July 2020 HR Professionals Magazine

Volume 10 : Issue 7

TM

www.HRProfessionalsMagazine.com

Business Travel and COVID-19

Top Educational Programs for HR Professionals

2019 SHRM Excel Winners

Legal Pitfalls

of Returning Remote Workers After COVID-19

Judy Spencer,

SHRM-SCP, SPHR

Liability Waivers and Questionnaires During COVID-19

SHRMGA Certification Director

10 Powerful Pillars of Decision Making

International Presence.

Local Knowledge.

EMPLOYERS AND LAWYERS, WORKING TOGETHER Ogletree Deakins is one of the largest labor and employment law firms representing management in all types of employment-related legal matters. The firm has more than 900 lawyers located in 53 offices across the United States and in Europe, Canada, and Mexico.

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2020

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workers say their managers can’t lead a team! www.HRProfessionalsMagazine.com Editor Cynthia Y. Thompson, MBA, SHRM-SCP, SPHR Publisher

The Thompson HR Firm, LLC Art Direction

Park Avenue Design Contributing Writers Fred Baker William Carmichael Harvey Deutshendorf Brad Federman Susan Hanold Jimmy Hinton Wes Hudnall Susan Kelly Christopher M. Lewis Michael L. Mansfield Lisa May Christine D. McConnell Chris Menard Will Oden Mary Leigh Pirtle Carrie Van Daele Eddie Vaughn

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. ©2020 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 5 Judy Spencer, SHRM-SCP, SPHR, SHRMGA Certification Director 29 Congratulations to Anna Hicks, PHR! 36 Book Look: Evergreen Talent by Roberta Chinsky Matuson

Talent Management

10 Factors in Assessing Your Hiring Strategy 14 Ten Powerful Pillars of Decision Making 22 COVID-19 Testing and Monitoring Returning Employees 46 Five Reasons We Need Emotionally Intelligent Leaders During Times of Crisis 47 Are Slow Background Checks Holding Up Your Hiring Processes?

Top Educational Programs for HR Professionals

7 SHRM’s New People Manager Qualification Virtual Training 8 Excellence Through Leadership Conference in Peachtree City July 16-17 13 Athens State University Online Human Resource Management Degree 17 Columbia Southern University Online HR Degree 18 Emory University Online Legal Training for HR Professionals 19 The Leadership Green Room Calendar 20 Online Self-Directed Nightmare Nobody’s Talking About 23 University of Illinois Online Human Resources Certificate Program 26 Employee Training in Demanding Times Can Continue and Be Successful 28 Affordable Online HRCI Certification Exam Prep Class Begins August 17 31 East Carolina University Top Ranked Online MBA 33 Applied Leadership at MTSU 38 Tennessee Bipartisan Legislation to Help Reduce Student Loan Debt 48 WGU Tennessee HR Program Fully Aligned with SHRM Curriculum

Employment Law

12 Liability Waivers and Questionnaires in the Time of COVID-19 16 COVID-19 Clears the Way for Telehealth to Treat Workplace Injuries 30 Avoiding Legal Pitfalls of Returning Remote Workers 32 Employer’s Obligation on Reporting COVID-19 as a Work-Related Illness 40 Changes to Business Travel Post-Coronavirus

Employee Benefits

24 Assessing and Navigating Declines in Pension Assets in the Wake of COVID-19 25 Benefits Expertise to Help Manage Costs, Mitigate Risk and Engage Employees 34 Pandemic Puts Employee Benefits on Shifting Ground 35 Colonial Life Committed to our Customers – and our Communities 41 Thank You, Healthcare Providers – Southern Farm Bureau Life Insurance

Industry News

6 2019 SHRM Excel Award Winners Announced 37 36th Annual KYSHRM Conference in Louisville August 24-25 39 SHRM-Memphis 2020 Legal Day August 11 42 NOLA SHRM Return to Work – Assessing the Risk and Actions to Mitigate Them 44 MSSHRM Presents 25th Anniversary Conference & Expo in Biloxi September 14-16 45 SHRM-Atlanta SOAHR Conference August 3-4 August Issue features Profiles of ERISA and Employee Benefits Attorneys and Updates on Employment Law and Employee Benefits Plus the Latest on HR Management and the Coronavirus Pandemic Deadline to reserve space August 15 www.HRProfessionalsMagazine.com

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a note from the editor

Margaret Morford, CEO of The HR Edge, Inc., and Charles Little, CEO of Strategic HR Partners, at the 2019 Excellence Through Leadership Conference. This year’s event is July 16-17 in Atlanta Peachtree City at the Crowne Plaza. You will earn 10 SHRM PDCs and 10 HRCI business credits.

