funny story that happened to you to relate to a conversation with coworkers. Maybe the meetings you host become legendary for their fun ice breakers that kick off the meetings or are widely known as a time and place where laughter is not only acceptable but encouraged! 6

I remember one meeting where our team got into a meme war in the chat, and we still laugh about that experience years later. Self-deprecating humor can also be a comfortable place to begin, but make sure you are not putting yourself down instead of finding the humor in the experience you are sharing. As we get comfortable using humor at work, hopefully those around us will also start to integrate humor in their daily interactions. I always tell my teammates – when I get to the point where I can’t laugh about it, I know it is time to step away from the situation for a bit and regroup. We’ve started to recognize that when we can’t find humor in hard times, we each need a bit more support and encouragement than usual and will reach out to one another to offer those things to our teammates. The best compliment I’ve ever received as an HR professional came from a former colleague who told me, “You’ve changed my perception of HR forever.” I’d taken the time to get to know them personally over the years and found ways to bring laughter to our conversations regularly. Their previous experience with HR resembled visits to the principal’s office (their words, not mine!). Employees then felt more comfortable coming to me as an HR professional when they encountered difficult situations, because we had built up a mutual trust and strong rapport from our prior interactions and shared laughter. Integrating humor not only made my work more enjoyable, but my efforts to find the humor in hard times translated to those around me.

Dr. Ashley Dugger, WGU Program Chair

Human Resource Management

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

Vendor Events Vendor Events

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 | Alabama SHRM Conference & Exposition |

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.





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You’re invited to attend the

12th Annual


May 24, 2022

Join us for an informative day where we will dive deep into critical issues facing human resources, including:



Deep-Sea Gear: Employee Discipline – This session will equip you to effectively and legally handle employee discipline situations including counseling strategies, giving warnings, compiling documentation, and handling terminations.

Union University

Beyond the Reef: Conducting Internal Investigations – Learn how to manage investigations into employee incidents in the workplace.

8:30 a.m. to 4:00 p.m. Registration opens at 8:00 a.m.

Carl Grant Event Center 1050 Union University Dr. Jackson, TN 38305

Watching for Fins: Legal Update – Explore recent changes in employment law and regulations at both the Federal and State levels. Exploring Shipwrecks: Employment Case Studies – An interactive discussion of recent employment law cases and the application of relevant concepts and HR strategies. Buried HR Treasure – An interactive session that will test your knowledge of key legal standards and principles on a wide spectrum of HR issues.

Lunch is provided. Explore our impressive showcase of HR-related exhibitors. Great door prizes. Registration Fee:

$100 for WTSHRM Members $125 for non-WTSHRM Members Join WTSHRM for only $25 at:

Register Now!

The registration deadline is Wednesday, May 18, 2022. Register early as seating is limited. You may pay by check or credit card. This program has been approved for 6 recertification credit hours through HRCI and SHRM.


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

PEOPLE, PROFESSION, AND POLICY Events in recent years have focused urgent attention on long-standing employee-employer policies that have not been significantly overhauled since the New Deal. The employeeemployer relationship has evolved and the definitions of a worker, the work week, and the workplace have expanded as innovation and cultural shifts have unfolded. As a working society, we are in a far different place than we were eighty years ago when the Xerox machine was heralded as a workplace advancement. And yet we have seen only a few amendments, and no major overhaul, of the FLSA to address the changes that have taken shape in history. We saw these issues come into particularly sharp and devastating relief when Covid-19 arrived. It has been a wake-up call to say the least. • Workplace policy is the unspoken influence on every one of our organizations. Workplace laws affect our costs and revenues. They drive how we view shareholder or stakeholder capitalism. They impact all facets of our organizations, from location to safety to pay. • A new look at outdated legislation such as the FLSA is long overdue. We need to understand why it is so difficult for employers to navigate the twenty-first-century workplace. The piecemeal approach to workplace policy since 1938 no longer meets the holistic needs of today. • Ensure pay decisions are based on bona fide business factors and not on non-jobrelated characteristics such as prior incarceration, age, or gender. • Consider workplace policy your best friend in managing external influences on your enterprise. • Treat workplace laws as a guide for establishing your organizational values and consider how you might exceed some of the rights and protections offered by the law to make your organization more successful.

Crisis forces a reexamination of old paradigms and policies. CEOs must contend with existing regulation and employment laws to support company culture.


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 and on Twitter @SHRM.

Can’t attend Talent 2022 in person? The benefits of attending virtually: •

Attend live or watch on-demand

Tune in from anywhere in the world

Sustain your learning and revisit virtual sessions for 30 days post-conference

Access the energy and opportunities to network with your peers

Earn up to 25 Professional Development Credits (PDCs)

Learn more:

*Source: Great Resignation: An Analysis of the Employee Experience, SHRM, 2022.

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Top 10 Practical Steps to Safe Terminations By DOUG ELMS, FOUNDER, SAFEHAVEN SECURITY

“Five Killed During Disciplinary Meeting” We have all seen the headlines. Potential violence is an existential problem and HR is on the frontline at work. While we can’t make it all go away, we can offer the top ten practical steps you can take to keep yourself and your people safe when confronted with a dangerous termination. 1. Trust Your Instincts One of the first things we want you to know is that the “feeling” you get that something is amiss really matters. When you believe something is wrong…something probably is wrong. And that feeling alone, even when you can’t articulate why you have it, should cause you to take extra steps to protect yourself. We often hear “We all thought he was dangerous,” in the aftermath of an incident. So, rule number one: Trust your instincts! 2. Know What to Watch For In our work as threat assessment professionals, we evaluate each case against a set of known violence correlates. In other words, warning signs. While we don’t feel comfortable listing them in a magazine article, we will provide them to you at no charge. Just contact us at the address listed after this article. 3. Prep for the Interview The single most important thing in this regard is the controlling of your own emotions. Feelings of fear or anger are normal responses to such a situation, so best to accept and manage them through preparation and breathing (see below).

sooner is better. Make a plan that includes shutting down building and network access. This would happen ideally during his final interview. As to what day of the week, for someone who works a standard MondayFriday schedule, we generally recommend conducting the termination late Friday afternoon. The brief explanation for this choice is that, when the former employee wakes up Saturday morning, we want him to focus on the things he normally does on a Saturday morning off. Mow the lawn. Hang out with the kids. Walk the dog. All things he can still do. As opposed to waking up on Wednesday morning and focusing on the one thing he would normally do that he can’t do – go to work. Nothing to do but watch YouTube videos about workplace shootings. 6. Choose the Right Location While this topic alone could fill paragraphs of information, let’s keep it simple. In most circumstances, the best place to conduct the term is a conference room near the exit. In this way the employee can leave the meeting and walk directly outside to their car without walking past a line of people staring at them. It may make sense to have their personal items packed and ready to go in a nearby room. There are also a couple of things to remember when setting up the room itself. If possible, a conference room with more than one entrance is ideal. If that’s not possible, consider this set-up:

There are too many variables for us to offer specific verbiage to use during the termination discussion. What we will say is this: Strive to be kind, caring, and firm. Talk through the subject’s potential responses with a colleague, making plans for how to deal with each one. Avoid rambling and lay out the facts early on. But be kind. Then get to the point and explain that a separation is required. Show you care by listening to their concerns, always seeking to point them toward a better future. 4. Have the Right People in the Room Generally, we believe the manager’s manager and an HR representative should be present in a termination interview. This practice provides one level of separation from the person most often targeted and an opportunity for the subject to feel like someone with power over his boss is getting any message he wants to relay. Often, we get a request to have security or law enforcement representation in the room. We generally recommend against this practice. It is rarely beneficial to let the subject know he is intimidating us, as that’s often his goal. Instead, place your protectors in an adjacent room. Arrange for them to discreetly monitor the proceedings. Simply letting them listen in on a phone can provide the intel they need to know if intervention is required. 5. Choose the Right Timing While this is not the most critical of considerations, it still matters. First let us say that, if the subject is dangerous, getting him out of the building 14

