December 2019 Issue by Cynthia Thompson

Volume 9 : Issue 12

www.HRProfessionalsMagazine.com

Compensation Trends for 2020

Special Issue on Compensation and Performance Management Highlights from the

SHRM Volunteer Leadersâ&#x20AC;&#x2122; Business Meeting Washington, D.C.

November 14-16, 2019

The Real Message of Your Compensation Program

Ed Carpenter

Southern Indiana SHRM President-Elect

2020 Changes to Minimum Wage Laws

3 Ways Overtime Can Help Your Bottom Line

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U.S. salary budgets are projected to rise by 3.3% in 2020 www.HRProfessionalsMagazine.com Editor

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

The Thompson HR Firm, LLC Art Direction

Park Avenue Design Contributing Writers

William Carmichael Hee Won “Lena” Choi Audrey M. Calkins Harvey Deutschendorf Brad Federman Lindsey Fetzer Julie Henderson Stuart Jackson Blair and Bruce Johanson Sharlyn Lauby Thad McBride Jana Morrin Billy Sims Greg Siskind Christian Valiulis Janie Warner Board of Advisors

Austin Baker Jonathan C. Hancock Ross Harris Diane M. Heyman, SPHR Terri Murphy Susan Nieman Robert Pipkin Ed Rains Michael R. Ryan, PhD 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 www.hrprofessionalsmagazine.com. We do not accept unsolicited manuscripts or articles. All manuscripts and photos must be submitted by email to Cynthia@hrprosmagazine.com. Editorial content does not necessarily reflect the opinions of the publisher, nor can the publisher be held responsible for errors. 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. ©2019 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.

Features 4 note from the editor 6 Profile: Ed Carpenter, President-Elect Southern Indiana SHRM 7 How the SHRM Foundation is Helping to Get Talent Back to Work 13 ADP Dinner to Go 28 10 Things That Make a Difference in an HR Career 32 New Laws HR Pros Need to Know About for 2020 34 A Better Way for Companies to Handle Workplace Mistreatment 38 D ata Facts Ranked #1 in 2019 HRO Today’s Baker’s Dozen Ratings 39 Congratulations to These Newly Certified HR Professionals! 40 Book Look – You’re It: Crisis, Change, and How to Lead When it Matters Most

Top Educational Programs for HR Professionals 5 WGU Bachelor’s or Master’s Degree Fully Aligned with SHRM’s HR Curriculum 33 The University of Memphis – The Only AACSBAccredited Academic Training in HR Management in the Memphis Metropolitan Area

Compensation and Performance Management 12 Career Paths: 4 Ways HR Can Help Employees Succeed 14 Compensation Trends for 2020 16 What if Pay Was Based on Contribution? 24 The Real Message of Your Compensation Program

Employee Benefits 21 C ustomized Benefits Solutions for HR Teams and Brokers

25 Benefits Expertise to Help Manage Costs, Mitigate Risk and Engage Employees

Employment Law

10 Not So Happily Every After? Disney’s Gender Discrimination Lawsuit Based on the Equal Pay Act

18 Highlights from the 40th Annual Wimberly Lawson Labor and Employment Law Update Conference November 21-22 in Sevierville 20 Navigating Mental Disabilities in the Workplace

22 (Another) Big Bank Pays FCPA Penalty for Hiring Practices 36 New H-1B Registration Rule Raises Anxiety for Employers

Industry News

8 Highlights from the 10th Annual WTSHRM Human Resources & Employment Law Fall Conference November 5 in Jackson

41 SHRM-Memphis Chapter Meeting November 12 41 GMEBC November Luncheon November 4 in Memphis

42 Highlights from the 2019 HR Tampa Conference & Expo October 25

44 Highlights from the SHRM Volunteer Leaders’ Business Meeting November 14-16 in Washington, D.C. January 2020 issue features U.S. News Best Lawyers in Labor & Employment Law plus Updates in Employment Law and Employee Benefits Deadline to reserve space December 15

26 2020 Changes to Minimum Wage Laws 30 3 Ways Overtime Pay Can Help Your Bottom Line 46 7 Powerful Ways to Boost Team Performance www.HRProfessionalsMagazine.com

a note from the editor

What an exciting month November was starting off with the 10th Annual WTSHRM Conference November 5 in Jackson. This conference is held at the Carl Grant Events Center at Union University in coordination with The Law Firm of Rainey, Kizer, Reviere & Bell, P.L.C. You can see the highlights from the conference on Pages 8-9. We were so honored to be the official media sponsor for the SHRM Volunteer Leaders’ Business Meeting November 14-16 in Washington, D.C. There are so many highlights from the conference we are sharing on Pages 44-45. You can view our Facebook Live videos from all the conferences at Facebook.com/hrprofessionalsmagazine.com We are excited to bring you the highlights of the 2019 HR Tampa Conference held October 25 on Pages 42-43. This is our first year to bring you these highlights as Tampa just joined our distribution footprint this year. We ended this very busy month in Sevierville at the 40th Annual Wimberly Lawson Labor & Employment Law Update Conference. What a treat this was! The conference was held November 21-22 at the Sevierville Convention Center Wilderness at the Smokies. The drive was beautiful, and the Convention Center was also. We loved the glowing fireplaces and the twinkling Christmas trees throughout the Center. You can catch these highlights on Pages 18-19. It is the season of giving, so don’t forget to make your donation to the SHRM Foundation. During 2019 they provided 220 Certification Scholarships and 43 Academic Scholarships along with 8 Professional Development Scholarships! We also appreciate the work they are doing helping to get talent back to work including veterans and older workers. They are also working to make our workplaces more inclusive.

Cynthia and Charles on Capitol Hill with the SHRM Advocacy Team during the SHRM Volunteer Leaders’ Business Meeting November 14-16 in Washington, D.C.

I know you are going to enjoy reading the latest information on compensation and performance management in this special issue. Our focus in January 2020 will be employment law as we feature the U.S. News Best Lawyers in Labor and Employment Law. Please join us December 17 at 2 PM for our complimentary webinar sponsored by Data Facts. Our topic will be “Integrating Your Total Rewards Strategy and Organizational Strategy.”

Best wishes for a beautiful holiday season with your loved ones.

cynthia@hrprosmagazine.com @cythomps on Twitter

www.HRProfessionalsMagazine.com

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Ed CARPENTER on the cover

Southern Indiana SHRM President-Elect HR Indiana SHRM 2017 Chapter of the Year 2017 & 2019 SHRM Pinnacle Award Winner 2016, 2017 & 2018 Platinum SHRM Excel Award Winner In 2019, Ed became the worthy

After years of working for large corporations, Ed Carpenter, SHRM-SCP, chose to make a move to a smaller,

recipient of the Edie Goldberg schol-

family-owned business where the company values of serving others matched his own. Currently, Ed is

arship to attend the SHRM Annual

the corporate director of human resources for Superior Van & Mobility based in its corporate office in

Conference & Exposition. At his

Louisville, Ky. Superior Van & Mobility is an industry leader providing state-of-the-art mobility solutions

first SHRM Annual Conference

for the consumer and commercial transportation industry and a proud member of the National Mobility

& Exposition, in Las Vegas, NV.,

Equipment Dealers Association. Here, Ed delivers full support for all human resources functions for the

he was able to network and gain

company’s 10 locations. Ed attended Indiana University Southeast and has been working in the HR field

invaluable knowledge that helped

for more than 30 years.

him strengthen his ability to lead

Ed’s journey as a volunteer leader began in 2007 when he became president of his recently established local

as an HR department of one and

SHRM chapter, Southern Indiana SHRM. In 2008, Ed became SHRM-SCP certified. Through this certi-

become a strong volunteer leader.

fication, he was able to serve as an adjunct professor at Ivy Tech College, where he taught the SHRM Certi-

Ed actively supports the SHRM

fication Prep Course for seven years in addition to being a study group facilitator for his chapter. For several

Foundation’s Veterans at Work

years following, he served as the chapter certification director and workforce readiness director. In 2017, the

initiative and has been a strong

chapter celebrated its 10th anniversary, and its success and growth as a chapter won it the Chapter of the Year

advocate of the new Employing

at HR Indiana’s State Conference – making this anniversary celebration that much more memorable. This

Abilities @Work initiative.

momentum engaged and challenged members to make HR fun again, resulting in the chapter receiving its first SHRM Pinnacle Award that same year. In his motivation to help others, Ed became driven to learn more about the work of the SHRM Foundation. He sought out information to help educate his local members on opportunities including scholarships for HR professionals to prepare and achieve SHRM certification or to attend conferences for professional growth development. By creating an environment where events were fun and engaging, the chapter was able to gain visibility and help raise awareness of the SHRM Foundation’s work. The money that volunteers raised at the State Conference in 2018, helped the Indiana state council achieve recognition as the second-highest contributors that year. Currently, he serves as president-elect of his local SHRM chapter, is joining HR Indiana as the State Council’s SHRM Foundation director and will be chapter president for 2020 and 2021. 

www.HRProfessionalsMagazine.com

How the SHRM Foundation is Helping to Get Talent Back to Work The SHRM Foundation’s mission is to mobilize the power of HR and activate the generosity of donors to lead positive social change affecting all things work. The SHRM Foundation is committed to elevating and empowering HR as a social force by developing and providing evidence-based solutions that address workplace inclusion, by designing programs that inspire and empower the next generation of HR leaders, and by awarding scholarships and professional development grants in support of students and HR professionals. In 2019, the SHRM Foundation highlighted three untapped, high-potential pools of talent to lead positive social change through inclusive initiatives:

SHRM Foundation Veterans at Work (former service members) The SHRM Foundation identified veterans as a highly valuable part of a diverse and inclusive workforce and is dedicating resources to helping former service members integrate into the civilian workforce. This year, more than 9,500 HR professionals registered for the SHRM Foundation’s Veterans at Work certificate program sponsored by Comcast NBCUniversal. In partnership with PsychArmor Institute and subject matter experts at the Institute for Veterans and Military Families at Syracuse University, the Foundation developed the content for this certificate program, which is accompanied by a guidebook that provides the business case for hiring veterans—The Recruitment, Hiring, Retention & Engagement of Military Veterans by Deborah Bradbard and James Schmeling (SHRM Foundation, 2018). Through this certificate program, HR professionals, hiring managers and front-line supervisors are learning best practices associated with attracting, hiring and retaining these talented professionals and the skills veterans bring to the civilian workplace. Additionally, with the support of JPMorgan Chase & Co., the SHRM Foundation developed a complimentary digital toolkit providing additional high-quality, no-cost resources to aid veteran employment at each stage of the employee lifecycle— employer readiness, talent acquisition, hiring and onboarding, talent development and talent mobility. The certificate program is open to all, and, as an additional bonus, SHRM-CP and SHRM-SCP credential-holders can earn 10 professional development credits (PDCs) toward recertification. To learn more about this multifaceted program, visit shrmfoundation.org/veterans.

Getting Talent Back to Work (people with criminal records) Nearly 700,000 people are released from prison each year and often find themselves locked out of the job market. Those who have served their time should not be “re-sentenced” by employers, especially when businesses are experiencing a human capital crisis. In response to the First Step Act becoming law, this movement is the next step to getting those with criminal histories a fair chance at employment. The Getting Talent Back

to Work initiative, led by the Society for Human Resource Management (SHRM) and the SHRM Foundation, aims to end outdated, non-inclusive hiring practices. By using this toolkit, businesses and HR leaders are empowered to confidently evaluate applicants with criminal records; the toolkit equips them with the latest research, evidence-based best practices and industry guidance needed to reduce legal liability and increase inclusive hiring from this untapped talent pool. Almost 2,000 business leaders and 600 organizations have pledged to consider these candidates and offer those that qualify a second chance. To take the pledge, visit gettingtalentbacktowork.org.

Employing Abilities @Work (people with disabilities) To better understand how HR professionals can lead meaningful change for people with disabilities in the workplace, the SHRM Foundation partnered with the Workplace Initiative by Understood and SHRM to launch new research in October 2019. The Employing Abilities @Work Research Report examines the understanding of disability in the workplace, attitudes and opinions around disabilities in the workplace, disability inclusion initiatives, recruitment of those with disabilities, accessibility and accommodation, and training and capacity building. This research reveals the limited knowledge companies have about employees with disabilities, how to best support this high-potential labor force and what can be done to be inclusive of people with disabilities at work. With the unemployment rate for individuals with disabilities being almost double that of peers without disabilities (6.1% vs. 3.2%, according to Bureau of Labor statistics from September 2019), this initiative aims to expand awareness of employment challenges and strengthen the skills and abilities of professionals to hire, retain, and advance this high-potential labor force. A certificate program will launch in 2020 and will be entirely free and open to all. To read the research report and learn more about upcoming work in 2020, visit employingabilites.org. The SHRM Foundation is committed to elevating the knowledge of students and HR professionals. In 2019, the SHRM Foundation impacted the lives of more than 300 HR professionals and students by awarding more than half a million dollars in scholarships and awards, delivered to those seeking SHRM certification, learning and networking opportunities at SHRM conferences, or undergraduate or graduate degrees. These scholarships help educate and develop HR professionals and students to make change happen. On the local level, chapters and state councils were awarded more than $50,000 through Innovation Grants to help drive local veteran employment programs. Thanks to our generous donors, the SHRM Foundation is committed to creating life-changing experiences for those we serve so that they thrive and achieve their goals. Whether it is investing in state councils or chapters through the Innovation Grant program, or in HR professionals or students who without SHRM Foundation support would be unable to participate in a SHRM conference or further their education, the SHRM Foundation is committed to elevating and advancing the HR profession and, with donor help, transforming our vision to contribute to ensuring a world of work that works for all. To learn more about the great work of the SHRM Foundation, visit shrmfoundation.org. The SHRM Foundation is a 501(c)(3) nonprofit affiliate of the Society for Human Resource Management. www.HRProfessionalsMagazine.com

Working as a Team: FMLA Strategies – Do you h situations that you aren’t sure are being handled correc 10th Annual attorneys and experienced HR professionals will respo You’re invited to attend the Lunch is provided. Explore our impressive showcase of HR-related exhibitors

10th Annual

Registration Fee:

$100 for WTSHRM Members $125 for non-WTSHRM Me Join WTSHRM for only $25 at: wtshrm.org/join

WTSHRM.ORG

The registration deadline is Wednesday, October 30, 2019. Register early as seating is li You may pay by check or credit card.