Register at www.strategichrpartners.com

Our July issue is very special because we feature the top educational programs for HR professionals. If you would like

SAVE THE DATE FOR THESE UPCOMING FALL CONFERENCES: • Excellence Through Leadership

to finish your degree or perhaps obtain

sponsored by Strategic HR Partners

a graduate degree, you will find many

July 16-17 in Atlanta Peachtree City

excellent offerings in this issue. We are showcasing many Southeastern colleges and universities with an array of online degree programs that are bound to meet your needs. Check out these fine programs and find the one that suits your needs.

HR professionals were disappointed that we were unable to attend our usual SHRM spring conferences. But we are excited about recent signs that our economy is beginning to bounce back after COVID-19. Unemployment rates are decreasing and the stock

• SHRM-Atlanta SOAHR Virtual Conference is August 3-4 • UNA & Shoals SHRM Present 25th Annual North Alabama Human Resource Management Conference August 11 • SHRM-Memphis Legal Conference August 11 • 36th Annual KYSHRM Conference in Louisville August 24-25 • NCSHRM Conference in Winston-Salem September 1-4

• 25th Annual Mississippi HR Conference & Expo in Biloxi September 14-16 • 2020 ALSHRM Conference in Birmingham September 21-22 • SHRMGA Conference in Stone Mountain September 30-October 2 • ARSHRM State Conference and ELLA Conference in Rogers October 12-14 • 11th Annual WTSHRM Human Resources and Employment Law Conference in Jackson October 23 • 2020 TN SHRM Conference & Expo in Memphis November 1-4

market in on the rise! By all indications, the fall conferences will begin soon. It

Watch your email for your invitation to our July complimentary webinar sponsored by

will be wonderful to see our HR friends

Data Facts on July 23. If you are not currently receiving our monthly email invitation,

again soon!

you can subscribe on our website at www.hrprofessionalsmagazine.com

cynthia@hrprosmagazine.com @cythomps

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Judy

on the cover

SPENCER

Judy Spencer, SHRM-SCP, SPHR SHRMGA Certification Chair Judy holds a Bachelor of Arts in Journalism from the University of Georgia, majoring in advertising with a minor in visual arts.

She also holds a Master of Science Degree in Human Resource Management from Nova Southeastern University, Fort Lauderdale, Florida. She is a certified Mediator and holds SHRM Senior Certified Professional (SHRM-SCP) and HRCI Senior Professional in Human Resources (SPHR) Certifications.

Judy’s introduction to SHRM began in 2011 while seeking HR certification through a course offered by CSRA SHRM, which ultimately led to her being asked to serve on the Board of Directors as the Certification and Education Co-Chair. During her tenure on the board she also served in roles of increasing responsibility including Communications Chair, Vice President of Membership, President-Elect (Annual Conference Chair), President and Past-President. In her role as President, she led the CSRA SHRM team to achieve a Platinum Excel Award. She has served as SHRMGA Communications Chair and is currently serving as the SHRMGA Certification Chair. In her current volunteer assignment, she works to promote and encourage certification throughout the state.

One of her favorite State Council projects is assisting with the annual conference. She is extremely appreciative of the opportunities she has been afforded through SHRM to network with like-minded professionals, enhance leadership skills, serve chapter and state SHRM members and continue to advance HR personally and professionally. She is most passionate about assisting others in reaching their goals and frequently endeavors to mentor the next generation of HR professionals by providing advice and counsel.

Currently, Judy is a Principal Human Resources Representative employed with Savannah River Nuclear Solutions (SRNS) at the Savannah River Site (SRS), located near Aiken, SC. She began her career at SRS in 1990 and has served in various capacities including Public Affairs Specialist and Administrative Assistant. She also worked as an Employment Equity Specialist for Augusta University’s Office of Employment Equity in Augusta, GA. In 2005 Judy was afforded an opportunity to enter the world of Equal Employment Opportunity and Diversity. Over the years she has been amazed at the changes in employment law and is intrigued by the challenges of Affirmative Action planning, statistical analysis, training, education and works diligently to ensure all employees enjoy a respectful workplace free from harassment and discrimination. The most challenging aspect of her job is conducting effective internal investigations and making recommendations for amicable solutions that allow for fair and equitable treatment for all parties.