The idea here is that, if the subject gets angry and decides to leave, he can exit without walking too closely to anyone else. An enraged employee standing six inches behind you can do a lot of damage, even without a gun. The lead interviewer is also in a good position to exit quickly. Without two doors to the room, though, the secondary interviewer is in the least desirable position. That’s why two points of egress are best. 7. Respond Properly to Threats It’s important for your former employee to feel heard. So, give him chances, even encouragement, to speak. Unless he takes off on a lengthy rant that appears to be escalating, don’t interrupt. Let him finish. If you start to feel your heart rate rise, it’s important to get a handle on it before it impacts cognitive processing. When angry, we’ve all said things we came to regret, and this is not the time for that. Therefore, to lower your heart rate, follow these steps:

1. Inhale slowly and deeply through your nose (to a 4 count). 2. Pause. 3. Exhale slowly and deeply through your lips (4-6 count). 4. Repeat twice. This pattern lowers your heart rate immediately and, with a little practice, can be done very discreetly. And it works every single time. Keeping your heart rate and emotions under control will help prepare you for a veiled threat like “You’re going to wish you’d never done this” or a direct threat like “I’m going to come back here and kill you” There are basically four possible responses when confronted with such a threat during the interview, three of which are wrong: 1. Ignore it. 2. Show fear - “Oh my gosh did you just threaten me?! Yikes!” 3. Get angry – “Oh yeah buster? Just skin that smoke wagon and see what happens!” 4. Downplay and redirect to the future. Number four is the key. Even if you’re scared half to death, say things like “I know you didn’t mean that. We all say things we don’t mean when we’re angry. That’s not the John Smith I know.” Next, point them back to the future with “You’re going to get past this. It won’t be long until you find a spot to fit in. You’ve been through hard stuff before, and you will get through this too” and similar reassurances. No matter what they say, just keep downplaying and redirecting. Once the interview is over you may need to call 9-1-1, but during your conversation, never let them see you sweat. 8. Get the Subject Safely Off the Property This is an area where a fine line exists between safety and dignity. In our work with clients, we’ve let people walk back to their desk alone, gather their belongings, and let themselves out. On the other hand, in different circumstances, we’ve monitored a former employee’s egress with two trained protection professionals only steps away. For the purposes of this article, let us just say this: Strive to maintain a departing employee’s dignity by not embarrassing them with the “Two-Guard Walk of Shame” in front of their peers. Unless it’s absolutely necessary, that sort of thing can push a difficult situation toward becoming a dangerous one. There are other, better, ways to keep your people safe without knocking over the last domino this employee may have standing. 9. Monitor and Reassess as You Go Just because the employee has driven away does not necessarily mean we’re all safe now. We know from simply watching the news that, sometimes, separated workers come back years later and wreak havoc. What you may not know is that there are always warning signs of such an attack. Always. We must get in a position to watch for them and correctly interpret their meaning. Pay attention to what they’re doing every step of the way. Did they file for unemployment? Did another worker say they saw them purchasing a new gun last week? Listen for both the facts and the rumors. We can separate the intelligence from the information later. For now, it all matters. 10. Do the Right Thing Now No one ever regrets asking for help to prevent violence. Not asking always leads to hard questions no one wants to answer. Be the kind of leader that has no regrets. Call for help when you need it. If you don’t have a threat management partner, contact us at SafeHaven Security Your initial assessment is always free. 844-SAFEGROUP.






“Team. Everyone has heard that gas prices continue to rise. The advantage this has for us is that it will increase application flow and has the potential to lower our average wage. How, you ask?” What follows is a memo full of reasons why this company can take advantage of those without disposable income living paycheck to paycheck. This memo is from a real executive that sees the labor pool as desperate and at times seems giddy about it. At the end of the memo, he talks about being an employer of choice by getting schedules completed early. The memo is more than tone deaf. The executive is so far removed from his employees that he almost describes them as pawns on a chess board. You might be thinking this is an isolated incident, but it is more common than one might think. The CEO of Neiman Marcus Group, shortly after emerging from bankruptcy, was featured in a magazine targeted to high-income earners. He and his husband were photographed sitting on a “custom sofa . . . upholstered in silk velvet.” Unfortunately, the article was published just as many Neiman Marcus’ employees were facing pay cuts or job loss. Goldman Sachs’ CEO, David Solomon, demanded all employees return full-time to the office. But on the day the investment bank had set to reopen its U.S. offices, only 50%, or 5,000 of the building’s 10,000 workers, showed up to its New York headquarters. No wonder we are seeing lower employee engagement numbers and a lack of trust in our leaders. In one recent study, 85% of employees said they were unhappy with their employer’s support. Another study found that less than 25% felt their employers care about them and their well-being. And in a third study, 54% say leadership is completely out of touch with employees. I am not suggesting that companies are evil. In fact, many companies treat their employees well and give back to the community. What I am suggesting is that we have a big gap, or gulf, to address. Leadership generally lives in a different world from their employees, with different circumstances and pressures. Many managers, leaders, and especially executives are far removed from their people on a daily basis at work and it is compounded with the differences in their home lives. It is simple to see how one can lose a sense of empathy. Comparing everyday situations – such as the ability to afford quality childcare, having reliable transportation, being able to choose where you want to live, having help around the home such as a housecleaner and more – it is easy to see how one can lack understanding. There are a number of reasons why this chasm has gotten worse over the years. 16

Income stratification. In economic terms, income stratification reflects the great difference in how income is distributed between individuals, groups, and populations. It is a significant part of how we recognize socioeconomic statuses, meaning the upper class, middle class, working class, and the poor. Over the last several decades, the difference in wage growth between classes has been significant. For instance, CEO pay has grown 940% since 1978, while the average worker pay has only risen 12% during that time. What that illustrates is that back in 1978, there were at least some commonality between executives and workers. Today? They live in completely different worlds. Space. We live in a world where executives have private bathrooms, dining rooms and even separate buildings. I once worked with a CEO that was on his own separate floor, behind a false wall that only his receptionist could open with a special hidden button. When you went to that floor, you would not even know he was on it. Hidden away from view, never having to interact with the populace, the commoners. It is almost like we are going back in time to the days of the aristocracy. The Grind. Time is one of the hottest commodities today. When you lack time and must save it, what do you do? You cut out small talk and interactions with those that you do not report to, or need in the moment, instead of prioritizing and cutting out tasks. Innocent enough, but it leads to less management by walking around, skipping or limiting town halls, losing your cadence on team meetings and one-onones. Relationships pay the price and connections, relating and understanding fall by the wayside. Shareholder value. Companies always existed to make money. I have never seen a legitimate organization want to consistently lose money. However, in the last couple of decades stock price and shareholder value have taken on a much larger role, overshadowing other goals and responsibilities. There were days when most companies had doctors on staff, and offered more stable employment among other things. In the last several years, we have seen full-time jobs become part-time, benefits cut, and a variety of other tricks to produce a higher profit at the expense of the worker.