November 5, 2019 Tuesday 8:00 a.m. to 4:00 p.m. November 5, 2019

Tuesday at

8:00 a.m. to 4:00 p.m.

Union University Carl Grant Events Center 1050 Union at University Dr.

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

Jackson, TN 38305

This program Presented by:has been approved for 6 recertification credit hours through HRCI a THE WEST TENNESSEE SOCIETY FOR HUMAN RESOURCE MANAGEMENT In coordination with: THE LAWby: FIRM OF RAINEY, KIZER, REVIERE & BELL, P.L.C. Presented THE WEST TENNESSEE SOCIETY FOR HUMAN RESOURCE MANAGEMENT Join us for an informative day where we will explore how to unlock your In coordination with: inner THEsuperhero, LAW FIRMincluding: OF RAINEY, KIZER, REVIERE & BELL, P.L.C. Grab It’s Time for Disciplinary Actions – Learn Join usYour for anCape! informative day where we will explore how to unlockhow yourto effectively and legally address employee discipline and conduct investigations. inner superhero, including: Headquarters is Calling: Employment Law Update – A survey of Grab Your recent changes Cape! to federal It’s Time and state for Disciplinary employment laws. Actions – Learn how to effectively and legally address employee discipline conduct investigations. Kaboom! Mediating Employment Disputes –and Explore mediation

Headquarters is Calling: Employment Law Update – A survey of strategies for employers to consider when attempting to resolve employment recent changes to federal and state employment laws. disputes. 1 2 Kaboom! Employment Disputes Explore–mediation It’s a Bird!Mediating It’s a Plane! - Employment Case –Studies An interactive strategies for discussion of recent employers employment to consider lawwhen cases attempting and the application to resolve of employment relevant disputes. and HR strategies. concepts Working It’s a Bird!asIt’s a Team: a Plane! FMLA - Employment StrategiesCase – Do Studies you have–sticky An interactive FMLA discussion that of recent employment cases and the application of relevant situations you aren’t sure arelaw being handled correctly? A panel of concepts and attorneys and HR experienced strategies.HR professionals will respond to your questions.

Working as a Team: FMLA Strategies – Do you have sticky FMLA Lunch is provided. Explore our impressive showcase of HR-related exhibitors. Great door situations that you aren’t sure are being handled correctly? A panel of prizes. attorneys and experienced HR professionals will respond to your questions. 3 4 Registration Fee: $100 for WTSHRM Members $125 for non-WTSHRM Members Join WTSHRM for only $25 at: wtshrm.org/join Lunch is provided. Explore our impressive showcase of HR-related exhibitors. Great door prizes.

WTSHRM.ORG

$100 for WTSHRM Members $125 for non-WTSHRM Members WTSHRM for only $25 wtshrm.org/join The registration deadline isJoin Wednesday, October 30,at:2019. Register early as seating is limited. You may pay by check or credit card. REGISTER NOW! WTSHRM.ORG

This program has been approved for 6 recertification credit hours through HRCI and SHRM. The registration deadline is Wednesday, October 30, 2019. Register early as seating is limited. You may pay by check or credit card. 5

This program has been approved for 6 recertification credit hours through HRCI and SHRM.

1 Dr. John Carbonell, President of WTSHRM, welcomes attendees. 2 Amy West, SHRM-SCP, SPHR, Director of TN SHRM, introduced the speakers. 3 (L-R) Geoffrey Lindley, Matthew Courtner, Latosha Dexter, and Rob Binkley. Geoffrey, Matthew, and Rob are attorneys with Rainey, Kizer, Reviere & Bell, P.L.C. Latosha is Deputy University Counsel at the University of Memphis. 4 The WTSHRM Board of Directors (L-R) Amy West, John Carbonell, Anna Higgs, Janice Shipman, Jennifer Howell, and Karissa Schemer 5 (L-R) John Burleson and Matthew Courtner presented “Grab Your Cape! It’s Time for Disciplinary Actions.” 6 Rob Binkley and James Thompson discussed “Headquarters is Calling: Employment Law Update.” 7 (L-R) “It’s a Bird! It’s a Plane! – Employment Case Studies” was led by Latosha Dexter and Geoffrey Lindley. 8

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8 John Burleson presented â&#x20AC;&#x153;Kaboom! Mediating Employment Disputes.â&#x20AC;? 9 - 14 Exhibitors 15 - 18 Attendees www.HRProfessionalsMagazine.com

Not so Happily Ever After?

Disney’s Gender Discrimination Lawsuit Based on the Equal Pay Act By HEE WON “LENA” CHOI

On April 2, 2019, two long-time female employees of the Walt Disney Company brought a class action lawsuit against the company on behalf of themselves and all others similarly situated in the Superior Court of the State of California, Los Angeles County. The lawsuit specifically alleges Disney’s violation of, among other things, the California Equal Pay Act.

Gender Pay Gap Alleged in Lawsuit Against Disney The two employees allege that “[w]hen it comes to paying women fairly, The Walt Disney Company, nearing its 100th year, is woefully behind times” and that women were paid far less than men for the same work. Specifically, plaintiff LaRonda Rasmussen, who was hired by Disney in 2008 as a Senior Financial Analyst, states that her annual salary was approximately $26,000 less than her male counterparts and nearly $50,000 less than the male Senior Managers at the company who were performing the same duties as her. The lawsuit alleges that when Rasmussen complained to Disney’s Human Resources department about the pay disparity, Disney HR informed her that the pay gap “was not due to gender.” Similarly, plaintiff Karen Moore, who is a Senior Copyright Admin Administrator and a 23-year employee of Disney, alleges that she was denied advancement opportunities and was paid less than male employees who were performing the same or substantially similar work as her. Approximately three months after the commencement of the lawsuit, four women joined the class action lawsuit alleging pay disparity at the company on the basis of gender. One of the four new plaintiffs, Enny Joo, has been employed by Disney since 1998 and alleges that she was denied promotions since 2000. Despite her stellar work performance, substantiated by her excellent performance reviews and praise from her supervisors, Joo was told to spend a year “proving” herself when she complained about her unfair treatment to her supervisors. Another plaintiff, Ginia Eady-Marshall, is a 15-year employee of Disney Music Publishing. Eady-Marshall alleges that while she performed the same duties as a male Director, Eady-Marshall was given a lower title and was paid $25,000 less than the low end of the range for her title. 10

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When Eady-Marshall raised such issues to Disney’s HR and requested a raise as well as a change in her title, Disney told Eady-Marshall that such request “was not warranted.” Since July 2019, four more female plaintiffs have joined the lawsuit, increasing the number of plaintiffs to ten. Although all ten plaintiffs hold various positions from different segments of the company (such as the Disney’s music label, Disney Music Publishing, Disney Pictures, and so forth), they all allege one thing: that Disney compensates women less than their male counterparts, denies women advancement opportunities, and places women in lower job titles as compared to male employees performing the same duties.

State Laws Augment the Equal Pay Act The facts alleged in the lawsuit against Disney are becoming increasingly common, and similar lawsuits have likely been encouraged in the wake of the claims of the U.S. women’s national soccer team, whose team members chanted “Equal pay, Equal pay” after winning the World Cup in July 2019. More states and local jurisdictions are enacting equal pay laws that provide protections in excess of the federal Equal Pay Act, signed over 55 years ago by President John F. Kennedy. The Equal Pay Act was one of the first federal laws addressing gender discrimination and was enacted even before Title VII of the Civil Rights Act of 1964, which prohibits employers from discriminating on the basis of “race, color, religion, sex, or national origin.” The Equal Pay Act aimed to eliminate pay discrimination on the basis of gender. To augment the protections afforded under the Equal Pay Act, more states and local jurisdictions are passing laws to remedy pay gaps on their own. For instance, the California Equal Pay Act expands the federal Equal Pay Act’s protections to include race and ethnicity as protected categories in addition to sex. Moreover, the California Equal Pay Act does not require a comparator to perform work on the same shift or time, or even at the same geographic location, but rather the determination is based upon whether the comparator performed “substantially similar work” when viewed as a composite of skill, effort, and responsibility. This is distinct from the federal Equal Pay

Act, which makes a comparator determination based on skill, effort, responsibility, working conditions, and establishment. According to the Equal Employment Opportunity Commission (EEOC), which enforces the Equal Pay Act, an establishment is a distinct physical place of business rather than an entire business or enterprise consisting of several places of business. Thus, an employee in California has a wider pool of employees to pick as a comparator for purposes of establishing his or her claim under the California Equal Pay Act, and employers must analyze pay disparity on a broader basis. Additionally, while the federal Equal Pay Act provides certain exemptions based on (1) a seniority system, (2) a merit system, (3) a system which measures earnings by quantity or quality of production, or (4) a differential based on any other factors other than sex, the California Equal Pay Act places the burden on the employer to show that such exemptions applied and that it applied such exemptions reasonably and that such exemptions account for the entire difference in wages. The California law also differs from the federal law in that it does not require an employee to exhaust administrative remedies and allows an employee to bring an action directly in court rather than an administrative agency.

• check all state and local law requirements regarding equal pay laws and do not assume the federal Equal Pay Act is the only law that applies; • ensure that the salary determination is only based upon an employee’s skill, effort, and responsibility; and • ensure that male and female employees (as well as employees of different races and ethnicities in California) performing substantially similar work are paid equally. Disney categorically denies all allegations and states that the lawsuit is meritless. Furthermore, Disney is opposing plaintiffs’ efforts to classify this action as a class action. The lawsuit is ongoing, and a hearing on Disney’s attempt to halt plaintiffs’ class action efforts is scheduled on December 11, 2019. The outcome of this lawsuit against Disney could resolve crucial pay disparity questions such as whether the title of an employee will be considered in making determination under applicable equal pay acts. Employers should closely watch this lawsuit and be prepared to undertake their own pay disparity analyses to avoid similar lawsuits.

Employer Considerations in Response to Equal Pay Statutes and Lawsuits As shown above, state and local equal pay acts are enhancing protections from the federal Equal Pay Act in a variety of ways. Based on this trend as well as the lawsuits such as this one against Disney, employers should consider the following key takeaways:

Hee Won “Lena” Choi, Attorney Martenson, Hasbrouck & Simon LLP lchoi@martensonlaw.com www.martensonlaw.com

Martenson, Hasbrouck & Simon LLP focuses its practice

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CAREER PATHS:

4 Ways HR Can Help Employees Succeed By SHARLYN LAUBY

At the heart of career paths is the commitment of the organization to help employees succeed. One area of the employee experience where organizations and employees agree is the future. Businesses hire employees hoping they will stay with them over time. And, employees want to know they have a future with the organization. This means that both organizations and employees want a career path. The term "career path" refers to the roles an employee can move into within the organization. For example, an employee could move up through management. There's also the concept of dual career paths, which allow employees to move up the organization within the same department, but one path is focused on the technical aspects of the job and the other on managerial. Either way, career paths are defined ways for employees to progress in their careers. In today's labor market, organizations can use career paths to help them achieve their talent management goals of promoting more talent from within, developing replacement and succession plans, and increasing employee engagement and retention.

HR's Role in Shaping Employee Career Paths For organizations to realize these benefits, however, HR departments need to consider adding a career path conversation to several activities in the employee life cycle. 12

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Recruiting: There's nothing wrong with talking about career paths with candidates. If a candidate is interviewing for a manager position, they will want to know if they could someday become a director. That doesn't mean they're going to lose focus on the position they're currently interviewing for. HR and talent acquisition departments will want to think about the right questions to ask during interviews and the appropriate moment to share career path information. Onboarding: Many organizations give new hires an onboarding roadmap that explains what they will learn during their first week, month and year. New employees also spend time with their manager to discuss performance expectations, goal setting and the performance management process. HR and learning departments could add information about career paths to orientation and onboarding. If it doesn't specify what the specific career paths are, it can at least cover when employees will learn about them in the context of their onboarding experience. Learning and Development: Every employee needs learning â&#x20AC;&#x201D; from compliance training to technical skills to soft skills. All training plays a role either in an employee's current role or a future one (or both). In addition, managers might conduct informal training with employees on policies and procedures.

an employee is leaving, but with the popularity of boomerang employees, it makes good business sense to consider it. Employees could leave the organization, gain skills they would never get inside the organization, then come back into a position of greater responsibility. HR departments should consider developing a formalized offboarding process, if they don't have one already. The program would focus on knowledge management, exit interviews, proper transition of organization items and leaving the door open for the employee to return.