In other volunteer leader roles, she has served as a Company Advisor for South Carolina Business Week sponsored by the South Carolina Chamber of Commerce. She has been active with Board of Directors or a member of the following professional and civic organizations: South Carolina Industry Liaison Group; Second Vice President; Girl Scouts of America, CSRA Council, First Vice President, and Delta Sigma Theta Sorority, Inc. Judy invites you to connect with her on LinkedIn: linkedin.com/in/judy-spencer-ms-sphr-shrm-scp-38819627

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2019 SHRM Excel Award Winners Announced Congratulations to the following chapters and state councils on receiving a 2019 Excel Award.

While applying for an Excel Award is not required, the award recognizes accomplishments and strategic activities and initiatives that enhance the human resources profession.

ALABAMA 158 Wiregrass Human Resource Management Assn.

161 East Alabama SHRM 92 SHRM-Montgomery

GEORGIA SILVER GOLD PLATINUM

ARKANSAS 148 NOARK HR Assn.

187 Western Arkansas HR Assn.

PLATINUM PLATINUM

50 151 429 459 488 11 74 88

139 216 235 409 437 442 546 679

Greater Orlando SHRM Mid-Florida SHRM Ocala HR Management Assn.

SHRM/Emerald Coast Chapter Charlotte County SHRM SHRM Jacksonville HR Tampa Greater Pensacola Chapter of SHRM Sarasota Manatee HRA North Central Florida SHRM SHRM SWFL Big Bend SHRM Bay County SHRM St. Lucie County HR Assn.

SHRM Volusia/Flagler Chapter Florida Keys SHRM

BRONZE GOLD GOLD PLATINUM PLATINUM PLATINUM PLATINUM

KENTUCKY

FLORIDA

624 Foothills of Georgia 43 Central Savannah River Area SHRM 739 Allatoona SHRM 112 Savannah Area SHRM 128 SHRM-Columbas Area 154 SHRM Middle Georgia 622 Greater Henry County Chapter of SHRM

NORTH CAROLINA

BRONZE SILVER SILVER GOLD GOLD PLATINUM PLATINUM

PLATINUM PLATINUM PLATINUM PLATINUM PLATINUM PLATINUM PLATINUM PLATINUM PLATINUM

402 I mperial Calcasieu HR Management Assn.

257 Greater Baton Rouge SHRM 63 NOLA SHRM 207 Northeast Louisiana SHRM 331 Acadiana SHRM 558 Bayou SHRM 580 Northshore SHRM

73 652 103 536 365

Louisville SHRM Inc. E-SHRM SHRM-Owensboro Four Rivers SHRM SHRM Blusgrass Chapter

BRONZE SILVER GOLD GOLD PLATINUM

LOUISIANA SILVER GOLD PLATINUM PLATINUM PLATINUM PLATINUM PLATINUM

MISSISSIPPI 508 Delta HR Management Assn.

143 Capital Area HR Association 400 Gulf Coast Human Resource Association 6

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GOLD PLATINUM PLATINUM

522 648 76 86 101 120 132 416 570 627 702 719

Fayetteville Area SHRM Cabarrus Regional SHRM Triangle SHRM Winston-Salem SHRM Lower Cape Fear HRA HR Mgmt. Assn. of Greensboro Raleigh Metro SHRM Central Carolina SHRM Western North Carolina HR Assn.

The Alamance County HR Assn.

Catawba Valley SHRM Chapter Union County Human Resource Association 756 Lake Norman HR, Inc.

GOLD SILVER PLATINUM PLATINUM PLATINUM PLATINUM PLATINUM PLATINUM PLATINUM PLATINUM PLATINUM PLATINUM PLATINUM

TENNESSEE

134 83 347 387 713

SHRM-Memphis Middle Tennessee SHRM Tennessee Valley HR Assn.

SHRM Chattanooga West Tennessee SHRM

SILVER GOLD PLATINUM PLATINUM PLATINUM

STATE COUNCILS AR ARKANSAS SHRM STATE COUNCIL, INC. FL HR FLORIDA STATE COUNCIL, INC. KY KENTUCKY SHRM STATE COUNCIL LA LOUISIANA SHRM STATE COUNCIL NC NORTH CAROLINA SHRM STATE COUNCIL

PLATINUM PLATINUM PLATINUM PLATINUM PLATINUM

workers say their manager can’t lead a team!

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“Adjusting to the New Normal - Employment Law Update 2020” (Greg Hare) (Lia Santos)

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Lia Santos Principal, Mercer

Lia Santos

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9

Factors in Assessing your Hiring Strategy

By SUSAN HANOLD

As businesses start to shift toward a new normal, ensuring you have the right talent in place becomes even more critical. Don’t wait - now is the time to assess your current hiring strategy. Being informed today can help you be more prepared for tomorrow. This brings us to the recruiting landscape which is part of the talent ecosystem.