This gulf has only been exacerbated by technology. Technology has the capability to create connections. Technology can bring people together and make the world a smaller place. Unfortunately, we have seen technology used to reduce the human connection because it is more efficient and cost effective. We have also seen the need technology has created for clicks and followers. Technology has warped the behavior of people and companies all vying for attention and creating more extreme stances or superficial efforts to fit in with the next trend. What does all of that amount to? Distrust and divisiveness. All of that changed when COVID-19 wreaked havoc on our nation. Covid-19 temporarily has improved our leadership skills. In many ways, it sharpened the key leadership skills necessary for success in today’s workplace: Empathy and Emotional Intelligence. For the first time, company leadership is heavily focused on the health and wellbeing of their employees. You are probably asking, ‘’How could a virus give us such a gift?” The virus stripped away a great number of privileges that leaders in companies took for granted every single day. High-level executives are dealing with the fact that their cities and towns have shut down and their kids are going to school virtually. It is difficult for them to get certain supplies at times such as toilet paper or disinfectant wipes, and many of the special services they have grown accustomed to are no longer available. They struggle on Zoom calls with pets jumping across the screen, how to change the virtual background, or children coming in with questions. And when they see their employees going through the same things, there is a sense of connection, camaraderie, and understanding. Leaders have gotten a glimpse into their employee’s lives and have experienced some of their challenges as well. It has created an evolvement in their empathy and their emotional intelligence when it comes to working with their people. In other words, it leveled the playing field. Think about it: as perverse as it may sound, for many, COVID has been a great equalizer.

Unfortunately, this spike in leadership skills was a sugar high. It did not last long. Higher level executives have found themselves under more manageable circumstances; they want to go back to the way things were. We are seeing out of touch and tone deaf headlines made by people who don’t really understand the impact of their directives and pronouncements, which is why over 50% of employees feel they have no one to turn to when there is a workplace issue. There is a lack of trust between employers and employees. We must change our approach. We must lead more intentionally. We must cultivate a culture that gives voice to all walks of life. Leaders must serve others, listen to what is important to their people not when it is convenient, but when it is inconvenient. Our job as leaders is not to push, but pull. We must offer purpose beyond making money. We must create real meaning in people’s work. And we must inspire our talent along the way. We can only do those things if we create the space and level the playing field. The leadership gap is based on proximity or the lack thereof.

Brad Federman, CEO

PerformancePoint LLC

Good CULTURES need character. Good characters need CULTURE.

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Steps for Creating a Diversity, Equity and Inclusion Strategy By SUSAN HANOLD

Diversity. Equity. Inclusion. These efforts are critical for companies and make a difference in people’s lives, careers, and communities. ----Why the focus? Organizations that are committed to advancing diversity, equity and inclusion (DEI) perform better and are well-positioned to attract and retain employees. Employees are increasingly demanding greater action from employers in advancing DEI within the workforce and continue to pay close attention to culture and social responsibility. In response, businesses are turning to their human capital management partners to help them identify opportunities and establish a plan for progress and ongoing transparency. ----What has changed? Global racial and social injustice and the pandemic’s unequal impact has prompted companies to focus more intently on DEI and employer social responsibility. With this greater focus, more companies are asking how they can create a better worker experience. According to ADP data, employers increasingly sought data insights on the racial and cultural demographics of their workforce accounting for a 74% increase in searches. Employers increased searches for gender-based demographics by 42%. With greater data transparency comes accountability. DiversityInc has seen an uptick in the number of businesses seeking partners to close the gaps in their workforce. There has been a noted increase in requests for DEI consulting and training support. ----Where can companies start? Today’s global labor force continues to be faced with challenges around shifting demographics, competition to hire diverse candidates, skill shortages and employee turnover. As a global company, ADP and its associates embody an inclusive culture that extends beyond the traditional employee engagement approach. We believe the best ideas thrive in an inclusive environment that values diverse perspectives. To support our clients, we’ve developed programming and toolsets to help them address gaps in their workplaces and create an environment in which everyone can reach their full potential. Many companies have the best intentions for DEI but don’t know where to start. They can lack the right data, resources, and strategy. ADP® Strategic Advisory Services offers a combination of strategy and advisory services that helps organizations promote an inclusive culture, drive engagement and accelerate performance. • The diversity maturity model provides a snapshot of a client’s current DEI efforts, including identifying what programs, policies and practices are in place to support diversity initiatives. • The assessment helps to identify what may be adversely impacting results and helps to determine what priorities and strategic objectives we want to address. 18

• The scorecard, which can be called an analysis and is designed to keep the focus on DEI year-round, can be used as a tool to hold teams accountable for change. We created a maturity model with a series of questions that are asked of the key stakeholders and the executive sponsor. ----Where are you on your journey? It’s critical to identify where your organization is in its DEI journey. Companies must first begin by assessing their progress and gaining greater transparency into the current state of their workforce demographics. By having access to accurate, meaningful data, you can understand where your company is today then set targets for diversity and inclusion. ----What measures are critical? The second step to a successful DEI program is developing an action plan with measurable objectives. Aside from having the right data, it’s also important that your DEI program aligns with your company’s mission and strategic goals. It is important to have executive support at the top level. Having resources and best practices can help gain buy-in with leaders and managers, and drive their behaviors. ----How do you track progress? The final components to a successful DEI program are executing on a plan and tracking its progress while optimizing and improving over time. Accessible communication benefits all audiences by making information clear, direct, and easy to understand. You can evaluate success by re-visiting workforce data and sending out surveys to your employees. DEI strategies don’t just improve your business… they change lives. By assessing your progress and putting a tailored strategy in place, you can take tangible steps toward meaningful progress.

Dr. Susan Hanold, ADP

Vice-President Strategic Advisory Services


The “T” In Team Stands For Trust By AMY SCHABACKER DUFRANE

“There’s no team without trust,” said Paul Santagata, Head of Industry at Google. That company conducted a two-year study on team performance, which revealed that the highest-performing teams share the one thing in common: psychological safety. Now, we are all familiar with physical safety in the workplace. The Occupational Safety and Health Act of 1970 (OSHA) was created to ensure safe and healthful working conditions by setting and enforcing standards and providing training, outreach, education and assistance. As HR professionals, we’ve kept records of work-related injuries and illnesses, collaborated with our colleagues in the training function to inform employees about chemical hazards and posted OSHA summary data and job safety posters. Fast-forward to today’s decentralized workplaces, and there are contemporary issues. State-mandated COVID regulations. Building and cybersecurity. Tired remote workers who are tethered to video conferencing applications all day long. As Google uncovered, it’s not just about physical safety (although one cannot dispute its importance.) More difficult to identify, psychologically unsafe work environments can be just as risky as dealing with perilous materials on the job. As HR professionals, what can we be doing to identify the signals and support a culture of psychological safety? And why is this so important, especially in today’s workplace? First, the term psychological safety warrants some explanation. It might have conjured a discussion of mental wellbeing, yet it’s that and so much more. Harvard professor and author of Fearless Organization, Dr. Amy Edmondson, says, “Psychological safety is a belief that one will not be punished or humiliated for speaking up with ideas, questions, concerns, or mistakes.” She adds, “It can be defined as a shared belief that the team is safe for interpersonal risk taking.” Dr. Edmondson’s quote merits reflection. How many workplaces exhibit unproductive behaviors such as defensiveness, lack of focus or limited social interaction? And how does this translate into lower productivity, higher attrition and dismal employee engagement? When employees think their work matters and create change, they feel valued. Google learned that when team members can depend on each other, have clear roles, plans and goals, and know it is OK to be vulnerable, they feel safe. Conversely, when workers feel unsafe in their work environment, they are unwilling to share ideas freely and learn new things. Speaking up seems discouraged, and employees see no reward in taking risks. Productivity starts to lower, and surprises frequently occur because the workforce is not proactively flagging and sharing exceptions that could have been managed. 20