Use Career Paths to Build Engagement and Retention At the heart of career paths is the commitment of the organization to help employees succeed. They do that by letting employees know that they have a future with the business and what that future might look like. Then, through employee activities like onboarding, training and development, the employee is reminded that they are successfully moving toward their career goals.

Learn More Our guide, Keeping Pace with the Evolution of Work, provides you with a view into what inspires people at work today and how you can win over the best talent.

Learning and development departments can include career paths in training program descriptions and in the actual learning objectives. A key principle of adult learning is to show how the learning impacts the job. Offboarding: It might seem counterintuitive to talk about career paths when

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COMPENSATION TRENDS FOR 2020 By BLAIR and BRUCE JOHANSON

PAY MINIMUMS According to the recent research by the National Conference of State Legislatures on state minimum wages for 2019 and 2020, eighteen states began 2019 with higher minimum wage requirements. Eight of the eighteen have prescribed 2019 minimum wage adjustments based on cost of living calculations and the remaining ten states’ automatic minimum wage levels are based on approved legislation or ballot initiatives. There are 46 states with stated minimum wage requirements, of which 17 have a rate of $7.25 or less. The remaining 29 states have required minimum hourly wages levels between $8.00 and $13.25. The 2019 average required minimum wage for the 46 states is $8.70, and the 2020 average required minimum wage will be $8.95 or a 2.9% increase. Living wage research and discussions are entering the work place, and they are influencing the pay grade and range minimums for the lower level unskilled and semi-skilled positions. Compensation professionals are completing living wage calculation research on websites inclusive of livingwage.mit.edu. The MIT site offers living wage calculations for one working adult with 0 to 3 children, two adults, one working with 0-3 children and two adults, both working with 0 to 3 children. Employers that endorsed living wage pay calculations are readjusting or increasing their lowest pay grade levels to align with regional living wage figures. The U.S. House of Representatives passed a “Raise the Wage Act” bill earlier this year on July 18th. This legislation which would increase the federal hourly wage minimum from $7.25 to $15.00 by 2025 was considered dead on arrival with the U.S. Senate in August of this year based on a no consideration decision by Sen. Lamar Alexander (R-TN), who chairs the Senate Committee on Health, Education, Labor, and Pensions. With the 2020 election year looming, the pressure to raise minimum hourly wages from $10 to $15 will increase at both the state and federal levels.

PAY COMPRESSION Several factors inclusive of rising state minimum wage requirements, labor supply and demand issues, shortage of skilled employees, and rising pay for unskilled retail workers are increasing the pay compression for employees’ pay and employer pay schedules. Most of the pay compression pressure is located in middle to low-end areas of employers’ pay plans and structures. 14

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Employers are eliminating lower level pay grades and ranges, adjusting pay grade and range plans or schedules to relieve pay compression issues, and re-establishing reasonable positions and pay separation structures to mitigate pay compression being caused by the factors mentioned in the previous paragraph. Also, employers are conducting time in position, years of service and market pay mean reviews for hourly wage positions to identify areas of pay compression and potential pay equity issues. After completion of a consistent and fair pay compression matrix, employers can evaluate the unique variables and circumstances for each employee to determine the reasoning for pay gaps within same positions whether perceived or real. Identifying and resolving unfounded or unsupported pay inequities is prudent and the right thing to do for your organization and employees.

PAY EQUITY Pay equity in 2020 will continue to be discussed in human resources departments across the country. With the high profile #Me Too movement and advocacy groups inclusive of the National Committee on Pay Equity, pay equity and related pay issues will stay in the forefront of human resources action steps for 2020 and beyond. The Society of Human Resources Managers (SHRM) and WorldatWork, professional human resources and compensation organizations have initiated pay equity support resources to help address and resolve pay equity issues. SHRM offers a “Managing Pay Equity” tool kit on its website, and WorldatWork held a 2019 Pay Equity Symposium in San Francisco earlier this year. National compensation aggregators Salary.com and PayScale offer pay equity articles, employer and employee resources and guides that can be downloaded from their websites. A progressive approach by employers is reasonable and timely with the amount of social, economic, regulatory and political awareness given to pay equity in the workplace. Pay equity extends beyond base pay and requires an analysis of total rewards for employees based on gender, race and age. Employers of choice are ahead of the pay equity curve by identifying and addressing pay equity issues before EEOC and OFCCP

investigators come onsite to complete their assessment of systemic compensation discrimination. Effective talent acquisition and retention starts with a pay equity understanding by employer human resources and recruitment specialists and it extends as competent employees are recognized and rewarded for achieving positive results that meet or exceed company goals and objectives.

compliance in anticipation of the 2016 Obama Administration DOL proposed overtime pay threshold of $47,476 which failed to be implemented when a federal judge ruled that the DOL exceeded its authority by raising the rate too high.

PAY – ECONOMIC DRIVER OR INFLATION TRIGGER PAY – NEW FEDERAL OVERTIME PAY THRESHOLD $35,568: That is the new annual overtime pay threshold figure that the U.S. Department of Labor (DOL) released on September 24, 2019. The DOL issued their ruling, and the new rate will become effective on January 1, 2020. To be classified as an exempt level employee, each employee must be paid at least the $35,568, which equates to $684 per week. The previous weekly figure was $455. In addition, the position that the employee holds must meet the Fair Labor Standards Act (FLSA) duties tests. For employees in positions that are paid under the new figure, employers are obligated to pay 1.5 times their regular hourly rate for any time over 40 hours worked in a workweek. Between now and the first of 2020 would be a great time to assess and reclassify any employees / positions that are in the gray or middle area to nonexempt or exempt status based on current pay and the duties tests. Employers may need to increase some employees’ pay to get them at/over the new rate, given that they meet the duties tests. Employers should be in a better position to comply with the new annual overtime pay threshold figure since they went through the motions for

With increasing employee pay minimums and annual average pay adjustments, will we see increases in economic indicators or will economists sound the alarms for wage push inflation? A good explanation for wage push inflation is found on the Investopedia website. Investopedia, a member of the Dotdash publishing family strives to empower every person to feel in control of their financial future. Our editors and experts have been simplifying complex financial information and decisions for readers since 1999. The site explains how wage push inflation is caused by employers maintaining their corporate profits by passing expenses associated with wage increases to consumers for products and services. The push and pull of wage push inflation is equalized when consumers have more money to purchase goods and services. This chicken and egg scenario will show its reality as employee wages increases due to increases in state minimum wage, living wage influenced pay adjustments and the natural supply and demand for skilled and competent employees.

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What if Pay Was Based on Contribution? By BRAD FEDERMAN

Not all are created equal.

Fear of discrimination

Think about that for a moment. This statement rings true in almost all aspects of life. A Maserati is not priced the same as a Nissan Versa. A home near a school in a safe neighborhood is priced differently than a similar home in a crimeinfested area. A laptop has a higher purchase price than a comparable desktop. Two companies being acquired at the same time may sell for wildly different purchase prices.

Companies worry about discrimination and the perception of discrimination. Lawsuits are costly and divert attention away from the business via depositions, court filings and more. For instance, last year Humana paid out $2.5 million in a settlement they reached with the OFCCP.

How do we determine the difference? In one word; value.

In an effort to avoid lawsuits, employers are meticulous when standardizing pay systems. Typically, you see three types of pay structures:

Value is defined as:

Broadbands

• The monetary worth of something; market price

Broadbands are pay bands. The minimum and maximum pay ranges for these bands are broad. This was a common form of pay structure when employees stayed with the same company for extended periods of time. A pension plan or company-provided retirement was more common then.

• A fair return or equivalent in goods, services, or money for something exchanged We determine value on goods, services, and yes, even talent. We struggle with the concept of compensation. In today’s work environment, we distinguish pay based on job and job title. However, we are uncomfortable talking about and working through pay discrepancies between individuals in the workplace. There are several reasons for these concerns including the following: • Lawsuits: The litigious nature of our society • The equal pay for equal work movement • Fear of discrimination While all three of these issues are interrelated, they each have a distinctive aspect.

Lawsuits It is commonplace for employees to sue employers, and there are thousands of EEOC complaints each year. Ironically, the number of cases has not declined over the years. The EEOC states, “The right of employees to be free from discrimination in their compensation is protected under several federal laws, including the following enforced by the U.S. Equal Employment Opportunity Commission: the Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and Title I of the Americans with Disabilities Act of 1990.”

Step Structures This is a pre-arranged, scheduled form of pay. An employee’s pay starts at a fixed point and increases to a higher fixed point over time. This type of pay structure is based heavily on tenure and was effective for the time when it was commonly used. There are current exceptions, such as police officers and firefighters, in which this pay structure is still used quite effectively. Step structures are generally not appropriate for shorter-term employment relationships. They do not provide the flexibility needed for fast-changing industries and market-responsive companies.

Grades and Ranges Pay grades are used to generate the amount workers will be paid in a given job. These pay grades are most often based on experience and education. Grades are a set of ranges that are mathematically aligned to one another. Like jobs/roles are clustered together within grades based on the market rate, level of responsibility, and value to the organization. It is important to note that ranges are tighter than broadbands.

Our laws regarding compensation discrimination include all payments made to or on behalf of employees as remuneration for employment. All forms of compensation are covered. This includes salary, overtime, bonuses, stock options, profit-sharing and bonus plans. It also includes benefits such as life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, health care, etc.

If there’s a disparity in pay, an employer must prove that it’s justified by:

Equal Pay for Equal Work

Because an employee’s compensation is typically based on the market-value of a job and experience level, most company’s pay structures are based on the work the employee is doing and the number of years that person has worked.

The Equal Pay Act requires that men and women be given equal pay for equal work in the same workplace. While jobs need not be identical, the work must be substantially equal. Factors affecting the pay evaluation process involve the following: • Skill • Effort • Responsibility • Working conditions • Establishment (a distinct physical place of business and not the entire enterprise) 16

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• Seniority system • Merit system • Pay system based on quantity or quality of output; or • Any factor other than sex

However, we have all known people with thirty years of experience and some with one year of experience repeated thirty times. All time in the workplace is not utilized equally. Why do we treat it this way? The simple answer: it is clean and seems objective. It reduces the chances a company will receive a complaint or be sued. Using this process creates the appearance of inclusivity and a lack of discrimination. However, we also lose something in this process. We have lost our emphasis on merit.

Unfortunately, the loss of emphasis on merit has created an incentive for employees to move from job to job to strategically increase their pay. Merit means to deserve or be worthy of something such as a reward, punishment, or attention. When we are no longer able to truly focus on merit, we reward loyalty, education, and resume experience. We have all seen low to average performers who seem to consistently land great jobs. One explanation for this phenomenon is the approach to compensation, evaluations and rewards.

Contribution Levels A different way to think about careers, career progression and compensation is to view it through the lens of contribution. What does an employee actually contribute to an organization? There are four core ways an individual contributes to its company.

Learner Learners are like sponges. Their role is to listen, learn, demonstrate reliability, follow direction and easily adapt to new ideas. This is also the time to learn about the culture of an organization, team or function. Employees contributing in this manner are typically new to the company or new to their role. During initial training, these employees cost the company money, or in a best-case scenario, a break-even situation. Companies invest in new employees with hopes of leveraging their talents in the future.

Individual Contributor Individual contributors deliver results. These are the employees that put their skills to work. They are not only reliable but they are also credible. They have invested time developing their expertise and internal company network. Individual contributors are independent, effective, and build their reputation based on the quality of their work. As they progress, they can become problemssolvers and innovators.

Leader/Coach Leaders transition from doing work to working with and through others. Leaders focus on removing barriers for their team and individuals. Leaders spend much of their time coaching and influencing people and growing the bench strength of their team. Their focus is on broadening their perspective, expanding their knowledge base, and promoting cross-team collaboration. Leaders also develop strong external networks, such as industry contacts, that help keep their organizations aligned with trends.

Visionary Visionaries are rare. These are the executives that inspire change, direct strategy, and communicate the direction of the company. Visionaries think at an enterprise level and promote innovation. They scrutinize the landscapes of the economy and their industry, as well as the competencies and capabilities within their organization to create growth and form alliances with partners, suppliers and customers. These players have varying worth within an organization. Bill Gates was under thirty when he filled the visionary role, with one statement, “A computer on every desk, and in every home, running Microsoft software.” He had little experience and was a college dropout, which shows that age, education and experience should not be factors that determine value. Contribution can be measured. Isn’t it time we start paying based on contribution? After all, not all are created equal.