And talent is at the forefront of all these questions. We’ll discuss 3 factors that can fine-tune your process and ensure you deliver a great candidate experience. Those 3 factors are: Process Assessment, Market Insights, and Candidate Experience.

Evaluate Processes Review your process today and ensure your workflows are around the candidates – are you texting, providing video interviews, and delivering same-day feedback? Are you seeking a diverse pool of candidates? Are you providing a diverse panel of leaders to interview them? Are you using technology to leverage your processes? The talent market is going from a record low of unemployment to huge unemployment affecting talent availability.

Gone are the days when “ghosting” was the biggest concern when candidates weren’t showing up for screenings or interviews and now it is about shifting from in-person to virtual experiences. Businesses may be in a state of flux that impacts recruiting processes such as the offer process with background screening delays due to court closures and a need to create a process for rehires. With the need to narrow top candidates, this may be an appropriate time to utilize pre-screen assessment questions and a process to prioritize candidates. While many businesses have employees working from home, automating processes is becoming more common such as video interviewing, virtual onboarding and allowing candidates to easily apply via text message. Making your processes seamless to the candidate will impact your businesses brand reputation.

New processes are emerging during this time where recruiters, hiring managers, and candidates are sharing their common experience during these times. Recruiters will need to work this into their plans to allow time for it and plan time to listen. A consideration to train managers on soft skills such as empathy, diversity and virtual interviewing skills could be a differentiator.

Your Peers Part 2, businesses expect to increase the percentage of employees who work remotely. Knowing that overall workplace flexibility is important to your talent pool can affect a business’s position on remote work policies. A disengaged employee is more harmful to a business with one that stays and doesn’t leave.

Depending on your talent pool, including salary information in your job description could alleviate the concern underrepresented talent may have that your business may not be committed to equity and fair pay.

Recruiters should be partnering with their compensation leaders to the parameters around offering hazardous pay to essential workers.

That’s why salary trends are a great set of data points to offer: in sharing these trends, you’re reinforcing your business’s commitment to keeping pace with them.

Understanding the current talent environment with market insights can directly impact your candidate experience.

Candidate Experience When it comes to recruitment, even the little things matter. How and where are you connecting with candidates? What makes your business stand above the competition? Take steps to effectively communicate, share your story, and compete in an employer’s market now.

What’s top of mind for candidates is will I be working in a safe environment. Can I trust what the hiring manager is telling me about the work environment, the onboarding steps and the ability to connect with co-workers while following the new COVID health and safety practices. The recruiting process can be stressful to candidates.

Companies are addressing the health and safety of its employees and should be a consideration for recruiting steps. Candidates will remember how they are treated during these times.

Companies are going to have to learn to be more flexible with the unpredictability of schedules. The role of the recruiter and hiring managers will have to remember candidates may be working from home. Some companies have policies if a candidate misses an interview then they are automatically removed from the process.

Knowing where to find, how to engage, and what to present to top talent to capture their attention can be obtained with the right market insights.

Companies are looking for best practices to improve talent acquisition, improve the candidate experience, and adjust their processes to adapt to the current environment. These are very different work circumstances than what associates have experienced previously.

Don’t be deterred by the state of the business market in the past few weeks – it is about looking ahead and having a plan in place to get back up to speed as quickly as possible.

To compete effectively in this environment, companies must embrace data and analytics to facilitate decision-making and focus on hiring the right talent. According to a Gartner study Benchmarking Against

ADP, VP Strategic Advisory Services

Understanding the Talent Environment with Market Insights

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Susan Hanold, Ph.D.

ADP, the ADP logo, and Always Designing for People are trademarks of ADP, LLC.

What are you #WorkingFor? At ADP we’re designing a better way to work, so you can achieve what you’re working for.

designed for people. Learn more at design.adp.com

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Liability Waivers and Questionnaires in the Time of COVID-19

By WILL ODEN

As businesses begin to re-open and re-engage their workforce, and in light of the ongoing COVID-19 pandemic, it is worth exploring requiring your employees (and in certain circumstances, customers) to execute a liability waiver or complete a questionnaire regarding COVID-19 prior to returning to the physical workspace. To date, such waivers in the COVID-19 context have not yet been tested, but their enforceability is likely limited, while questionnaires are much less questionable. While liability waivers may serve as an instructive deterrent, business owners should also consider their negative implications, as more fully explained below.