The linkage between physical and psychological safety is fascinating, considered simultaneously fragile and essential. When an unpleasant boss, cruel co-worker or uncooperative assistant threatens productivity, our brains revert to the fight-or-flight response. It’s an “act first, think later” scenario that can derail the critical thinking necessary to problem solve and be creative. Barbara Fredrickson at the University of North Carolina has found that emotions like trust, curiosity, confidence and inspiration actually help us build psychological resources – enabling resilience, motivation and divergent thinking. Psychological safety depends on inclusion and belonging, other pillars of trust. “Humans have a fundamental need to belong. Just as we have needs for food and water, we also have needs for positive and lasting relationships,” says C. Nathan DeWall, Ph.D., a psychologist at the University of Kentucky. “This need is deeply rooted in our evolutionary history and has all sorts of consequences for modern psychological processes.” We all know what we need to do to have physically safe workplaces. What can you as an HR professional do to support psychological safety? Remember the role of trust in high-performing teams: Model Healthy Trustworthy Behaviors First, assess your current state by asking these questions: • Are our managers listening to employees’ ideas or being dismissive? • Are we welcoming questions and ideas? • Do employees feel they can rely upon us to protect their best interests? • Are we being fair in our expectations? By clearly articulating problematic behaviors, awareness is created, and conflict-resolution tactics can be implemented. Once you have generated awareness throughout the managerial ranks, it’s time to examine the employee experience. Reinforce Trust Through Action Talking the talk is very different from walking the walk. Aligning actions with intent needs to be planned and purposeful. As you look across the enterprise, consider these questions: • Are we consistently checking in with employees – especially in work-from-anywhere models – to show we care about them?

• How often are we demonstrating appreciation for a job well done, whether a simple thank you or formal recognition, to provide reinforcement for open communications? • If an employee is disengaged, do we replace blame with conversation by asking them what we can do better? • Do we involve team members in problem-solving, asking for their participation in problem definition, unearthing root causes and developing solutions? Santagata at Google developed a reflection exercise called “Just Like Me.” Even in contentious moments, he was able to drive a winning dynamic that reminded workers of the hopes, dreams and anxieties that make us just like each other. By neutralizing emotionally charged moments, the conversation shifted from blame to respect.

• Are managers hovering and micromanaging or acting as trustworthy role models who generously trust their teams? A recent study by Crucial Learning showed that a quarter of the workforce are burned out, and when it comes to discussing that burnout, most feel ignored. Seventy-five percent are unsure who can help them; therefore, it’s not hard to understand why the “great resignation” is underway. That’s why global industry analyst Josh Bersin espouses the importance of listening tools that shorten the distance between signal and action, especially as it relates to building trust in the organization. Trust and psychological safety go hand-in-hand. With so many changes recently behind us and so many rapidly unfolding ahead, this is core to any organization’s success. It’s why the “T” in teams first stands for trust.

Support Success, Large and Small Psychological safety should be considered throughout the employee journey. For example: • Is your culture of trust and caring being effectively communicated to job candidates via your recruitment marketing? • Are your onboarding efforts effective, helping new hires integrate into their respective teams with support from a mentor? • Do employees have a means of reporting incidents confidentially?

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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Look Before You Leap: Payroll-Ben Admin Tech API Considerations By KISHA MOLIERE

Many employers’ tech stacks consist of disparate systems for payroll/ HRIS and benefits administration (ben admin). If connected at all, these systems have typically been integrated via weekly EDI file feeds which result in unsynchronized data and billing reconciliation challenges. Consequently, establishing Application Programming Interfaces (APIs) between these platforms is becoming more popular as the near real time data exchange made possible by APIs can theoretically allow employers to keep best in class technology in each area, while eliminating the clunky and inefficient weekly EDI files that often require manual review and intervention. However, because of the relative novelty of APIs between ben admin and payroll providers there is no established standard yet. As a result, you should thoroughly inquire about the following before saying yes to an API: 1) What are the costs?

It is important to ask both your ben admin technology and payroll providers about costs associated with standing up an API. While ben admin providers often do not charge for an API they’ve previously built for a particular payroll provider, the payroll provider may still charge fees. That fee can vary based on many factors and may come in the form of a one-time “setup charge”, a PEPM (per employee per month) or a flat, recurring monthly fee. 2) Which data elements are exchanged and in which direction do they flow?

It is easy to assume that establishing an API between platforms means seamless, real-time connectivity that will create efficiency in administering your employee benefits and payroll processing while eliminating duplicative data entry challenges. However, in reality, the usefulness of an API will depend heavily upon what data elements are included and in which direction they flow. For example, an API may allow you to make a change to an employee’s name, address, and email in either platform and result in both systems being updated within minutes. However, elements such as “Hourly vs Salary” or “Effective date of compensation change” may only flow from the payroll platform to the ben admin platform. This means if you change an employee from hourly to salary in the ben admin platform, the payroll system would not be updated. Similarly, you’ll want to know if deduction information flows in both directions, or if it only flows from the ben admin system to the payroll system via the API. Understanding the above will ensure that you develop processes that keep your systems synchronized. 22

3) What data elements are not included in the API and are they relevant to benefits eligibility?

It is imperative that you inquire if there are any fields of information that are not included in the API and assess whether any of them drive eligibility. For example, suppose an employee’s benefit eligibility is partially driven by their class or work location. If these types of elements aren’t included in the API, it would mean changes to their class or work location would need to be manually managed in both platforms. This could render the API more trouble than it is worth. 4) Are there timing considerations or limitations with the API?

Another critical consideration is whether the API has limitations regarding transaction timing. For example, will an employee enrolling in the benefits platform a month prior to their effective date cause an issue for the payroll system? If so, consider how this might impact the enrollment window you allow for your employees. 5) How are errors reported?

Understanding the timing and mechanics of how errors are reported is also important. Is there a dashboard or notification system that proactively notifies you? Or are you alerted to errors only after an employee notices an update to their payroll deduction hasn’t taken place, for example? There is little doubt that API will revolutionize HR professionals’ employee benefits administration experience in the same way it has transformed shopping, booking travel and peer-to-peer banking. Weekly EDI file feeds to payroll companies and carriers will inevitably be replaced with the near real time transactions that API offers. This will result in the drastic reduction of downstream challenges such as access to care issues due to delayed ID cards, coverage/claims discrepancies and payroll/ carrier billing reconciliation. However, API is relatively new in this space, and should therefore be carefully discussed before adopting to ensure it can result in the efficiencies you desire.

Kisha Moliere

Benefits Administration Technology, McGriff

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Taking A Pass? How to Handle Candidates You Don’t Hire By STEWART GOTT


hether you’re interviewing for one position or a hundred, you will undoubtedly run across job candidates you don’t want to hire. It’s important to your brand to handle these applicants respectfully. Here are three reasons why:

• They talk. Candidates who feel they were rudely treated during your recruiting process may tell people. You could lose future great candidates if they hear about it. • They post on social media. Job applicants who were ghosted, strung along, or just not handled well in general can post it on social media where thousands of people could see it. This is bad for your company reputation. • They leave reviews on job boards. Hopeful job seekers often research a company’s reputation before they even send in a resume. A bad rating on the many company review sites could decrease your high-quality responses.