Brad Federman, CEO PerformancePoint LLC bfederman@performancepointllc.com www.performancepointllc.com

Engaged Employees. Resilient Relationships. Collaborative Cultures. • C ustomer and Employee Experience • Compensation Strategies • Strategic HR (Analytics) • Leadership & Talent • Diversity & Inclusion • Change & Transformation

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Wimberly Lawson Attorneys Watch our Facebook Live videos from the conference at www.facebook.com/hrprofessionalsmagazine.com

Save the Date – November 12-13, 2020

Highlights from the 40th Annual Wimberly Lawson Labor & Employment Law Update Conference November 21-22, 2019 | Sevierville, TN

9 1

1 Jeffrey G. Jones, Firm Managing Member, was the “man behind the mic,” announcing general session speakers. 2 Fredrick R. Baker, emcee for the Conference, welcomed attendees and provided the Conference kick-off. 3 Fredrick J. Bissinger, Regional Manager Member of the Nashville office, presented the EEOC Update 2019 and was also a breakout speaker. 4 Dr. Jerry Punch, former ESPN auto racing and college football analyst/commentator and physician, was a keynote speaker.

5 Mary C.Moffatt presented “The Rise of Gen Z in the Workplace.” She was also a breakout speaker. 6 (L-R) Rebecca B. Murray and Mary Dee Allen presented “Why Boundaries Matter in the Workplace.” Tyler Dunn attended the session. 7 Jerome D. Pinn led a general session presentation on “FLSA: Wage & Hour Nightmare Scenarios.” 18

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Wimberly Lawson Attorneys

Save the Date – November 12-13, 2020

8 Michael E. Avakian was a co-presenter in a breakout session providing a DOL Update. 9 Brent A. Morris led a general session on “The Insider’s Look at Litigation and Claims.” 10 Elizabeth K. Dorminey was included in the EEOC Update Panel Discussion.

11 (L-R) Marianna Jablonski, Eric Ebbert, and Kelly A. Campbell presented “Nancy Drew… or Inspector Gadget? Conducting Effective Internal Investigations” in a breakout session. 12 “Social Media in the Workplace – the Changing Landscape” was presented by David J. Otten in a general session. 13 Jeremy Jennings led a breakout session on “Immigration, E-Verify and I-9.”

14 “Avoiding the Train Wreck: Proactive Steps to Avoid Bullying” was presented by Andrew J. Hebar. 15 Rosalia Fiorello was a co-presenter at a breakout session on “Tennessee Workers’ Comp Update.” 16 G. Gerard Jabaley led the closing general session with “Tempests and Turkeys: Communicating on Volatile Issues.”

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Navigating Mental Disabilities in the Workplace By STUART JACKSON

According to the National Alliance on Mental Illness (NAMI.org), more than 47 million adults experience mental illness in any given year. Additionally, NAMI states that 11 million adults experienced “a serious mental illness” in 2018. That translates into a massive number of applicants and employees nationwide who might be in need of an accommodation in any given year. Chances are, you have one or more applicants or employees right now who are currently battling a mental health issue. What should you do to accommodate these individuals appropriately and legally? This article will address a) the types of mental impairments that your applicants and employees may face, b) how to properly obtain the information you need about those impairments and c) how to accommodate those impairments. Types of Mental Impairments Your Applicants and Employees May Face There are any number of mental impairments that can impact a person’s ability to do his or her job, such as: 1. Depression; 2. Obsessive compulsive disorder; 3. Post-traumatic stress disorder; 4. Bipolar disorder and borderline personality disorder; 5. Seasonal affective disorder; 6. Learning disabilities; and 7. Anxiety. 20

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These impairments can impact people in a variety of ways – some may have problems concentrating, some may have organizational issues, some may have attendance issues, some may have problems interacting with others and some may have time management issues. How to Properly Obtain Information About Employee Impairments While the existence of a mental impairment might be revealed during the application process – perhaps requiring modifications to a pre-employment test for a learningdisabled applicant – it more often comes up when there is a job performance issue. Perhaps, in response to a write-up or a poor evaluation, an employee discloses that he or she has a mental impairment. Or, in response to disciplinary counseling about tardiness, an employee reveals that he or she suffers from depression and has a hard time getting out of bed. How do you respond? Your first step will be to request additional information from the employee. Given that mental impairments are not obvious, you are entitled to request information from the employee’s doctor or mental health professional. One option for doing so is to put your request in writing – while describing the employee’s essential job functions and the fact that the employee has disclosed the existence of a mental disorder, ask a) whether the employee can perform the essential elements of the job, with or without accommodation; b) the

expected duration of the impairment; and c) for any suggested accommodations. Ask the doctor or mental health professional to respond in writing (perhaps on the form you provide) by a set, but reasonable, date. To ensure compliance, talk to your attorney before sending out the request. Be sure to include the Genetic Information Nondiscrimination Act (GINA) disclaimer at the end of any written letter to a doctor or mental health professional. The Equal Employment Opportunity Commission’s (EEOC) model language states: The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, we are asking that you not provide any genetic information when responding to this request for medical information. `Genetic information,’ as defined by GINA, includes an individual’s family medical history, the results of an individual’s or family member’s genetic tests, the fact that an individual or an individual’s family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual’s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.

Failing to include that safe harbor language could subject you to an EEOC charge. Finally – and this should go without saying – any information you obtain from the individual or the doctor/mental health professional must be kept confidential. Do not keep any type of medical information in an employee’s regular personnel file. How to Accommodate Mental Impairments One of the most obvious ways to accommodate (in the general sense) a current employee with a mental impairment who is currently unable to work or needs time for treatment is to offer the employee leave, whether it be Family and Medical Leave Act (FMLA) leave or some other type of leave. The United States Department of Labor’s Office of Disability Employment Policy offers several other good suggestions for potential accommodations, which could apply to applicants or current employees, including: 1. Flexible workplaces (think telecommuting or working from home);

2. Flexible hours, such as part-time work hours, job sharing and flexible start and end times; 3. Modifications to the work area, including private areas in which to work, reduction of workplace noise and even natural or full spectrum lighting; 4. Modifications to job duties, including modifying or removing non-essential job functions, dividing large assignments into more discrete tasks or goals and additional training or modified training materials; and 5. Changes to the way employees are managed, including using written tools such as “to do” lists or step-bystep checklists, using different types of communications (verbal, written or both) to convey work instructions and weekly or monthly meetings to discuss work issues. Another possible accommodation to consider is a transfer to an open job,

although you are not legally required to create a job for a disabled person. Every accommodation situation will be different, requiring you to sit down with the employee and discuss options that might work. While some amount of leave time might be the ideal accommodation in one case, a flexible work schedule or “to do” lists might be the best options in another. Regardless of what is decided, be sure to document both your discussions with the employee and your attempts to accommodate the employee’s disability. Don’t be overwhelmed or intimidated by a request to accommodate an employee with a mental impairment. Obtain the information you need to make a reasonable decision and, by all means, talk to the person about ways to get or keep him or her on board.

Stuart Jackson, Partner Wright Lindsey Jennings sjackson@wlj.com www.wlj.com

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(Another) Big Bank Pays FCPA Penalty for Hiring Practice By THAD MCBRIDE & LINDSEY FETZER

• A payment to a government official can take many forms. • The SEC charges bank for books and records violation even absent a bribery charge. • Industry-wide enforcement is a continuing tactic for U.S. regulators. On September 27, 2019, Barclays PLC agreed to pay $6.3 million to the Securities and Exchange Commission (SEC) to settle charges that Barclays violated the books and records and internal accounting controls provisions of the Foreign Corrupt Practices Act (FCPA). The Barclays settlement fits a pattern of recent U.S. government enforcement against companies, particularly in the financial services sector, relating to FCPA violations stemming from hiring or providing internships to relatives and friends of government officials. Penalties have been significant – for example, Credit Suisse Group AG paid a $47 million penalty in 2018 as part of a Justice Department FCPA investigation into their hiring practices in Asia. We previously wrote about this issue in an August 2015 article about a settlement related to the hiring practices of Bank of New York Mellon. The Barclays matter is a useful reminder of three things: 1. What constitutes the giving of a thing of value to a government official is broadly interpreted and goes beyond simply giving money or a gift or other tangible thing directly to an official. 2. The SEC can – and will – enforce the FCPA when there are deemed to be violations of the books and records provisions of the law, even if no charge of bribery is brought in the matter. 3. The U.S. government continues to pursue industry-wide enforcement under the (apparently accurate) belief that what one company does in a specific industry is likely something that many companies in that industry also do. Barclays Hired More Than 100 Insiders The SEC charged that, from 2009 and until August 2013, Barclays hired 117 individuals connected to foreign government officials or business clients to fill positions within its AsiaPacific operations. The SEC also asserted that Barclays falsified employment records in an effort to conceal the true identity of the individuals and the basis for their hiring. According to the SEC, many of these individuals were relatives or friends of government officials, and executives of Barclays’ clients and were hired as a personal benefit to those officials and executives. It is alleged that Barclays engaged in this practice with the specific goal of gaining a business advantage within the relevant markets and with the relevant clients. A Parallel, Unofficial Internship Program Established to Facilitate the Hiring Effort The SEC indicated that a senior executive within Barclays Asia Pacific Region (APAC) created an unofficial internship program for Barclays South Korea that was parallel to but entirely separate from the official Barclays internship program. Around half the interns in this parallel internship program had a connection to Barclays’ clients. 22

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In fact, the executive responsible for the parallel internship program said, “the key factor behind relationship hiring decisions was what business the client could deliver to the bank.” The executive also intimated that hiring decisions were based, at least in part, on how important the client was, whether the hire would strengthen business relationships, and whether hiring the candidate would foster further business for Barclays APAC. Eventually, these hiring practices were extended beyond South Korea to other APAC countries. Compliance Personnel Did Not Act to Halt These Employment Practices In announcing the settlement, the SEC highlighted the fact that an existing Barclays policy explicitly addressed anti-corruption risks related to hiring decisions. Yet the SEC also emphasized that, despite becoming aware of these hiring practices in June 2009, APAC compliance officers took no action to halt the hiring effort. The improper hiring effort continued notwithstanding compliance reviews conducted by Barclays APAC in 2011 and 2012. For example, in 2012, Barclays APAC hired the daughter of a government official at a regulatory agency following a referral by an executive of a stateowned entity. This hire occurred even though compliance officials were aware Barclays was competing for a $2 billion bond issuance with the state-owned entity. Shortly after the hire, Barclays secured the bond deal and made just over $300,000 in fees. Anything of Value to Recipient Can Trigger Liability under the FCPA While these internships presumably did not lead to a direct monetary benefit for the government officials whose relatives received internships, the awarding of an internship undoubtedly is something of value. Barclays

certainly seems to have considered the internships to be valuable: the executive who ran the internship program apparently viewed them as a direct quid pro quo for winning more business. Industry-specific Enforcement Remains a Tactic As noted, Barclays is not the only financial institution that has resolved FCPA violations involving the sort of conduct at issue here. We have now seen the U.S. government’s tactic of pursuing enforcement action against multiple actors in the same industry, for the same or similar conduct, play out in the context of the offshore oil drilling industry, the medical device industry, and the pharmaceutical industry. We expect this sort of industry-wide focus to continue. Books and Records Violations May Lead to Penalties Even Without a Bribery Charge A bribery charge may be more eye-catching than a charge based on a violation of the FCPA’s books and records and internal controls provisions. Nevertheless, companies must remember that a lack of controls and inaccurate books and records can also expose them to significant penalties. For example, in 2018 medical device company Stryker Corp. paid a $7.8 million penalty to the SEC for insufficient internal accounting controls and inaccurate books and records. In fact, it is often SEC penalties and/or disgorgement that have the most negative impact on a company’s bottom line. If you have questions or would like further guidance related to FCPA penalties, please contact the authors. *Thad and Lindsey would like to thank law clerk Nathan Hamill for his assistance in preparing this article. It quite literally would not have been written without Nathan’s excellent work. This content originally published on October 24, 2019 on the Bass, Berry & Sims GovCon & Trade blog. The GovCon & Trade blog features news, commentary and insight on the demanding and ever-changing regulatory environment of contracting with federal, state and local governments, and international trade issues when conducting a global business. For more information and to sign up, please visithttp://www.bassberrygovcontrade.com.

Lindsey Fetzer is a member at Bass, Berry & Sims PLC in the firm’s Washington, D.C., office. She focuses her practice on white collar and corporate compliance matters, including healthcare fraud and abuse issues, representing clients in foreign and domestic matters involving the DOJ, the SEC, and other primary enforcement agencies. She can be reached at lfetzer@bassberry.com.

Thad McBride is a member at Bass, Berry & Sims PLC in the firm’s Washington, D.C. office. He counsels clients on compliance with and investigations involving the FCPA, economic sanctions and embargoes, export and import controls, and other U.S. trade laws. He may be reached at tmcbride@bassberry.com.

GO CONFIDENTLY. Bass, Berry & Sims listens and responds with creative yet practical counsel. We stay on pace with the complex and rapidly evolving employment landscape, connecting your dynamic human resources needs to proactive strategies. Relationships, reliability, and respect – at the center of our Labor & Employment and Employee Benefits practices.

Stay up-to-date on the latest in HR Law. Visit our blog at bassberryhrlawtalk.com.

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The REAL Message of Your Compensation Program

By JANIE WARNER

It’s that time of year – again! The time when Human Resources executives examine their payroll budgets and crunch numbers to determine who, what, when and how much each employee will be compensated over the next year. It’s a daunting task and one that should take months (not days) to plan and execute. Often, the emphasis is on “what the market will bear” or “correct market position”. These are good things – but they are usually NOT the message employees hear when they are given their total compensation package. Your organization sends a VERY clear message to employees by your pay strategy. And it may not be the one you think you are sending!