Recently, we have had several clients request that we draft an acknowledgement or liability waivers for returning employees to sign that say, in effect, that the returning employee is not exhibiting COVID-19 symptoms, has not tested positive for COVID-19 or knowingly been in direct contact with anyone who has tested positive for COVID-19, and that if he or she comes down with symptoms, the employee will seek immediate treatment and notify the employer, and a waiver saying that the employee will not hold the employer liable should they contract COVID-19.

Liability waivers between employers and employees may not be enforceable. In North Carolina, where I primarily practice, contracts “which exculpate persons from liability for negligence are not favored,” Johnson v. Dunlap, 53 N.C.App. 312, 317, 280 S.E.2d 759, 763 (1981), cert. denied, 305 N.C. 153, 289 S.E.2d 380 (1982), and must be strictly construed against the person seeking to escape liability. Hall v. Sinclair Ref. Co., 242 N.C. 707, 709, 89 S.E.2d 396, 397 (1955).

“Nonetheless, such an exculpatory contract will be enforced unless it violates a statute, is gained through inequality of bargaining power, or is contrary to a substantial public interest.” Fortson v. McClellan, 131 N.C.App. 635, 636, 508 S.E.2d 549, 551 (1998). “This principle arises out of ‘the broad policy of the law which accords to contracting parties freedom to bind themselves as they see fit [.]" Other states often have similar cases on point.

Additionally, particular states, like North Carolina, also have workers' compensation systems that prohibit employees from signing away their ability to file a workers' compensation claim if they suffer an injury by accident or contract an occupational disease.

Practically speaking, requiring your employees to sign such waivers may have the unintended consequence of actually encouraging employees not to return to work. And while a generalized fear of contracting COVID-19 will not excuse an employee from returning to work when gainful onsite work is offered, having your employees sign a document, which on its face, may be interpreted as protecting the business' interests, not the employee – does not send a feel-good signal to your 12

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employees. Further, if you require your employees to sign such a waiver and it becomes public knowledge, bad publicity and negative public relations may follow.

Also, the Occupational Safety and Health Administration (OSHA), the federal agency in charge of enforcing employer safety and health, has been fairly clear in its approach to recent enforcement (as have the state-run safety and health regulatory programs) that it typically is satisfied once an employer shows that it is taken appropriate goodfaith efforts to safeguard its employee's working environment. And the existence of an employee-signed liability waiver will not prevent an employee from filing an OSHA complaint or OSHA from investigating the complaint.

A more positive way to approach your employees returning to work is to focus on illustrating the safety measures the business is taking to ensure that employees returning to work can do so safely. Daily employee temperature checks, written and detailed policies and procedures advising employees on how to act onsite during this "new normal", adding sanitizing stations, if safe, keeping internal doors propped open to reduce contact surfaces, providing employees with appropriate facial coverings for those employees whose jobs dictate a fair amount of interaction with co-workers, and having re-entering employees fill out employer-created questionnaires (more on this later), vouching for their known lack of exposure or COVID-19 symptoms – all are appropriate measures to take and can give employees a sense of confidence in the employer's approach to COVID-19. It is especially important for all employers to follow CDC and OSHA guidelines.

As mentioned earlier, employee questionnaires are also an effective tool, and the Equal Employment Opportunity Commission's (EEOC) recent COVID-19 guidance (last updated on May 7, 2020) is helpful in crafting such a tool. Employers should take note of the following: " G.1. As government stay-at-home orders and other restrictions are modified or lifted in your area, how will employers know what steps they can take consistent with the ADA to screen employees for COVID-19 when entering the workplace?" (4/17/20)

"The ADA permits employers to make disability-related inquiries and conduct medical exams if job-related and consistent with business necessity. Inquiries and reliable medical exams meet this standard if it is necessary to exclude employees with a medical condition that would pose a direct threat to health or safety."

"Direct threat is to be determined based on the best available objective medical evidence. The guidance from CDC or other public health authorities is such evidence. Therefore, employers will be acting

consistent with the ADA as long as any screening implemented is consistent with advice from the CDC and public health authorities for that type of workplace at that time."

the employee has "been in direct physical contact with anyone who is infected with the Virus or exhibiting symptoms of the Disease" should be permissible as well.

"For example, this may include continuing to take temperatures and asking questions about symptoms (or require self-reporting) of all those entering the workplace."

Finally, in a separate FAQ, the EEOC addressed what employers needed to know about pandemic preparedness in the workplace and the ADA. Of note:

Interpreting the above guidance, even conservatively, allows the employer to ask whether the employee (1) has been infected by COVID-19; (2) has been told by a healthcare provider that he or she has tested "positive" for COVID-19; and (3) has exhibited symptoms of COVID-19.