Another thing you need to think about are the valid reasons not to hire someone. Here are six situations that may happen during the hiring process that would cause you to take a pass on a job candidate.

Late. Rude. Sloppy. NOPE A good guideline is to assume the job candidate is going to look, act, and perform their best during the interviewing process. This means if they’re late to the interview, rude to anyone they encounter, sloppily dressed or lacking in hygiene, you can expect them to be that way on the job. Do you want to deal with that all the time? No, no you don’t.


Unenthusiastic About the Position Lackluster answers, few insightful follow up questions, and passive body language can signal they aren’t excited about your company or the position. None of these are signs of stellar future performance. Keep searching until you find someone who shows passion and eagerness for the opportunity.

Bad Fit with Company Culture Protecting your company’s positive culture is essential. If you detect attitudes and behaviors during the interviewing process that aren’t in line with your culture, it would be a big risk bringing that person on.

Sluggish to Respond to Follow Up If you candidate takes days to get back with you, if you send multiple texts and emails with no response, or if they don’t send requested follow up items in a timely manner, do you really think they’ll meet their deadlines once you hire them?

Background Check Issues Even if the candidate aces your interviews, there could be behavior that shows up on the background check that gives you pause. Criminal convictions, spotty employment history, and issues with the education they claim to possess are all reasons you might pass on an applicant.

Unreasonable Demands About Salary or Benefits Candidates are entitled to ask for what they believe they’re worth, but that doesn’t mean you must fork it over. If their requests are beyond your budget, finding someone whose salary and benefit expectations are more in line with yours is within your right.

Handling Candidates You Aren’t Going to Hire Treat everyone with respect and professionalism, whether you’re hiring them or not. Here are three go-to ways to manage applicants you aren’t hiring. Communicate transparently. Yes, delivering bad news is uncomfortable. Keep in mind that nobody likes waiting and wondering about a hiring decision. Instead of being awkward about telling them no or ghosting them, reach out via email or by phone and give them the news as soon as you make the decision. This gives them closure and allows them to move on. Refer to the original job description. If they ask “why” you made the decision, try keeping your response positive. Highlight and compliment them on the skills they did offer, but constructively point out that you found a candidate that offered certain skills they did not. If they seemed distracted or showed up to the interview late, gently remind them of that, too. It may be the wake up call they need to stop it from happening to them again. If the background check is the reason, follow adverse action procedures. Employers must be careful since there are federal and state laws when using a CRA for background checks. When ordering a background report from a third-party, you need to know and understand state and federal requirements when denying employment.

When employers decide against hiring someone based on whole or in part on the candidate's background check report, the FCRA requires that employers notify the applicant, and send them a pre-adverse action letter. Follow up with a final “Notice of Adverse Action” letting the candidate know the information in their background report adversely affected them from being hired. Give proper time (usually five-business days) between the “Pre-Adverse Action” letter and the final letter. There have been recent lawsuits by job candidates who were only given a three-day window, so don’t get in a hurry and send the final notice out too soon. Thoughtfully handling the candidates you don’t hire is an important part of protecting your brand and mitigating the risk of discrimination lawsuits. By knowing the acceptable reasons for taking a pass and having a plan in place for handling the unchosen candidates, you can manage the entire process thoughtfully and professionally.

Stewart Gott

National Account Executive


BOOK SIGNING Cultivating Culture:

101 Ways to Foster Engagement in 15 Minutes or Less by Brad Federman



1 The Performance Point LLC Team (L-R) Julie Meek, Jennifer Blake, Michael Bruno, Faith Brinkley, Brad Federman, Hollie Federman, and Brian Poindexter. 2 The OneDigital Team (L-R) Matt Moraski, Jenni Bedell, Keith Sharpe and Tracy Tutor. OneDigital sponsored the event at the Crescent Club in Memphis.


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HR Leaders Best Suited to Lead Safe Return to Office By DENNIS HACKEMEYER

When the COVID-19 pandemic began, many businesses and organizations immediately turned to their facility or property managers, expecting them to have the answers on all things clean. Two years later, many human resources professionals have assumed the lion’s share of the burden of dealing with cleanliness in a COVID environment. On top of everything else they do. In Human Resource Executive’s annual end-of-year “What’s Keeping HR up at Night?” survey, 20% of HR leaders said they ended 2021 spending most of their time on virus management, second only to recruiting (40%) and retention (23%). And that’s not likely to change anytime soon as more and more employees return to the office in some capacity. Consider that the Bradley Corporation reports in a recent survey that handwashing has decreased 25% since 2020, and handshaking has increased 13% and is expected to rise. What’s more, in today’s world, pandemic management goes hand in hand with retention and recruiting. More than a third of employees (38.3%) said they would consider changing jobs if their workplace wasn’t cleaned properly, according to a survey conducted by the Cleaning Coalition of America. And as of mid-March, 55% of respondents said they would consider quitting if their employer tried to get them to return to the office before they felt safe, per Morning Consult’s return-to-work tracker. Early in the pandemic, many companies failed to embrace putting employees first, instead focusing on the bottom line. Recently, however, they have realized the correlation between the bottom line and the wellbeing of their employees. So, it seems natural that the responsibility for COVID response and preparation for return to the office have fallen to the HR professionals. Let’s face it, this has become more about our people than our facilities, and you know people better than anyone. Maybe you and your teams knew all along this would happen when the world’s workplaces shut down, but everyone else is just now catching up. Still, it’s heady times, to say the least, for HR professionals across the country. Two years after COVID-19 invited itself into our lives, where are we headed when it 30

comes to the workplace? To answer that, we first need to review where we’ve been. Looking Back Over the Past Two Years One of the things we learned after the pandemic shut down offices and made work-from-home more than just an occasional courtesy was that we had to reevaluate what it meant to be clean. Sure, a janitorial crew came by the office nightly or a few times a week, sometimes staggering what would be cleaned on certain days and what could wait until the next time. But many companies now would say their focus on clean was adequate at best. COVID spiked concern about the meaning of “clean” and forever changed it. In partnering with marketing consultant Brand Federation, our company surveyed consumers about their experience of clean. Respondents said things like, “Disinfectant is the word of the day,” “It has made me more aware of my surroundings and that clean is not always clean enough” and “It has made me more aware of the importance of clean and how not being clean can affect my health.” Naturally, businesses, universities and government agencies we work with amplified their cleaning regimens: more disinfectants; more regular cleanings; more sanitation stations; more, more, more. What we’re learning is that everyone – our employees, our guests and our customers – wants more. But are more chemicals really the answer? Or the healthiest approach? What Matters Now The pandemic has changed the nature of how we work. Many still are fearful about returning to the office. Some relish a relief from commuting and the convenience working from home offers. And others must address the logistics of daycare all over again. Coming back to the office should establish a sense of safety and security, and cleanliness is a key factor. Until now, however, much of the emphasis the past couple of years has been on our buildings or facilities. While needs and pain points will vary from industry to industry, the focus now must be on the health and wellbeing of customers, employees and stakeholders.