Sound familiar? These are very common scenarios in all types of industry. What can be done? To be sure, there are very legitimate business reasons why pay raises are not given in any calendar year. Additionally, it’s very common to give uniform pay raises. And way too many employers believe they can keep employees longer by throwing more money at the departing worker. However, how we communicate these realities is usually what makes the biggest difference. Positioning our pay strategies in order to send the BEST message is paramount – especially in today’s booming economy.

What the Employee hears: “The Company is not doing well. The company may not be in business next year. Employees better start looking for another job!”

Let’s face it: the vast majority of employees work because they need the paycheck. And each time they see that check (or more commonly, that direct deposit), they are getting a message from their employer. Your job, then, becomes how best to craft that message so that employees are convinced of their value to the organization. In an article on hrdailyadvisor.blr.com Bridget Miller states, “When employees feel valued, they’re more likely to remain loyal to the organization, even if it’s not perfect.” Further, she observed one of the best ways to make sure employees feels valued is to “Communicate well and frequently. Keep them in the loop on what’s happening at the organization. With a high level of transparency, employees will feel trusted and feel as though they’re an important part of the company. (Keeping secrets does the opposite.)”

• Company: “Thank you to every employee who made this past year so great! We are pleased to announce that all employees will receive a 3% pay increase beginning with the first payroll of the New Year.”

Employees need to TRUST the messages you are sending. When your communications are ambiguous (like the examples cited above), employees will make up their own information and believe that your organization does not value their work and contributions.

What the Employee hears: “No matter how hard you worked – or how much better you may have performed than some of your co-workers, you do not deserve extra recognition or reward. You are no better than any other employee and therefore you only get what everybody else gets.” Or “You were a terrible employee, but you still get the same pay increase as the best performer in the company. You are so lucky!”

Determining pay scales, market rates, relative internal equity and job pricing is actually the easy (but technical) part of the equation. Being certain the correct message is sent to your employees is the much more difficult. Spend as much time crafting your communications as you do determining pay rates. Only then can you rest easy knowing that your “greatest assets” truly understand their worth.

Consider these conflicting messages: • Company: “Because we had slower than expected growth in the 4th quarter, we will not be giving pay increases in January as is our usual custom.”

Ultimately, that message will resonate all the way to the bottom line.

• Company: “We heard you have resigned for a better paying job. We will pay you more if you will stay.” What the Employee hears: “You weren’t worth as much yesterday because we didn’t think you were good enough for someone else to want you. We will only offer you more money because you figured out that we pay as little as possible until you decide to leave.” 24

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Janie Warner, SHRM-SC National HR Practice Leader McGriff Insurance Services, Inc. 501.661.4876 janie.warner@mcgriffinsurance.com

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2020 Changes to

Minimum Wage Laws By AUDREY M. CALKINS

ome state legislatures have decided to put more money in employees’ pockets by implementing minimum wage increases that will take effect in 2020. Understanding the federal, state, and local (including city or county) wage laws applicable to your company’s employees will help ensure that your pay practices comply with the law. This article aims to arm you with the information you need to ensure that your company complies with federal and state minimum wage laws in the new year. If your company has employees in states other than those listed in this article, the U.S. Department of Labor’s state minimum wage map, https://www.dol.gov/ whd/minwage/america.htm#stateDetails, can be a starting point for your review of state minimum wage changes going into effect in 2020.

Is Your Company A Covered Employer? The Fair Labor Standards Act (“FLSA”), which contains the federal $7.25/hour minimum wage discussed below, covers employees in two ways: “enterprise coverage” and “individual coverage.” First, the FLSA covers employees working for certain businesses or organizations (“enterprises”) that have at least two employees and either (1) do at least $500,000 in business annually or (2) are hospitals; businesses providing medical or nursing care to residents; schools and preschools; or government agencies. Second, in the absence of enterprise coverage, the FLSA covers individual employees if their work regularly involves them in interstate commerce—a broad definition that covers nearly all employees. See https://www.dol.gov/whd/regs/compliance/whdfs14.htm. Because Alabama, Florida, Louisiana, Mississippi, and Tennessee have no state-specific minimum-wage-coverage law, the FLSA’s coverage law applies to employees in those states. The below four states have statespecific laws regarding minimum wage coverage:

Minimum-Wage-Covered Employers Under State Law ARKANSAS All employers with at least four employees are covered except for those specifically exempt by statute, which include (1) independent contractors; (2) workers employed by the federal government; (3) students working for schools where they regularly attend classes and are enrolled; and (4) certain hand-harvest laborers paid on a piece-rate basis. See https://labor.publishpath.com/Websites/labor/images/ May29MinWageRegs2.pdf. GEORGIA All employers with at least six employees are covered except for those specifically exempt by statute, which include (1) employers with less than $40,000 in annual sales; (2) employers of domestic employees; and (3) employers who are farm owners, sharecroppers, or land renters. Ga. Code Ann. § 34-4-3(a)-(b). 26

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KENTUCKY All employees are covered by the state minimum wage law except for those specifically exempt by statute, which include (1) agriculture workers; (2) federal workers; (3) exempt outside collectors; and (4) those employed in domestic service in or about a private home if more than one domestic servant is regularly employed. See Ky. Rev. Stat. Ann. §§ 337.010(1)(d), (2)(a); https://labor.ky.gov/ standards/Pages/Wages-and-Hours.aspx NORTH CAROLINA All employees are covered by the state minimum wage law except for those specifically exempt by statute, which include (1) employees covered by the FLSA; (2) certain exempt employees; (3) certain computer-related workers; and (4) agriculture employees and those employed in catching, processing, or first selling seafood. N.C. Gen. Stat. §§ 95-25.2(5), 95-25.3, 95-25.14. For a full list of covered employers (or employers exempt from coverage) under state law, please see the citations above. The rest of this article assumes that your company is a covered employer under federal or state law—which is likely the case. Regardless, applicability of minimum wage laws is the first step in your review of your company’s payment procedures.

Federal Minimum Wage Effective July 24, 2009—over a decade ago—the federal minimum wage rose to $7.25/hour. Wage-and-hour laws divide employees into two categories: exempt and non-exempt. (As of January 1, 2020, exempt employees must be paid a salary of at least $684 per week ($35,568 annually) and meet a duties test that places their job within one of the delineated exemptions in the FLSA. See https://ogletree.com/ insights/2019-09-24/finally-the-final-part-541-rule-35568-is-the-newsalary-threshold-for-exempt-employees/.) This article will focus on non-exempt employees, who must be paid at least the applicable minimum wage per hour. While exceptions to the federal minimum wage obligation exist (including tipped employees, workers with disabilities, full-time students, youth under age 20 in the first 90 consecutive calendar days of their employment, and studentlearners), this article focuses on the generally applicable minimum wage in nine Southeastern states: Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, and Tennessee. Importantly, if an employer is subject to both state and federal minimum wage laws, the employee is entitled to the higher minimum wage. See https://www.dol.gov/ whd/minwage/q-a.htm.

Minimum Wages for Southeastern Employees 1. ALABAMA Alabama does not have a state minimum wage. As such, covered employers must pay non-exempt employees the federal minimum wage of $7.25/hour. 2. ARKANSAS Arkansas’ 2019 minimum wage is $9.25/hour, and it will go up on January 1 for the next two years. See https://www.labor.arkansas.gov/ minimum-wage-and-overtime. Effective January 1, 2020, Arkansas’ minimum wage will be $10.00/hour. 3. FLORIDA Florida’s 2019 minimum wage is $8.46/hour, and Florida law requires the Florida Department of Economic Opportunity to calculate a minimum wage rate each year based on inflation. See http://www.floridajobs.org/ business-growth-and-partnerships/for-employers/display-posters-andrequired-notices. Effective January 1, 2020, the minimum wage in Florida will be $8.56/hour.

Help! My Company Employs Employees in Multiple States! Many employers have employees working in multiple states (e.g., working in Florida and Georgia), or who work in only in one state that differs from the state where the employer is based (e.g. Georgia company with a Florida employee). Because the location of employees’ work determines the applicable minimum wage, an employee working in Florida and Georgia should be paid the Florida minimum wage for work performed in Florida and the Georgia minimum wage for work performed in Georgia. A Georgia-based company must pay its Florida workers at least Florida’s minimum wage. Additionally, employers must pay the applicable wage most generous to the employee. For example, if an employee works in a state with a minimum wage of $10.00/hour, but the city where they work has a $11.00/hour minimum wage, the employee should be paid $11.00/ hour. Remember that these minimum wages set the floor for compliance, and some states’ wages increase in January or July each year. As such, remaining cognizant of the changing wage landscape can help ensure your compliance with wage and hour laws.

4. GEORGIA Georgia’s minimum wage is $5.15/hour—less than the federal minimum wage. Georgia employers subject to the federal minimum wage must pay their employees $7.25/hour. See Ga. Code Ann. § 34-4-3(c); https://dol. georgia.gov/minimum-wage. 5. KENTUCKY

Audrey M. Calkins, Associate Ogletree Deakins Memphis audrey.calkins@ogletree.com www.ogletree.com

Kentucky’s minimum wage is $7.25/hour. See https://labor.ky.gov/ standards/Pages/Wages-and-Hours.aspx. If the federal minimum wage increases above the state minimum, the state minimum increases to the same amount as the federal rate. See Ky. Rev. Stat. Ann. § 337.275(1); http://205.204.196.14/dows/doesam/pw/Pages/Prevailing-Wage.aspx. 6. LOUISIANA Louisiana does not have a state minimum wage. As such, covered employers must pay non-exempt employees the federal minimum wage of $7.25/hour. See http://www.laworks.net/LaborLawInfo.asp.

One Area of Practice. One Focus.

7. MISSISSIPPI Mississippi does not have a state minimum wage. As such, covered employers must pay non-exempt employees the federal minimum wage of $7.25/hour. See https://mdes.ms.gov/employers/unemployment-tax/ employer-resources/employment-issues/.

The Kullman Firm has engaged in the practice of labor and employment law on behalf of management since 1946.

8. NORTH CAROLINA

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North Carolina’s employees must be paid at least $6.15 an hour or the federal minimum wage, whichever is higher. See N.C. Gen. Stat. § 95-25.3(a); https://www.labor.nc.gov/workplace-rights/employee-rightsregarding-time-worked-and-wages-earned/minimum-wage-nc. Accordingly, the applicable minimum wage in North Carolina is $7.25/hour.

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Offices in Louisiana, Mississippi, Alabama, Tennessee, Florida, and Colorado.

9. TENNESSEE Tennessee does not have a state minimum wage. As such, covered employers must pay non-exempt employees the federal minimum wage of $7.25/hour. See https://www.tennessean.com/story/money/2019/05/03/ tennessee-minimum-wage-unchanged/3004107002/.

www.kullmanlaw.com

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10 Things That Make a Difference in an HR career BY BILLY SIMS

The following are my Top 10 â&#x20AC;&#x153;Line of Sightâ&#x20AC;? suggestions to any Human Resource Professional as they go through their career and develop as a leader in HR.

1. Care about your people. You must care about both your internal HR team and the many employees that you serve. As HR Professionals we need to show that we care about employees by showing respect and concern, both professionally and personally.

2. HR staff will be held to a higher standard than most. Due to the nature of your job, you need to always have a high benchmark for your ethics and work performance. Be mindful that others are watching and be the leader you are expected to be.

My career has spanned over 40+ years beginning with working in the underwriting department, moving into Human Resources for the next 35 years, and finally serving as

3. Be a positive light in your organization. You should be a person that is an encourager that helps to make an organization and its people better. Positive and productive feedback will help people grow, feel appreciated, and boost their performance.

a senior executive in the operations area for one of the leading life insurance companies. During this time, I had many positive and negative experiences. Developing into a leader in the Human Resource profession took many

4. Train, educate, and develop/coach your team. Your team needs to have the depth and understanding of a very complex world of laws, regulations, and rules to help guide and navigate your organization. Professional certifications, i.e. SPHR, PHR, SHRM-CP/SHRM-SCP, CBP, CCP, CEBS, etc., will help build a foundation where they can be recognized as having the skills to be part of a contemporary HR function.

twists and turns which all helped

5. Develop the confidence of your management team.

me to grow in my career and make

When you know your business and spend time with your team in their office/on their floor/ or in their area, they will grow in trust, respect, and appreciation. This is very powerful in becoming a go-to business partner and not just an administrator type. You need to be sought out for advice and become a real partner with line management.

a difference with our employees and our organization.

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6. Be visibly engaged in company activities. Set the example by being involved and engaged with activities within your organization, this will help to set the tone and culture for your employees. This facilitates building a bond that really makes a difference in an organization.

7. Manage your health program with the motto “No one loves our employees like us!” All the players and vendors in the health system - employee benefits brokers, TPAs, Health Insurers, PBMs, providers, medical supply companies, and pharmaceutical companies – have their own agenda. You must put together the right game plan for your organization, employees and their families to provide the best health benefits possible within a reasonable cost. (The #1 cause of bankruptcies in America is healthcare cost. Often it is the lack of transparency and unexpected cost that causes this, even with employees that have a company sponsored health plan.) Employees must become educated and be proactive consumers to aid in managing this cost.