" 15. During a pandemic, may an employer ask an employee why he or she has been absent from work if the employer suspects it is for a medical reason?

" A.6. May an employer administer a COVID-19 test (a test to detect the presence of the COVID-19 virus) before permitting employees to enter the workplace?"

(4/23/20) "The ADA requires that any mandatory medical test of employees be “job related and consistent with business necessity.” Applying this standard to the current circumstances of the COVID-19 pandemic, employers may take steps to determine if employees entering the workplace have COVID-19 because an individual with the virus will pose a direct threat to the health of others. Therefore, an employer may choose to administer COVID-19 testing to employees before they enter the workplace to determine if they have the virus."

"Yes. Asking why an individual did not report to work is not a disability-related inquiry. An employer is always entitled to know why an employee has not reported for work."

So, asking an "employee why he" has been "absent [from] and when he will return to work" is fair game too, according to the EEOC. One thing is for certain: there is no one-size-fits all best practice. The particular culture of a business and its workforce must be considered at all times and legal counsel should be involved to ensure that any new employer initiative, whether in policy or practice, does not run afoul of OSHA or EEOC expectations.

And since such testing is permissible, our interpretation is that a lessintrusive questionnaire asking only for information about whether

Will Oden, Attorney

Ward and Smith, P.A. wao@wardandsmith.com www.wardandsmith.com

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10 In

By BRAD FEDERMAN

the business world, we need to be able to make choices

3. The No-Decision Decision

with confidence and ease rather than wasting time due to

Before making a decision, we should evaluate the effects of not making one. By doing this, we may be able to determine the unspoken deadline for the decision. Oftentimes, you will realize that the decision is not nearly as crucial or as time-sensitive as you thought, thus taking away a lot of pressure that can cloud judgment and could cause you to make a poor choice.

indecision. It is imperative that we learn how to, not only

make a choice, but how to make the right choice. Decision making skills have proven to be invaluable in the business world. Leaders are often forced to make split-second decisions that will have significant impacts on a business in the future, so it is important that they have the ability to make these decisions effectively. Since the world lends itself to ambiguity, it can be extremely challenging to know exactly what to do when faced with a difficult choice, but these 10 simple steps can simplify the process substantially.

1. Know Yourself In order to make a smart or profitable decision, we must evaluate the repercussions of our options, both positive and negative. Good decisions become apparent when the objectives of the group align with the effects of a choice. For this reason, it is imperative to understand your own agenda. In other words, know yourself. It can be difficult to know if the effects of a decision will align with the ideals and goals of the group until that decision is made. This is why reflection can be beneficial. What were some similar decisions made in the past? What did they result in? Using reflection as a roadmap to determine whether or not a decision’s effects align with both your agenda and that of the group is of exponential value.

2. The Head and the Heart A decision needs to appease both the ‘head’ and the ‘heart’ in order to be considered “good.” If your brain tells you that a decision is a poor one on paper, then obviously it is not the best option for you or your company, but the decision should also feel good. Human instinct or intuition is a powerful tool that should not be ignored, so it should be used rather than pushed away. Your gut feeling is there for a reason, don’t ignore it, verify it.

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Powerful Pillars of Decision Making

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4. The Now and Later Even the smallest decisions have short-term and a long-term effects.

In order to consistently make good decisions, we must pay attention to both of these. Many people hastily make decisions in an attempt to solve an immediate problem without realizing or understanding the negative repercussions that their decisions could have in the future, but the long-term effects are just as, if not more, important than the short-term effects.

5. Devil’s Advocate Often, we make decisions without thinking through every consequence, both negative and positive. It is human nature to assume that our first conclusion is the best one. That is rarely the case. There is only one, surefire, way to ensure the strength of a decision- argue it. Set any given conclusion up against a barrage of strong rebuttals. If that conclusion is still standing post scrutiny, it must be solid. You’ll often discover flaws associated with any decision after this process, especially if others are allowed to scrutinize it, thus giving you a better overall understanding of the decision you are about to make.

6. The Plan For certain decisions, having a formula or strategy in place can prove to be beneficial. People tend to second-guess themselves rather than just making a choice, but having a formula in place can help you make better decisions, serve as a trigger for a decision, and keep indecision away, thus saving you and your employees a lot of time.

7. Bypassing the Biased Barrier

10. Asking is Advantageous

In high-pressure situations, people tend to struggle with making strong, informed decisions because they are focused on too many things at one time. That is when our bias kicks in. Find ways to relax and clear your head. Take a walk. Read a chapter of a book. Actually leaving the decision for a short while can lead you to an answer.