Some other things we heard from consumers include, “Clean now means a lot more effort to keep my family safe and healthy,” “My perception of clean means constant vigilance of cleaning surface surrounding that is handled frequently,” “I am now always more aware of surroundings and possible contamination” and “Public places don’t seem as clean as they should be.” That sets a high bar for those businesses welcoming employees back to the office. On one hand, it takes all the effort of employing the latest technologies and understanding the best cleaning protocols. On the other, it takes intentional and consistent work to ensure your employees know you care. An effective way to show you care, create positive perception and enhance the employee experience is to make sure your efforts are visible at all times. This is supported by studies we conducted with customers like Burns Scalo Real Estate: “ The draw for employers, our clients, to entice staff back to the office is the visual – seeing that the Landlord and their Employer is taking strides to protect/sanitize/disinfect the workspace beyond typical evening janitorial and placing disinfectant wipes in the common areas.” Angela Gillot, Business Development Specialist In short, you need to prove you care. In a way, though, you already knew that. HR professionals are uniquely qualified to understand that engaged employees are vital to retention, recruiting and the bottom line. Their health and safety – while always important – now is as important as ever. And it’s a good thing HR managers and professionals are on the case.

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Updating Your 2022 Employee Handbook for the Hybrid Workforce By DEE ANNA D. HAYS


orking from home (or telecommuting) is

2. Wage and Hour Policies

not a new concept. However, its prevalence

As more employees are continuing to work remotely, it may be more difficult for employers to observe work hours of non-exempt employees. New work arrangements might necessitate an update to current time keeping policies and procedures to ensure non-exempt employees are accurately reporting all hours worked and understand what prior approval, if any, is required to work overtime hours. Policies should strictly prohibit working off the clock, and should require employees to thoroughly review their time records and pay records to ensure accuracy.

increased through the COVID-19 pandemic

and has since become a permanent fixture for many workforces. During the same time, many employers have been busy dealing with staffing issues, safety concerns, and COVID-19-related legislation or litigation. There may have been little to no time to address handbook policies. This article will highlight five areas that may warrant special attention for the hybrid workforce in 2022. 1. Telecommuting and Remote Work Policies

Many employers may have experienced the trend of employees scattering to different states or may be hiring workers in states where they have not previously conducted business. Though an attractive recruiting, retention, and cost-saving tool for many employers, remote work has numerous multistate compliance implications, especially as employees relocate to different states or new out-of-state employees are hired. Significant legal predicaments for both employers and their workforces include employee onboarding, business expense reimbursement, state tax, state unemployment withholding, privacy and data security, and termination issues. When expanding to new jurisdictions, employers may also need to update discrimination and harassment, wage and hour, paid sick and other leave policies, among others. Employers might also consider adding a remote work policy to the handbook for employees who request or are requested or required to work remotely. The handbook policy could outline the approval process and general expectations for individuals working remotely. The policy can reiterate that entering into a temporary remote working relationship is solely at the discretion of the Company and may not be feasible for all job positions. Working remotely is not a contractual right, entitlement, or employee benefit and does not change the terms and conditions of employment. Further, employers may want to implement or update separate remote work agreements with employees that address details beyond the scope of an employee handbook. Each employee who will be working remotely should execute such an agreement to ensure the expectations are clear. Employers may also use these agreements to enforce restrictive covenants, trade secrets, and other similar legal obligations. 34

Further, if an employer requires remote work from an employee who is not set up to do so, the employer may need to reimburse the employee for any additional phone, internet, or other expenses incurred (beyond what the employee would otherwise have paid for his or her personal use) to enable the employee to telecommute at the company’s request. While not directly addressing whether employers must reimburse home expenses used in the course of telecommuting, the U.S. Department of Labor (“DOL”) has advised that if employers require a non-exempt employee to work from home, they may not require the non-exempt employee to pay for business expenses, where doing so reduces the non-exempt employee’s earnings below the required minimum wage or overtime compensation. For exempt employees not subject to required minimum wage or overtime requirements, additional phone, internet, or other expenses may be viewed as impermissible deductions under the Fair Labor Standards Act’s (“FLSA”) “salary” basis test. In addition, employers may not require employees to cover such expenses when the telecommuting arrangement is being offered as an Americans with Disabilities Act or similar legally required accommodation. Wage and hour litigation continues to be the most frequently filed type of employment litigation, and related retaliation claims are increasing. Many employee handbooks do not address who employees should contact with any concerns regarding their hours and pay, leaving employers vulnerable to the argument that the employee did not have an avenue to resolve complaints. In addition, handbooks should include a provision that states employees who come forward with complaints about their hours or pay will not be retaliated against. While this provision can be found in almost every policy prohibiting discrimination and sexual harassment, it is often forgotten in the context of complaints regarding wages. 3. Workplace Safety and Health Policies

The COVID-19 pandemic pushed the U.S. Occupational Safety and Health Administration (“OSHA”) into the spotlight, and workplace safety and health will be a continued priority of President Biden’s administration. In fact, on January 13, 2022, U.S. Secretary of Labor Marty Walsh stated, “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.” OSHA is also pursuing a permanent standard for the healthcare industry to protect workers from COVID-19 hazards and is considering broader infectious disease rulemaking. The agency has launched a COVID-19 focused inspection initiative limited to certain healthcare facilities that will cover the three-month period from March 9, 2022 to June 9, 2022. To date, OSHA has fined employers over $4,034,288 through COVID-related citations. Therefore, all employers may want to appropriately address workplace safety and health in their handbooks and in more detailed procedures that may be best kept separately from the handbook. A handbook safety and health policy should not take the place of separate safety manuals or detailed procedures. Instead, the handbook policy could include more general information regarding: the responsibility of every employee to work safely, follow all safety and health procedures applicable to their jobs (and how to access them), to report any potential safety and health hazards in the workplace, and to report any work-related accidents, injuries, and illnesses as soon as reasonably possible. The handbook policy might also include a clear reporting procedure and a provision that states employees will not be retaliated against for making such reports. Because of the rapidly evolving guidance and legislation regarding COVID, employers may want to keep COVID-related policies and procedures separate from the handbook. This would eliminate the need to update the handbook each time COVID policies change, which may be an administrative burden for some employers.

4. NLRB and Handbook Policies

Now that Democrats once again have a majority on the National Labor Relations Board (“NLRB”), it will come as no surprise that they may seek to roll back current Trump-era Board policies and return to policies that favor employees and labor unions. We can reasonably expect the pendulum to swing back toward the Obama administration practice of issuing decisions scrutinizing handbook policies under the National Labor Relations Act (“NLRA”). Thus, employers should watch out for any NLRB decisions on this issue and review handbook polices, including social media/IT, dress code, conflict of interest confidentiality, and related policies, to ensure compliance. 5. Contractual Issues to Consider

Including a disclaimer at the beginning of the handbook expressly stating it does not constitute a contract and reiterating the at-will nature of the employment relationship can be an important tool in defending claims. Similarly, contracts and other legally binding agreements should not be added to the handbook. This includes non-compete, non-solicitation, and non-disclosure clauses as well as arbitration agreements and other releases of liability, which should be kept separate from the handbook to ensure enforceability and avoid the entire handbook being construed as a contract.

Dee Anna Hays is a Shareholder and Chair of the Multistate Practice Group at Ogletree Deakins. She can be contacted by email at


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FY 2013 Budget Request its In year 2013 budget request, DOL has asked Congress for $237.7 million and 1,839 fulltime equivalent employees (FTEs) for the Wage & Hour Division (the DOL division responsible for enforcing the FLSA). request is an increase of year 2012. $10.7 million and 80 FTEs over Compared to 2008, this represents an increase of $62 million and 631 FTEs. Consistent with its punitive “gotcha” approach toward employers, DOL proposes to partially fund its increase by cutting $2 million and 12 FTEs from its employer compliance assistance programs. Another $2.5 million and 21 FTEs would be transferred from the budget for DOL’s Women’s Bureau.