8. Be involved in your community and profession.

10. Be passionate and excited about the world of HR. Continue to learn all aspects of HR, hire the best and brightest with good people skills and tech skills, and develop them to create the impact on the organization you expect. (Be passionate and excited or get into another profession!)

Expectations are high from your employees and your organization. These ten things will help you meet and exceed these expectations. Love your people, develop your skills, and enjoy your career as an HR professional. Resources such as the HR Professionals Magazine is a great tool in staying on top of the best practices for a contemporary HR environment.

Set a positive example for your employees and organization by being involved with your community, connect with other businesses, and engage with professional associations.

9. Don’t be afraid to make the tough decisions. The right decision is not always popular, but it is “the right decision”. Top executives are looking for this strength in their HR team.

Billy Sims Retired Senior Vice President Southern Farm Bureau Life Insurance Company

We use our best tools to make your job run smoothly and efficiently. FordHarrison is a labor & employment defense law firm with 28 offices, including three affiliate firms, and is the sole member of the global employment law firm alliance, Ius Laboris. Guided by the FH Promise, FordHarrison delivers the highest quality legal service and communication to our clients. www.fordharrison.com

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3 Ways Overtime Pay Can Help Your Bottom Line By CHRISTIAN VALIULIS

On January 1, 2020, over 1 million U.S. workers will be eligible for overtime pay. This means employers must review employee classifications and make sure they are providing overtime to all nonexempt employees working over 40 hours. The additional workload may have many businesses looking for ways to reduce overtime pay as much as possible. While some employers may view overtime pay as an expensive burden, it can provide valuable benefits that help an organization’s bottom line. Therefore, it’s important to send the right message to employees regarding overtime by thinking of it as a tool to boost employee morale and not a wasted expenditure. HR professionals can be agents of change by helping decision-makers see the benefits of offering overtime. In this article, we’ll review three ways overtime pay can actually reduce costs and create a more positive work environment. We’ll also discuss how the right tools can help automate overtime management and further increase savings.

The Bright Side of Overtime Overtime has become something of a dirty word in the business world. Corporate-level executives tend to view overtime purely in dollars and cents, but it’s important to look at the bigger picture. Overtime can actually improve company culture if handled in the right way. HR professionals can demonstrate the importance of overtime to decisionmakers by understanding and representing the employee side of the discussion. Employees view overtime as a company perk, which builds trust and loyalty when it’s used effectively. When a discussion arises about overtime or improving employee morale and perks, HR managers can consider these points: 1. Offer Overtime as a Benefit If businesses shift their perspective on overtime as a perk and not a burden, it could be a win-win for both employers and employees. Present overtime as an additional benefit of working for your organization. Many employees see it as an opportunity to increase their income, especially during the holidays. Employers can even offer overtime in lieu of a year-end bonus. Overtime can also help strengthen a company’s position in the local labor market because of the extra earning potential. Gaining a competitive advantage is another way businesses can grow and meet strategic goals. HR Tip Provide employees with a total compensation report during benefits and compensation reviews. This report gives them a breakdown of total wages, insurance benefits, and retirement contributions an employee receives. This can be extremely beneficial, as it demonstrates how much the organization is investing in each individual. 2. Improve Employee Morale Overtime is often seen as just another expense with no return on investment. However, the gains can be abundant when companies invest in their greatest asset: their people. When employers are willing to pay their employees for extra work to complete mission-critical projects, employees 30

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take notice. This simple, effective gesture can be a substantial morale booster for staff when they see the fruits of their labor contributing directly to business goals. Organizations that offer overtime provide a level of autonomy and flexibility employees thrive on, making them feel more empowered. In turn, empowered workers can lead to greater job satisfaction and commitment to their organizations. Managers who are given the authority to approve overtime can also benefit. Delegating responsibilities to managers improves their decision-making skills and gives them more latitude to grow as leaders. Keep in mind, too much overtime can lead to burnout and unsatisfied workers. Employers need to closely monitor the amount of overtime being worked by employees to maintain a good work-life balance. 3. Reduce New Hire Costs Overtime is often perceived as being expensive but hiring, training, and providing benefits to new employees can actually be much more costly. Approving occasional overtime for seasoned employees to meet timesensitive goals can be a more strategic move for your organization, rather than waiting for new employees to ramp up. This also gives your experienced staff an opportunity to grow and accomplish performance goals. A good business practice is to analyze how much it costs to hire an additional employee and compare it to how much it costs to pay overtime. If new hire costs outweigh overtime costs, it may make more sense to offer overtime to existing employees.

Managing Overtime with Technology Managing overtime and compliance can be difficult if you’re using manual processes. Calculating overtime is tricky and employers have to keep state overtime laws in mind depending on where they conduct business. If employers don’t adhere to overtime laws, it can result in significant fines. Having the right tools at your disposal can streamline your overtime processes and potentially save you from costly errors. Technology platforms can be very helpful in managing overtime and mitigating risk. When making a case to decision-makers, HR professionals can present technology as a low-risk investment that will help automate overtime tasks and offset expenses in the following ways: Employee Scheduling Scheduling the right number of employees to cover shifts will eliminate under or over-staffing. Review how much it would cost to have employees work certain shifts to further optimize labor expenses. Online employee scheduling can also help create a better distribution of workloads by allowing employers to adapt to sudden shift changes. This helps to prevent employee burnout from too much overtime. Time Tracking Accurate time tracking ensures employees are paid for their actual time worked. There are a variety of time capture options available to meet the needs of more complex workforces, including biometric scanning and geofencing.

For example, using mobile time clock solutions with geofencing is a great way to manage time tracking for traveling or remote workers. Employers can even control when employees clock in to make sure workers are not inadvertently earning overtime for clocking in too early or clocking out too late. Overtime Rules Overtime rules automatically apply overtime rates for hours worked in excess of 40 in a workweek. Overtime rules can even be used to manage unique compliance needs. For example, the healthcare industry uses the “8 and 80” overtime rule, while the state of California uses overtime rules that are different from the federal rule. Automatic Overtime Calculation Automating this complex process eliminates time-consuming manual calculations and reduces the potential for payroll errors. Set up automatic overtime calculations using either the regular rate of pay (RROP) or fluctuating workweek method. HR Tip If using the fluctuating workweek method, make sure it’s only applied to salary, nonexempt employees and their hourly wage does not fall below the federal minimum wage. Overtime Compliance Running reports to proactively review employee classifications and adjust as necessary will help maintain compliance, reducing the potential for fines. Compare scheduled hours versus actual hours worked on a regular basis to help control the amount of overtime being worked. Employees can even

review and electronically sign their time cards to help ensure accurate pay. Employers can also use technology to revise policies and procedures as needed. Employee handbooks can be uploaded to a self-service site for employees to review and electronically sign so they are aware of any overtime policy changes. This eliminates miscommunication with employees and sets company expectations about overtime.

Finding the Balance With Overtime Overtime often gets a bad wrap, but there can be valuable benefits for both employees and employers. HR managers can help champion the employees’ perspective on overtime by presenting it to the c-level in a way that promotes a positive company culture while offsetting costs elsewhere. By providing employees the option to earn overtime in a healthy way, employers can benefit from boosted staff morale and reduced hiring costs. Moreover, HR professionals can make the case to implement low-risk tools like technology platforms to automate overtime pay and compliance management. Just remember to find the balance between offering overtime and preventing employee burnout. Helping workers maintain a work-life balance while giving them the opportunity to occasionally earn more allows employers to use overtime as an effective business tool. With the right tools and policies, employers can use overtime as a strategic tool to improve their bottom line and support employee well-being.

Christian Valiulis Chief Revenue Officer APS Payroll cvaliulis@apspayroll.com www.apspayroll.com

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New Laws HR Pros Need to Know About for 2020 By JULIE HENDERSON

Hiring is a changing landscape and HR Professionals must be on their toes or else risk missing important information that renders their process outdated. One of the main challenges is keeping up with the passing of state and local laws. Salary history questions, using credit reports in the hiring process, and changes in marijuana laws are the subjects of recent legislation, and these have a strong effect on the hiring process.

How? Employers may neither ask for nor screen job applicants based on pay history. They cannot require an applicant's pay history, benefits, or other compensation to satisfy minimum or maximum criteria.

HR must establish clear guidelines regarding changing legislation and stay abreast of the laws governing the cities, states, and municipalities where their organization maintains employees and conducts business. Here’s a rundown of the scheduled laws set to take effect in 2020.

How? New York will ban all employers from requiring applicants to provide their salary history before they will be interviewed, employed, or promoted by the employer or as a condition to continued employment with the employer. New York employers will only be allowed to confirm volunteered information if the applicant uses his or her own salary history as a basis for demanding a higher salary during wage negotiations after an initial offer has been made to the applicant.

Disclaimer: This list is for informational purposes only and not for the purpose of providing legal advice. You should contact your employment attorney to obtain advice with respect to a specific issue or problem.

Salary History Question Laws Recently, interview questions asking about an applicant’s pay history have fallen out of favor. Those against the practice argue the information can be used to promote unequal pay for equal work. Some states have already enacted laws banning salary history questions, and there are three cities and states where such laws go into effect in early 2020. Where? Cincinnati, Ohio When? March of 2020 Who? Employers with 15 or more employees located within the city. How? Employers won’t be able to ask about applicant salary history and may not rely on known salary histories. Where? Toledo, Ohio When? July 4, 2020 Who? Employers located within the city employing 15 or more employees, including referral and employment agencies, and the city. 32

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Where? State of New York When? January 6, 2020 Who? All employers

Marijuana Laws Multiple states have already passed laws dealing with both medical and recreational drug use, so it was only a matter of time before they had to address screening for weed during the pre-employment screening process. Where? Nevada When? January 1, 2020 Who? The law affects all employers. How? The new law makes it unlawful for Nevada employers to fail or refuse to hire a prospective employee because the applicant submitted to a screening test and the results of the test indicate the presence of marijuana. It also provides employees testing positive for marijuana with the right to, at their own expense, rebut the test results by submitting a new screening test within the first 30 days of employment. This law does not apply to applicants who apply for certain positions.

Where? New York City When? May 10, 2020 Who? All employers. How? It becomes unlawful to require a prospective employee to be tested for marijuana as a condition of employment. There are some exceptions to the ban.

Other Relevant Laws Where? New Mexico When? January 1, 2020 Who? The law affects all employers. How? The “Criminal Record Expungement Act” allows individuals to have certain arrest or conviction records expunged following a successful court petition. To keep your background screening process working efficiently, HR should look at new screening tools that can help replace those that may be limited or banned. Reference checks, social media searches, and criminal history searches used later in the hiring process are still relevant, informative background checks that allow a good deal of insight into the candidate’s background and behavior. HR Professionals must be diligent in using data to make hiring decisions. It’s vital to stay up on state and local laws that impact hiring, and to make certain everyone involved in the hiring process understands and is educated on them.

Julie Henderson Director of Sales Data Facts, Inc. jhenderson@datafacts.com www.datafacts.com

TOP

Educational Programs for

Professionals

University of Memphis The Department of Management in the Fogelman College of Business and Economics at the University of Memphis offers AACSB-accredited training in human resource (HR) management and organizational behavior. The following faculty have an expertise in these areas: Drs. Kurt Kraiger, Kristen Jones, Alex Lindsey, Caitlin Porter, Enrica Ruggs, Jessica Kirk, Chuck Pierce, Carol Danehower, Laura Alderson, Kelly Mollica, and Kathy Tuberville. They offer undergraduate courses on HR topics such as introduction to human resource management, compensation & performance appraisal, managing diversity, staffing organizations, and employee training & development. The University of Memphis offers MBA and executive MBA courses on topics such as managing human resources, and strategic human capital management. They also offer a doctoral research seminar on human resource management. In addition, the department has a student chapter of the Society for Human Resource Management (SHRM) and offers an undergraduate concentration in HR management. Finally, the department is well-represented in the new Center for Workplace Diversity and Inclusion. For more information, please contact Dr. Kurt Kraiger, Chair of the Department of Management (kurt.kraiger@memphis.edu; http://www. memphis.edu/management).

Fogelman College Department of Management

Kurt Kraiger, Ph.D. Professor of Human Resource Management and Chair of the Fogelman College Department of Management

Kristen P. Jones, Ph.D., Assistant Professor

Enrica Ruggs, Ph.D., Assistant Professor

Alex P. Lindsey, Ph.D., Assistant Professor

Jessica Kirk, Ph.D., Assistant Professor

Laura Alderson, Ed.D., Instructor of Management

Caitlin Porter, Ph.D., Assistant Professor

Chuck Pierce, Ph.D., Professor

Kelly Mollica, Ph.D., Instructor of Management

Dr. Kurt Kraiger, Management Department Chair, at kurt.kraiger@memphis.edu.