Even if the decision is solely yours, it is foolish and irresponsible not to get the advice or perspective of others. Whether you get in touch with the board of directors or employees, others can provide insight that will help you make a better, more informed decision. It can also be helpful to contact people who have been in similar situations in the past, whether they have any relation to the decision you are making or not. Their experience gives them wisdom, and it could be very helpful to you if you are struggling to make a choice.

8. The Imperfection of Perfection Many times good is good enough. In reality, it is very rare that a decision is perfect or needs to be. Sometimes there simply are not any good decisions, but rather than dwelling on whether or not a decision is “perfect,” focus on execution. Adjustments can always be made later, but initially, the enactment of a decision is imperative.

Indecision tends to be the worst decision a person can make, and it is dangerous to leave matters up to chance. At the end of the day, you just need to trust yourself, apply your knowledge, and work with others. You could always flip a coin, but when push comes to shove, do you really want to settle for 50/50?

9. Eradicate Indecision Indecision can be detrimental to a company. The longer you spend making a decision, the less you will trust yourself, until eventually, you are incapable of making a decision. By setting a specific deadline you force yourself to make a choice rather than wasting time that could be spent doing more productive things. Public deadlines often work better than private ones because they force accountability. You may not be sure about your decision at the time of the deadline, but whatever you decide, it will most likely be much better than not making one.

Brad Federman, CEO

PerformancePoint LLC bfederman@performancepointllc.com www.performancepointllc.com

Engaged Employees.

Resilient Relationships.

Collaborative Cultures.

• Customer and Employee Experience • Compensation Strategies • Strategic HR (Analytics) • Leadership & Talent • Diversity & Inclusion • Change & Transformation

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COVID-19 Clears The Way For Telehealth To Treat Tennessee Workplace Injuries

By FREDRICK R. BAKER

O

ne of the most fundamental rights of an injured worker under the Tennessee Workers’ Compensation Law is the right to medical treatment for the work-related injury or illness. Typically, this medical treatment is provided by a medical

provider chosen by the injured worker from a list of doctors – i.e. the medical panel. The statute requires that the medical panel consist of providers who are located in the employee’s community, with the clear intent being that the medical provider needs to be located near enough to where the injured worker lives so that the injured worker can be treated by

nation to offer some medical services to patients remotely, so that healthcare facilities like emergency departments and doctor’s offices remain available to deal with the most urgent cases and to reduce the risk of additional infections.

On March 25, 2019, the Tennessee Bureau of Workers’ Compensation issued a notice stating, for the first time, that a panel-chosen physician may utilize telehealth in the treatment of an injured worker.

The notice clarified that there is no specific provision in the law that addresses the subject of a telehealth provider to be listed on the medical panel. Payment was directed to be made in accordance with all guidelines from the U.S. Centers for Medicare & Medicaid Services (CMS), including those announced on March 17, 2020.

the medical provider without any undue burden or expense of excessive travel. This entire framework assumes that the injured worker will receive treatment by physically going to the doctor’s office and by undertaking an in-person medical visit with the provider. Indeed, that is exactly what was required under the Tennessee Workers’ Compensation law – that is, until the COVID-19 pandemic.

Before COVID-19, the Tennessee Workers’ Compensation Law did not provide for nor did it allow an injured worker to receive treatment for his or her injury via a telehealth visit. However, that has now changed.

The first step occurred on March 17, 2020, when the Trump Administration announced expanded Medicare telehealth coverage to enable beneficiaries to receive a wider range of healthcare services from their doctors without having to travel to a healthcare facility.

Prior to this announcement, Medicare was only allowed to pay clinicians for telehealth services such as routine visits in certain circumstances. For example, the beneficiary receiving the services must live in a rural area and travel to a local medical facility to get telehealth services from a doctor in a remote location. In addition, the beneficiary would generally not be allowed to receive telehealth services in their home. President Trump’s announcement came at a critical time as these new flexibilities would help healthcare institutions across the 16

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The Tennessee Bureau of Workers’ Compensation provided even further guidance on April 1, 2020, by issuing its Temporary Guidance on Telehealth for Workers’ Compensation. This guidance specifically allows for telehealth in the context of workers’ compensation during the COVID-19 national emergency, to provide appropriate care continuation and to improve functional considerations for both new and established patients. The Bureau required that telehealth visits be conducted by telephone only or by video/audio links with the express agreement by both patient and provider. Although recommended to have the appropriate Tennessee licenses, certain requirements were waived for specific qualified providers. Moreover, certain telecommunications applications not previously allowed are now permitted for use during this period, including Skype and Facetime. It is anticipated that the provider will still make a good faith effort to protect patient privacy, and records should be kept as if the visit were in-person. Medical providers may bill for the visits using standard billing forms, and the bill should be paid pursuant to the applicable Medical Fee Schedule.