Increasing the Minimum Wage for Federal Contractors

President Biden’s Executive Order 14026 (EO 14026) increases the minimum hourly wage that federal contractors must pay their workers from $10.50 to $15. The The Misclassification Initiative largest DOL portion of thepublished requested increase a final rule implementing for fiscal year 2013 – $4 million and 35 new investigators – will support DOL’s enforcement the EO 14026, which is aimed to promote “misclassification initiative” which targets the following industries which DOL believes often theasgovernment’s procurement interests in misclassify employees independent contractors: • Construction • economy Janitorial and efficiency by contracting with Health • CareHome Care • Child TheENFORCERS sources that adequately compensate their • andTransportation Warehousing Priorities of the U.S. Department of Labor in 2012. • andMeatProcessing Poultry • workers. Landscaping Of course, it will also result in taxpayers paying almost 50% more for certain types of services.

: Government Contracts Labor & Employment Developments – Part 1 By Ta MMy D. M CCUTCHen


While we are still in the first half of 2022, it has already been a busy year in terms of labor and employment developments for government contractors. For any companies doing work for the federal government, whether as prime contractors or as subcontractors, it can be challenging to keep up with the perpetually changing requirements, particularly when the changes occur this quickly. These rapid-fire changes have introduced some onerous requirements with potentially very significant impacts. Just in the past few months, President Biden has issued Executive Orders (EOs) that: (1) Directs an almost 50% increase in the minimum wage government contractors must pay their employees under a number of types of contracts. (2) Mandates the use of union labor on large federal construction projects. (3) Reinstitutes the requirement that federal contractors offer the right of first refusal to qualified service personnel who worked on predecessor contracts. In addition, in February 2022 the Office of Federal Contractor Compliance Programs (OFCCP) at the Department of Labor (DOL) has rolled out its new on-line certification tool that contractors are now required to use to certify compliance with affirmative action requirements. In Part 1 of this series, we will examine the increased minimum wage directive and the use of union labor on federal construction projects. Part 2 coming next month will cover the non-displacement of qualified workers and the new OFCCP “Contractor Portal.” 36

Contracts Covered by the EO 14026

Importantly, this new minimum wage only applies to new contracts entered into on or after January 30, 2022. A contract is still “new” if it is (1) an extension of an existing contract, (2) a renewal of an existing contract, or (3) an exercised option on an existing contract. The regulations call for additional wage increases starting January 1, 2023, and annually thereafter. Covered contracts under the EO 14026 include the following types of agreements: • Procurement contracts for construction covered by the Davis-Bacon Act (DBA). • Service contracts under the Service Contract Act (SCA). • Concession contracts with the federal government. • Contracts related to federal land and offering of services to the general public, federal employees, and their dependents. Exclusions from the EO 14026

The final rule also sets forth a number of categories of contracts and other instruments that are not subject to the minimum wage requirements. Specifically, the following are not subject to the $15 minimum wage requirement: • Contracts that result from a solicitation issued prior to January 30, 2022, that are entered into on or between January 30, 2022 and March 30, 2022. • Grants. • Contracts with and grants to Indian Tribes. • Contracts for construction and services (except for those expressly covered by EO 14026), that are excluded from DBA or SCA coverage.

• Contracts for the manufacturing or furnishing of materials, supplies, articles, or equipment to the federal government. Workers Covered by the EO 14026

EO 14026 generally applies to the following categories of employees working on or in connection with a covered contract: (1) employees entitled to the Fair Labor Standards Act minimum wage (but not any employee who would be considered an exempt executive, administrative or professional employee); (2) service employees entitled to prevailing wages under the SCA; and (3) laborers and mechanics entitled to prevailing wages under the DBA. Important Tips for Federal Contractors

Several lawsuits have already been filed directly challenging the implementation of EO14026. However, until these and any subsequent legal challenges are fully resolved, to avoid any potential penalties, contractors must comply with the minimum wage increase and review their contracts to determine whether the new minimum wage applies to their employees.

Union Labor Now Mandatory for Large Federal Construction Projects On February 4, 2022, President Biden issued the Executive Order on Use of Project Labor Agreements for Federal Construction Projects (EO 14063). EO 14063 mandates that contractors and subcontractors working on federal construction projects valued at $35 million or more must enter into an agreement with a union to establish the rules applicable to labor relations on that project – a “project labor agreement” (PLA). EO 14063 mirrors an EO issued by President Obama, EO 13502, on February 6, 2009, including having the same title and much of the same language. The main difference between them is that President Obama’s EO encouraged rather than mandated that agencies require contractors enter into PLAs. What Do Contractors Have to Do?

EO 14063 requires that contractors and subcontractors agree to enter into a PLA as part of the award of a federal contract in connection with a federal construction contract valued at $35 million or more. But it is not enough for the contractor and the union to negotiate their own terms. Instead, EO 14063 includes a number of very specific requirements.

First, the PLA must cover all contractors and subcontractors on the project. For large construction projects that require a number of trades, this could mean the PLA would cover dozens, if not more, companies. In addition, agreements cannot restrict contractors and subcontractors from competing for other contracts or subcontracts. The PLA must also include three specific provisions: 1. “Guarantees against strikes, lockouts, and similar job disruptions.” 2. “Effective, prompt, and mutually binding procures” for labor dispute resolution. 3. Mechanisms for labor-management issues such as, but not limited to, “productivity, quality of work, safety, and health.” Finally, although it probably could have been left unsaid, these new mandatory agreements must comply with all applicable laws. Claimed Benefits of EO 14063?

One of the areas in which President Biden’s EO 14063 borrows heavily from President Obama’s is the asserted benefits of this requirement that contractors, large and small, contract with labor organizations irrespective of company policy of financial impact of that decision. Like all EO’s, the claimed benefits are asserted as fact when many entities have, since EO 14063 has been issued, been heavily critical of the EO because of the potential negative impact it could have. President Biden, adopting President Obama’s reasons, claims that PLAs, which are “routinely” used by companies in the public and private sectors to “reduce uncertainties,” will provide structure and stability, avoid labor disruptions by establishing disputeresolution mechanisms and prohibiting work stoppages, and ensure that all of the “stakeholders” commit to proceeding efficiently without stoppages. EO 14063 also claims that it will “[a]dvance the interest of project owners, contractors, and subcontractors, including small businesses,” although the EO does not explain how. There Are Exceptions to EO 14063

Like all government requirements, there are exceptions. Although it seems unlikely it will occur much under this administration, agencies have the authority to decide that a PLA is not appropriate on three grounds.