Carol Danehower, Ph.D., Associate Professor

Kathy Tuberville, Ed.D., Instructor of Management www.HRProfessionalsMagazine.com

A Better Way for Companies to Handle Workplace Mistreatment By JANA MORRIN

It’s been several years since the #MeToo movement rose to nationwide prominence, finally giving sexual harassment and workplace mistreatment the attention they have long deserved. The good news is that many organizations are reacting to this moment and actively seeking to build a more positive, inclusive workplace culture. They’re embracing new ideas, tools and strategies in the effort to stop employee mistreatment once and for all. This is music to my ears, because I was once a victim of workplace harassment myself. It got to the point where I feared going to the office because I had no idea what my boss might say or do next. Thoughts would run endlessly through my head. Was I doing something to provoke his bad behavior? Were his comments and actions really as egregious as they seemed to me? Was I somehow at fault? I had a hard time figuring out what I was experiencing and whether it was definitely harassment. And that’s the thing about workplace mistreatment. There are not clear lines and there are so many gray areas. But that does not mean this kind of behavior should ever be ignored—or, worse, condoned. The situation got so bad that I eventually quit my job. In retrospect, I wish the company had a process in place that enabled me to come forward sooner. The company did have a hotline plus a “zero tolerance” policy, however these efforts weren’t talked about much and they somehow felt insincere. 34

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I wish it had a formal policy of taking complaints seriously and encouraging employees who are in uncomfortable situations or who don’t feel safe to make their experiences known. I wish I could say with 100% certainty that the organization cared about what I was going through. Instead, I reached a breaking point where I didn’t want to be there at all. The whole experience had become emotionally and physically exhausting. If I had just had a place to turn for validation at that time, it would have made all the difference. But where would that place be? What sort of tool can an organization put in place that both protects workers and ensures a fair investigative process? That facilitates both anonymity and transparency when it comes time to make a complaint about workplace mistreatment? Let’s start with the anonymity piece. For employees, it is very difficult to go through mistreatment. It is also very difficult to come forward and file a complaint. For people who experience trauma at work, maintaining anonymity can help them remedy the problem and deal with the emotional burden. There are many reasons why employees in this situation want anonymity. These include fear of retaliation, personal embarrassment and concerns they won’t be believed. They also fear that coming out publicly will just make the mistreatment worse. From the organization’s perspective, however, anonymous complaints are tricky because they make it hard to take concrete action. That’s why it’s important for companies to make it possible for employees to document what they are experiencing even if they are not ready to come forward.

But organizations need better tools to make this happen. Legacy reporting tools like anonymous hotlines and comment boxes just aren’t up to the task. These tools are very rarely used because employees don’t believe in their efficacy and don’t trust the process. Additionally, there is no way to gather background information or documentation through these channels. The reality is that people need time to process what is happening and organize their thoughts. And they need a place to keep track of their experiences as they happen. That’s why organizations should seriously consider using documentation tools and platforms that allow for total anonymity but at the same time capture all relevant information. Such a platform allows users not only to log their experiences but also helps them take a deep breath and gather their thoughts. How? Well, for instance, the platform can ask an employee what kind of mistreatment they are experiencing: harassment, bias, inappropriate comments? It can also ask an employee to outline where exactly the incident(s) happened: at the workplace or a workplace event or elsewhere? The tool can even prompt employees to rank the severity of what they experienced: low, medium or high severity? A platform like this would allow employees to maintain their anonymity in the early stages of chronicling their experiences, while ensuring that no information is lost over time and no allegations are open to charges of retroaction. “Why are you just bringing up now something that happened a year ago?”

It would also provide HR with a window into an organization’s pattern of such complaints and shed light on systemic issues if they exist. Employees would not have to be associated with their data until they choose to submit an official complaint. This kind of approach would accomplish two necessary but often opposing goals. It would support anonymity and at the same time promote transparency. It would enable victims of workplace mistreatment to come forward by simplifying the process of calling out mistreatment and allow them to make their case without sitting down in a room and explaining themselves, which is often an uncomfortable situation, to say the least. Ultimately, the aim is to encourage employees to open up about their experiences because, when they do, it is easier for the organization to provide them with the support they need. In the end, if mistreated workers believe they are being taken seriously and that their actions will result in positive outcomes, they will be more likely to speak up. And this will create a positive feedback loop. Nobody wants the next #MeToo headlines to be written about their company. The burden is now on every organization to promote transparency and cultivate a culture of trust. It’s time for organizations to make it easy and stress-free for employees to report mistreatment, because that’s the first step toward ending mistreatment entirely.

Jana Morrin CEO & Co-founder of Speakfully www.speakfully.com

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New H-1B Registration Rule Raises Anxiety for Employers By GREG SISKIND

January 31, 2019, US Citizenship and Immigration Services issued a final rule implementing a major change to the H-1B visa system – the creation of a new online pre-registration system that will choose who

wins the H-1B “lottery” first and then allow selected petitioners to file a full H-1B application. The current system requires petitioners to file a complete H-1B petition at the outset and then hope for selection in the H-1B lottery.

There are two quotas for H-1B visas - a “regular” H-1B quota of 65,000 for all H-1B applicants and an “advanced degree” quota of 20,000 for individuals with master’s degrees or higher from a US university.

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USCIS elected not to apply the rule to the 2020 fiscal year which required applications to be submitted during the first week of April 2019. The agency determined it was not yet ready so employers filed using the longstanding system of submitting complete applications. Representatives of USCIS have indicated on multiple occasions that they are moving full steam ahead with having the pre-registration system in place for the application period that will be coming up in April 2020. However, USCIS Director Ken Cuccinelli told an audience of human resource professionals that the agency is still evaluating the software and testing it with employers and immigration lawyers and would make a final decision on whether to use the electronic system before the end of 2019. That would allow employers enough time to be ready to file complete petitions in April should that be necessary. The January 2019 rule also changed the H-1B lottery system in another key respect. There are two quotas for H-1B visas - a “regular” H-1B quota of 65,000 for all H-1B applicants and an “advanced degree” quota of 20,000 for individuals with master’s degrees or higher from a US university. Under the pre-2019 system, the advance degree lottery was held first and those not selected were automatically entered in the regular

lottery. Under the new rule, the lotteries are reversed. The regular lottery is held first and includes those who qualify for the advance degree lottery. After that, the advance degree lottery is held. This reversal improves the odds of someone with an advance degree from a US graduate school program being selected. USCIS believes that the change will result in an increase of up to 16% (or 5,340 workers) in the number of master’s degree or higher recipients from US schools qualifying for the H-1B. As envisioned under the registration program, a petitioning employer would be required to provide basic information on the intended H-1B petition, including information on the job, the employer and the employee. If a petition is selected, the employer will be invited to file a full H-1B petition on behalf of the selected applicant within 90 days of being selected. Originally, it was anticipated employers would not pay a fee to participate in the pre-registration process. Recently, however, USCIS published a proposed rule which would require a $10 pre-registration fee for each H-1B cap case filed in the pre-registration process. Employers will need to make various attestations including that they intend to file an H-1B petition. Originally it was envisioned that petitioners would need to file separate registrations for each intended beneficiary per fiscal year. Under the latest proposed design, employers can list multiple beneficiaries in the same registration. If a beneficiary is selected, the employer will be granted permission to file an H-1B petition within a designated filing period which will be for at least 90 days.

USCIS believes that the change will result in an increase of up to 16% (or 5,340 workers) in the number of master’s degree or higher recipients from US schools qualifying for the H-1B. What perhaps worries immigration lawyers and employers most is USCIS not making a decision before the end of 2019 and forcing lawyers and employers to prepare full applications only to have to abandon them for the registration program. Employers would end up preparing many more full applications than they otherwise would plus end up paying the extra costs associated with submitting applications in the registration program.

Greg Siskind, Attorney Siskind Susser, PC Immigration Lawyers gsiskind@visalaw.com www.visalaw.com

SISKIND SUSSER PC

The electronic registration program may be viewed as a Trump Administration idea, but it was actually introduced as a proposed rule in 2011, but USCIS chose at the time not to pursue it.

Tennessee’s Largest Business & Employment Immigration Practice

The obvious benefit of the new rule is that employers will not have to waste money going through a full application process and they will learn almost immediately if they’ve been selected. Opponents of the program have raised a number of concerns, however. First, employers who are selected will end up spending more money on their cases because the pre-registration process is not as simple as people think and it adds a new legal cost to the process.

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Second, some believe employers will be incentivized to register as many petitions as possible and many will either not qualify for an H-1B or end up being abandoned. The reversing of the H-1B lotteries also is not without critics. Certain occupations like schoolteachers, accounting and architecture will be disadvantaged. Physicians will also be adversely impacted because their degrees are obtained outside the US and they will only be eligible for the regular lottery.

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Data Facts Ranked #1 in 2019 HRO Today’s Baker’s Dozen Ratings Data Facts, a national and international provider of background screening solutions, is happy to announce they have been ranked as the Number 1 Overall Midsize Deal Leader for Pre-Employment Screening on HRO Today’s Baker’s Dozen List for 2019. HRO Today’s Baker’s Dozen Customer Satisfaction Ratings are based solely on feedback from buyers of pre-employment screening services. Results are analyzed across three subcategories; service breadth, deal sizes, and service quality. Using a predetermined algorithm, scores are calculated in all three subcategories as well as an overall score. This is the largest background screening customer satisfaction survey in the HR trade. Daphne Large, Data Facts’ CEO, is pleased with the ranking. “Data Facts has always believed if we take care of our people, they take care of our customers, who then take care of Data Facts. I’m delighted to see this philosophy culminate in receiving such a prestigious award that’s driven completely from customer feedback. We are grateful for and honored to serve the great organizations that choose to partner with Data Facts each and every day. You will always receive our best.” Data Facts has ranked in the HRO Today’s Baker’s Dozen List two years in a row. ABOUT HRO TODAY

HRO Today’s Baker’s Dozen Customer Satisfaction Rating is based on quantitative rankings and feedback from over 1200 verified customers from 550 participating companies through an online survey on various categories including service breadth, deal sizes, and service quality. The customer survey data used to achieve this recognition is based primarily on customer satisfaction. To achieve inclusion on the Baker’s Dozen list, companies are rated anonymously by their clients during an online survey process. HRO Today calculates the results using a statistical analysis and predetermined algorithm. The Baker’s Dozen list is one of the most prestigious surveys in the pre-employment screening industry. ABOUT DATA FACTS

Data Facts’ background screening solutions provide clients with innovative, next generation technology and a personalized customer experience. This 360-degree support system is the foundation of our client relationships. Experience the fastest turnaround times, the strongest customer service, and the most accurate information available in background screening with Data Facts. The company is SOC 2 and WBENC certified, PBSA accredited, actively involved with various SHRM chapters, and requires all staff members to hold FCRA certifications. For more information, contact Data Facts at 901-685-7599, or visit the company website.

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Congratulations to these new certified HR professionals who just passed their HRCI exam!

Spencer Williams, MBA, SPHR, SHRM-CP, Human Resources Business Partner at ADP in Columbus, OH

Caroline Greene, PHR, Accounting/HR Coordinator at Cushman & Wakefield in Memphis, TN

Barbara Adkerson, MBA, PHR, Human Resources Coordinator at AdhereHealth, LLC, in Smyrna, TN

Our next Online HRCI (PHR | SPHR) Certification Exam Prep Class will begin February 17, 2020.

Online HRCI PHR | SPHR Certification Prep Class Online classes begin February 17 and will meet twice per week for 8 weeks on Monday and Wednesday evenings from 6:00 PM to 7:00 PM. HRCP 2020 Study Materials included: • Six Study Guides • Online practice exams for each Study Guide • 100s of Flashcards • HRCP materials that are among the most effective study guides available and are easy to read and understand

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YOU’RE IT; Crisis, Change, and How to Lead When it Matters Most By WILLIAM CARMICHAEL

Crises management has become rather perfunctory of late. Since the catastrophic events of 9/11, organizations of all sizes have created teams to handle emergencies with the hope their team can effectively manage whatever contingency comes their way. Dangers are anticipated, team leaders and experts are selected, procedures are written, mock drills are conducted, and at face value, readiness appears sufficient. The reality however, is that without the singular development of a “Meta-Leader” mindset; one who is specifically prepared to lead the organization through any challenge or change, traditional crises management is worthless. Now don’t get me wrong. All companies need and should have a crises management process but what typically is missing is the leadership mentality and skillset that makes You’re It; Crisis, Change, and How to Lead When it Matters Most by Leonard J. Marcus, Eric J. McNulty, Joseph M. Henderson and Barry C. Dorn so needed. A book for turbulent times, You’re It is essential reading for anyone preparing to lead through crisis and change.

bombing to name just a few. Natural or man-made, each was devastating to our country and each required a dedicated response by individuals trained to lead under frightening circumstances. To lead following such devastation requires specific mental skill-sets to be sure. But these same attributes can also be applied within business and organizational crises and this is what the authors have conveyed in You’re It. Here they have effectively documented what works and what doesn’t during an organizational emergency. Distilled from the best practices of Harvard University’s innovative Natural Preparedness Leadership Initiative, You’re It provides leaders with a practical, research-based foundation for thinking and acting with clarity, intention, and confidence in the face of crises. The reader is also given examples of how leaders in the corporate world have dealt with issues such as product recalls, strategic transformations, natural disasters and financial shortfall. The authors show how to navigate through a crisis, how to identify it, what to do, and how to lead and get the best out of people in your team or organization. In essence, how to develop Meta-leaders.

What is a Meta-leader? In short, a Meta-leader is a leader of leaders. Meta-leaders reach across organizations and sectors to build cross-cutting strategies. They exchange information, share resources, and coordinate systems and personnel. They use their influence and connections to guide a cooperative course of action. With this as a base, the authors introduce readers to the pragmatic model and methods of “MetaLeadership.” They show you how to understand what is happening during a moment of crisis and change, what to do about it, and how to hone these skills to lead highperforming teams so that when crisis hits, you can pivot to be the leader people follow when it matters most. Ultimately, “Meta-leadership” is the framework to develop one’s leadership skills and it consists of three dimensions:

Leading in Crises By definition, a crisis is any event that is going to lead to an unstable and dangerous situation affecting an individual, group, community, or whole society. As a lead-in, this certainly describes the catastrophic events of 9/11/2001 but let’s not forget the first attempt to blow up the World Trade Center in 1993, Hurricane Katrina, the H1N1 pandemic, the Deepwater Horizon oil spill, or the Boston Marathon 40

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1. The Person- you the leader

as a leader? Do you have emotional intelligence? Then, what is the situation? Do you have the ability to assess what is happening and what to do? And finally, connecting the right people within your group and beyond your organization to find and create a common purpose. As one advocate prefaces; “This is a book that takes us beyond the clichés of leadership literature, and provides tools that will make us smarter, more self-aware, and better prepared to when we are tested.” I could not agree more.

Structure and Layout Throughout You’re It; Crisis, Change, and How to Lead When it Matters Most, an odd sense of familiarity will tug at readers but in a most profound way. You’ve been there. You know what happened as well as the result. What will not be familiar are the players, what was going on behind the scenes and why action occurred as it did. You’re It has the look and feel of a textbook while containing the flexibility of a field guide. At 256 pages, each of its 14 short chapters uses simple, effective illustrations throughout to bridge concept correlations. And like a textbook, readers will benefit most by a linear approach and the engaging ‘Questions for Journaling’ that end each chapter.

Who Will Benefit Most from This Book? Senior management and organizational leaders. Crisis management teams. ABOUT THE AUTHORS: Leonard J. Marcus is founding codirector of the National Preparedness Leadership Initiative (NPLI), a joint program of the Harvard T.H. Chan Schools of Public Health and the Harvard Kennedy School of Government. Eric J. McNulty is NPLI associate director and instructor at the Harvard Chan School. Joseph M. Henderson is distinguished senior fellow at the Harvard Chan School and is on the NPLI faculty. Barry C. Dorn is senior advisor of the Program for Health Care Negotiation and Conflict Resolution at the Harvard Chan School and NPLI faculty member.

2. The Situation in which you lead 3. Connectivity in the network of stakeholders you lead According to the authors, you, the leader, have to weave these three together which You’re It does extremely well through asking a specific set of open-ended questions at the end of each chapter; such as- How do you define yourself

William Carmichael, Ed.D Professor | Strayer University William.carmichael@strayer.edu www.strayer.edu

November Luncheon Crescent Club Memphis November 4, 2019

Unconventional approaches. Ingenious results. “ Demystifying a Workforce that Sticks,” was the topic discussed by panel members (L-R) Kevin Woods, Market President, BCBS of Tennessee; Karen Ward, Chief HR Officer, BCBS of Tennessee; and John Daniel, Chief HR Officer, First Horizon/First Tennessee; Preston Cox, and Russ Henderson, Co-Programs.

Dr. Maria Hubbard, Manager of Leadership Development at the International Paper Leadership Institute was the guest speaker at the November meeting of SHRM-Memphis. Her topic was “Leadership Development in 2020. How can we “futureready” our new leaders?”

At Littler, we’re lawyers. We’re also innovators and strategists, passionate problem solvers and creative disruptors. And we’re committed to helping our clients navigate the complex world of labor and employment law by building better solutions for their toughest challenges.

Fueled by ingenuity. Inspired by you. littler.com 3424 Peachtree Road NE | Suite 1200 Atlanta, GA 30326 333 West Vine Street | Suite 1720 Lexington, KY 40507 3725 Champion Hills Drive | Suite 3000 Memphis, TN 38125

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HIGHLIGHTS

1 Bottom to Top: Chris Greene, Johnny C. Taylor, Jr., Laura Nold, MBA, SHRM-CP, PHR; Deborah Erdahl, SHRM-CP, PHR; Rebecca Sosa, SHRM-SCP, SPHR; Marian Morlock, MBA, SHRM-SCP; Ana Swiger, MBA, SHRM-SCP, SPHR; Layla Bonis, SHRM-CP, PHR; Carol Brnich, SHRM-SCP, SPHR 2 HR Tampa Attendees 3 Check-in 4 William Grob, Shareholder from Ogletreee Deakins giving the Legislative Update on laws impacting employers. 5 Speaker Dinner (Bottom -Top) Shannon Rose Farrell-Jackson, Layla Bonis, Marian Morlock, Deborah Erdahl, Noa Ronen, Suzanne Lemen, Nicole Belyna, Christine Cunneen, Rachael Cooper, Dr. Shelton Goode, Paule Artale, Nancy Zilioli Evans 6 Conference Charity Benefiting Metropolitan Ministries - HR Tampa Sweetening Lives in 2019 - Ana Swiger, Layla Bonis 7 Johnny C. Taylor, Jr., President and CEO of SHRM, discussing, "The Future State: Disrupting HR Like Nothing We've Ever Seen." 8 Paul Artale,, Motivational Speaker & Author, presenting "Being Superman: 4 Concepts That Help Leaders Understand (Dis)ability." 9 HR Tampa Board members, Brenda Cogdell and Robin Marrero 42

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10 Invista Talent Assessment Solutions was a platinum sponsor of the 2019 HR Tampa Conference & Expo. 11 At the SHRM Booth (L-R) Eddice Douglas and Nicole Belyna from SHRM speaking to members about the benefits of being a SHRM member. 12 Ogletree Deakins was the Speaker Sponsor for the closing keynote session. 13 Marsh & McLennan | Trion was the Speaker Sponsor of the opening keynote session. 14 Denielle Lue and Donna Carpenter 15 The SHRM Foundation Silent Auction Table with Ana Swiger, Melissa Robinson and Layla Bonis 16 (L-R) Laura Nold, Robin Marrero, Layla Bonis, Deborah Erdahl, Dee Anna Hays, Carol Brnich, Ana Swiger, Dr. Patricia Sullivan 17 HR Tampa Volunteers John McBride, SHRM-SCP, SPHR; Michelle Coleman, MBA, SHRM-SCP 18 HR Tampa volunteers Doug Walters, Kristi Ilieva, Leo Rodriguez, PHR 19 19 Rebecca Sosa, Marian Morlock, Deborah Erdahl, Chris Cavaliere www.HRProfessionalsMagazine.com

Washington, DC | November 14-16

1 Johnny C. Taylor Jr., President and CEO of SHRM, provided the State of the Society Address in the closing general session. 2 Emily Dickens, SHRM’s Corporate Secretary and Chief of Staff, at the breakfast meeting for members visiting the Capitol. 3 Wendi Safstrom, Executive Director of the SHRM Foundation provided an update on the Foundation’s 2019 initiatives. 4 Alex Alonso, SHRM’s Chief Knowledge Officer, discussed the five-year anniversary of the SHRM-SCP and SHRM-CP certifications.

12 5

5 Mary Cheddie, Divisional Director, East, Member Relations, at SHRM 6 Jon Decoteau, Divisional Director, West, Member Relations, at SHRM 7 James E. Meyers, author of “Becoming Essential: For Associations, the Question Is: Do You Want to Survive, or Do You Want to Thrive?”, was a keynote speaker. 8 Karith Foster, speaker and humorist, was a keynote speaker.

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9 Johnny C. Taylor, Jr., President and CEO of SHRM, presented Dr. Denise Rosseau with the 2019 Michael R. Losey Excellence in Human Resources Research Award. 10 Mike Aitken, SVP SHRM Membership, presents Nicole Garcia, SHRM-CP, with the 2019 Susan R. Meisenger Fellowship Award. 11 2019 SHRM Pinnacle Award recipients with Johnny C. Taylor, Jr., President and CEO of SHRM.

15 12 ARSHRM members at Senator Tom Cotton’s (R-AR) office at the Capitol. 13 SHRMGA members visiting Senator Johnny Isakson’s (R-GA) office at the Capitol. 14 KYSHRM members visiting Senator Mitch McConnell’s (R-KY) office at the Capitol. 15 TN SHRM members visiting Senator Lamar Alexander’s (R-TN) office at the Capitol.

16 NCSHRM

members visiting Senator Richard Burr’s 16

(R-NC) office at the Capitol.

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7 Powerful Ways to Boost Your Team Performance By HARVEY DEUTSCHENDORF

“ Coming together is a beginning. Keeping together is progress. Working together is success.” ~ Henry Ford ~ While much has been written about the importance of teamwork in reaching objectives in organizations, there is often little thought and effort that goes into creating and developing effective teams. Groups of people are often thrown together for major projects without much effort being put into developing them into a team that will be motivated and work well together towards a common goal. While most organizations do well with the technical aspects of team projects, such as timelines and actions plans, it is on the people building part that they fall short. With a little effort, thought and foresight, many of the problems that plague teams can be avoided.

As a team leader here are 7 considerations when putting a team together.

Make sure everyone understands and buys into the WHY! People generally will put minimum effort into something they consider unimportant or see as a make for work project. At the beginning, make sure that everyone understands the importance of what you are doing and how it fits into the overall goals of the organization. Take time to answer questions and give everyone on the team a chance to talk about how they feel about what they are about to undertake. Explain why there needs to be a team instead of everyone working individually. It is crucial that every member buy into the concept that a team can accomplish more than as an individual.

Model the behaviour that you wish to see from your team In order to develop trust and cohesion among the team members, as a team leader you need to model the behaviours that you wish 46

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to see. That includes sharing your frustrations and being vulnerable. By being open and vulnerable you send the message to the other members that it is okay to be the same way. This will build trust and is an important aspect of having a team meld into a working unit. Be open and honest about how you like to work and your leadership style. If you make a mistake, readily admit it and take full responsibility.

Keep communication direct and within the team as much as possible While your superiors may require updates on what is going on, only share progress reports and keep the dynamics of what is happening within the team out of it. Team members will lose trust if they feel you are sharing everything that is going on. If there are issues with any members of the team that are impacting performance, take them aside and have a conversation. Prepare for these conversations ahead of time so you don’t come across as angry or accusatory. Point out what you have noticed. For example, “I thought you sounded angry when Ryan questioned your knowledge of outsourcing. Tell me more about that.” Ask open ended questions that start with “It sounded to me like, or it felt to me like.” Only bring up the behaviour that you observed, never make judgements about why they may have behaved as they did. It is possible that what you observed was not what the team member intended. For example, you would never say “Were you angry because you thought Ryan was getting more attention that you.”

Have a short check in at the beginning of every meeting At the beginning of every meeting have a short emotional check in to see where everyone is at and what they are bringing with them. Limit the time for this and be clear that this is not a personal therapy session but a way to get grounded before settling into work that needs to be done. It only serves to remind people that they are individuals with personal struggles that they bring with them to work. This allows other members to connect with each other and helps develop trust. Perhaps a member has a family member who has passed away, is seriously ill or experiencing a serious personal problem. By allowing a brief sharing period it allows other members to understand why someone in the group might not be their usual self. This also helps the group leader see if someone needs attention and time outside of the group. There may be instances where a traumatic situation has affected the group that requires some caretaking before the group is able to move into a working mode.

Celebrate wins and acknowledge individual contributions Celebrate successful steps along the way. For example finishing a report that was well received could call for a buying lattes for everyone or going for a drink after work. It is also important that everyone’s unique contribution is recognized and how that contribution fits into the overall the success of the team. Various personalities bring different aspects to the group and contribute in different ways. The stickler for details ensures that valuable information isn’t overlooked and the jokester lightens the mood of the group, lessening the stress and lubricating the team process.

Make the WIFM’S clear. Build in incentives and rewards At the beginning, communicate clearly what the potential rewards are for successfully carrying out the project. These are not only monetary but other intrinsic rewards. Perhaps it is increased visibility to the leadership in the organization and chances of promotion in the future. It could be recognition in terms of winning an award or public acknowledgement of a job well done. An opportunity to gain new skills and knowledge which will increase opportunities and market value of the individuals on the team could be a strong incentive. This gives everyone a stake in the outcome of the team effort and increases their commitment to the success of project.

Get out of the office on occasion The best way to get to know people you work with is to get them away from the office and spend some time together. The office creates superficial barriers that prevent people from sharing themselves more openly with others. Getting away from the office allows coworkers to feel more open to share. We can often learn more about a colleague from a short amount of time over a drink or fun activity away from work than from years in the workplace. Seeing others in a relaxed atmosphere, away from the pressures of the workplace, allows us to see them in a different light and gives us greater perspective of their unique challenges and abilities. Harvey Deutschendorf is an emotional intelligence expert, internationally published author and speaker. To take the EI Quiz go to theotherkindofsmart.com. 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.

a HR social force is

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Join the SHRM Foundation in mobilizing HR professionals to lead social change in creating inclusive workplaces! Through our Veterans at Work, Employing Abilities @Work and Getting Talent Back To Work initiatives, we are dedicated to mobilizing the power of HR and the generosity of donors to lead positive social change in the workplace by attracting, hiring and advancing untapped talent.

Help us make a difference with your gift this year at

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