First, if an agency determines that a PLA for a particular project will not achieve the government’s interests in achieving economy and efficiency, it may opt out. Below are the five factors an agency must consider that weigh in favor finding a PLA is not required: 1. Short duration and lack of operational complexity. 2. The project only includes one craft or trade. 3. The project involves specialized construction work available from a limited number of companies. 4. The need for the project “is of such unusual and compelling urgency that the [PLA] would be impracticable.” 5. Other similar factors “deemed appropriate” in the implementing regulations and guidance. Second, if an agency’s market analysis shows that mandating a PLA “would substantially reduce the number of potential bidders so as to frustrate full and open competition” it may decline to include this mandate in requests for proposals for the project. This may be the case if, for example, there are a limited number of construction projects in a remote location Third, agencies need not require a PLA where mandating a PLA would be inconsistent with law. Given that EO 14063 creates the obligation that contractors enter into PLAs on large federal construction projects, it is unclear when doing so might be inconsistent with law. Large Impact, Questionable Authority

It is not apparent that there was any consideration of the potential negative economic impact of mandating that construction contractors use union labor for federal construction projects, many of which are over the “large” threshold of $35 million. By some estimates, it will have a very significant impact, affecting up to 200,000 workers and $262 billion in federal construction projects. Further, the Associated Builders & Contractors has argued that EO 14063 will exacerbate the serious skilled labor shortage in the construction industry, which was approximately 430,000 workers in 2021 and may be as high as 650,000 in 2022. In addition, these changes will likely increase construction costs by an estimated 12% to 20%. EO14063 will almost certainly exacerbate the United States’

massive infrastructure deficit given that much of that urgently needed construction will be federally funded. To give you an idea of the size of the problem, the American Society of Civil Engineers, which gives the current state of American infrastructure an overall grade of C-, estimates that a $5.937 trillion infrastructure investment is needed in the U.S. by 2029, of which $2.588 trillion is underfunded. Also, it is possible that this measure will face legal challenges. The claimed authorization for EO 14063 is the Federal Property and Administrative Services Act, 40 U.S.C. 101 et seq. (FPASA). Some may recognize that this is the same statute that the White House cited to authorize the president to issue the federal contractor vaccine mandate. Federal courts have been very skeptical of the broad claim of authority under FPASA. The main reason for the skepticism is that the statute authorizes the president to ensure the U.S. has an economic and efficient procurement system, not to make contractors or construction projects more efficient. Implementation of EO 14063

EO 14063 requires that the Federal Acquisition Regulatory (FAR) Council propose implementing federal procurement provisions by June 4, 2022. In addition, the Office of Management & Budget must issue guidance to implement exception and reporting requirements. By tracking and reporting the use of exceptions, it would not be surprising if agencies will be reluctant to use the discretion that EO 14063 appears to grant. Finally, the Departments of Defense and Labor must develop a training strategy for the contracting workforce to ensure personnel understand how to implement the new requirement correctly.

Richard Arnholt is a member at Bass, Berry & Sims in Washington, D.C. He advises companies on the complex rules applicable to contracting with federal and state governments. He focuses on risk mitigation through implementation and upgrades to ethics and compliance programs as well as response to government allegations of procurement fraud or misconduct. He can be reached at



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April 13-14, 2022 Robinson Center & The Doubletree Hotel of Little Rock ijiji #ELLA2022Live TOPICS & SPEAKERS: Use of Artificial Intelligence in Employment Decisions with Eric Dunleavy and Victoria Lipnic A Rudimentary Approach to Solving Compliance Problems with Andrew Malahowski Arkansas Legislative Candidates Forum Drugs in the Workplace with Nate Read and Cara Butler Agents of Change: The Important Role of HR in a Shifting Workforce with Janie Warner Employment Law Jeopardy with moderator Roby Brock + panelists Alec Gaines, Devante Jones, Cindy Kolb & Mike Moore EEOC Update—Pay Equity Best Practices with Bill Cash COVID-19 Legal Update with Wayne Young Corporate, State & Local Lobbying in the HR Space: “How To Lobby”—TBA



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Self- confidence, adaptability, and willingness to go outside our comfort zone “ Believe in your ability to figure things out.” Brendan Burchard

7 ways emotional intelligence can help budding entrepreneurs By HARVEY DEUTSCHENDORF

It is hardly newsworthy that we are living in a time referred to as “The Great Resignation.” People have been leaving their jobs in record numbers. In November 2021, a record 4.5 million Americans left their jobs. The reasons are varied, but usually there is an awakening, a re-examination of priorities in life and a desire to find work that is more meaningful and in tune with the values of those who are leaving. We know from the increase in application for business licenses, that a lot of those leaving are looking to entrepreneurship as a way forward. This movement towards starting our own business has been increasing even before Covid with the gig economy gathering steam. There is a glamor appeal as we are inundated with stories of people who have left their secure paychecks to strike out and make a fortune. However, the reality of striking out on our own is filled with hard work, persistence and overcoming setbacks and failures. There are not many stories of overnight success. Those who do become successful need to have the mental and physical stamina and the emotional resources that will take them the distance. Here is what is needed emotionally. Self-Awareness The basis of all emotional intelligence, self-awareness, is crucial for entrepreneurs. While we think we are rational beings, our decisions are often based upon our emotions. A high awareness of our feelings helps us to use our emotions effectively to make thoughtout, well-informed decisions rather than acting strictly from our emotional space. Selfawareness is also crucial to knowing how we show up and come across to others. This is important in developing healthy working relationships with our staff, customers, suppliers, and others in our environment that will have a huge impact on our success. “Understanding oneself is the lynchpin of being able to discern reality, engender trust, and inspire people,” said Neal Goldman, entrepreneur and CEO-coach who recently founded Find Center, a free online platform for personal, spiritual exploration. “And sometimes, to gain that understanding, you have to step away from the 24/7 grind and spend time working on yourself – finding the thing that grounds you and brings you clarity and purpose. Impulse control and delayed gratification When things go wrong, as they often will, we need to have the ability to control reacting solely from our emotions. There is no longer a secure paycheck coming in. Instead, we need to be able to step back and look at the situation from a solutions-based perspective. This often means making immediate sacrifices in terms of time, effort and financial in order to work towards a goal some ways into the future. Building supportive relationships with those we depend upon So much of our success in creating our own business depends upon how well others trust us, work with us, and help us succeed. Emotionally intelligent people are interested in the lives of others, empathetic and know how to treat others so that staff, investors, customers, suppliers, and others in their environment want to help them succeed. They totally understand the need to build trust and good will with those that they rely upon to make their business successful. This builds up good will that is crucial in any organization’s ability to ride out difficult times. 42

There is rarely a straight line to success in any organization. Continued change and adaptation is the norm. This requires constant awareness of what is happening in our environment and the ability to withstand constantly pushing our comfort zone. The ability to continue and try new things outside of our comfort zone is a major attribute that separates those who start their own business from those who need the comfort of having a secure job. Building a strong support base While the myth of the self-made man/woman persists in American ideology, most successful people know that it takes a strong team to build up a successful business. They are active in their community, lending a helping hand, volunteering, and giving of their time and energy generously. Known as community builders, they are constantly aware that becoming successful doesn’t happen in a vacuum, it requires the goodwill and support of others in their environment. An attitude of gratitude through supporting and mentoring others Those who become successful on their own have developed an attitude of gratitude that makes them want to see others succeed. To this end they are ready and willing to provide guidance and support to others and generously share their struggles, setbacks, and triumphs to help others on similar journeys. Develop a supportive home base Entrepreneurship is demanding of resources; mental and emotional. Those who can persevere despite setbacks need to have a strong and supportive home base that provides them with the support and belief in them that they need. This base includes family and friends who believe in us and that we can count on to support us. Running our own business can be a lonely, frustrating, and demanding road. We need as much support and help as we can get.

Harvey Deutschendorf is an emotional intelligence

expert, internationally published author and speaker. To take the EI Quiz go to His book THE OTHER KIND OF SMART, Simple Ways to Boost Your Emotional Intelligence for Greater Personal Effectiveness and Success has been published in 4 languages. Harvey writes for FAST COMPANY and has a monthly column with HRPROFESSIONALS MAGAZINE. You can follow him on Twitter @theeiguy.

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