On April 30, 2020, CMS announced that it was waiving certain requirements of federal law which specify the types of practitioners that may bill for the services when furnished as telehealth services. The waiver of these requirements expands the types of health care professionals who can provide telehealth services. As a result, physical therapists, occupational therapists, and speech language pathologists were permitted to use telehealth to provide many Medicare services.

On May 1, 2020, this issue was also addressed by Governor Bill Haslam in Executive Order No. 32. That Executive Order addressed physical, occupational, and speech therapy via telemedicine for workers’ compensation claimants, and it temporarily suspended certain existing workers’ compensation regulations to specifically allow those types of services to be delivered via telemedicine. The Order also specified that the billing for such services should be reimbursed as if the services were delivered in-person.

As you can see from the above, in only about a month and half, we have gone from not being able to use telehealth at all in the context of workers’ compensation, to being able to use it routinely as a vital component of providing uninterrupted medical care for injured workers. Not only does this help the injured worker by providing continued care, it also helps employers and their workers’ compensation carriers by helping to ensure that workers’ compensation claims will continue to move toward resolution in an orderly fashion. After all, a claim cannot typically be resolved until the employee has completed his or her medical treatment with the authorized treating physician and placed at maximum medical improvement. Before the introduction of telehealth, COVID-19 presented quite an obstacle in this regard since most non-emergency medical care was placed on hold, including the necessary follow-up care for work injuries. However, the new availability of telehealth should benefit both injured workers and their employers by allowing that medical treatment to get back on track – at least to some extent.

Obviously, telehealth is not the right solution for every situation.

There will always be a need for in-person medical treatment, particularly at the beginning and end of treatment, and for direct procedures. However, for routine follow up care and therapy, telehealth will sometimes be the best solution to keep the claim moving forward in a timely fashion. While the above-described measures by the Tennessee Bureau of Workers’ Compensation are temporary and apply only during the COVID-19 pandemic, be on the lookout for more permanent measures. The benefits of telehealth under the right circumstances cannot be questioned, and it seems very likely that telehealth in some form is here to stay.

Fredrick R. Baker, Member

Wimberly Lawson Wright Daves & Jones, PLLC Cookeville, Tennessee office fbaker@wimberlylawson.com

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ARE YOUR LEADERS EQUIPPED

for what the future might bring?

At the Leadership Louisville Center, we believe that developing leaders can positively transform individuals, organizations, and entire communities. It's why we introduced the "Leadership Green Room” in 2015. At that time, we didn't know that these leadership courses, focused exclusively on essential skills, would become such a significant source of sustainable growth for both us and the organizations that we serve.

We also never could have predicted that 2020 would bring a crisis that has made concepts like "uncertainty", "ambiguity", and "volatility" part of our everyday vernacular. While the weight of this has been undeniable, so have the bright spots. If I had to

describe our team in this environment, I would use words like resilient, empathetic, agile, creative, honest, and authentic.

If I had to keep it short, I would tell you they are emotionally intelligent, engaged, and committed to the hard work ahead.

In summary, they are equipped.

We want to play our part in ensuring every organization is filled with diverse individuals that are also inspired and equipped to lead for the future – whatever it may bring. Every investment you make with us to develop your leaders is reinvested into our mission and serves the greater good of our community. We are prepared to pivot and adapt as we navigate this environment alongside you, and will offer both virtual and in-person options as circumstances demand.

We invite you to join us as we innovate and learn together – and take care.

Lisa Zangari Vice President, Leadership Louisville Center lisa.zangari@leadershiplouisville.org For more information about the Leadership Louisville Center or the Leadership Green Room, visit LeadershipLouisville.org.

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Online, Self-Directed

Nobody’s Talking About

BY CARRIE VAN DAELE and JEFF AMSTUTZ

How many times have you tried to learn a skill by reading or listening to instructions online, only to end in struggle or failure? Michael Jordan didn’t learn online. He was instructed by a live, in-person Instructor throughout his career about how to improve and never give up after being cut from his high school basketball team. If you want to excel, you need a live, and in-person Instructor who will observe your performance for improvement. He or she will regularly give you live, and in-person explanations you understand to implement to help you stay at the top of your game. Professionals, top athletes, musicians, teams and other successful people in any career look to learn and improve by critique, live and in-person. They do not look to their computer for their guidance, exclusively.

The Indiana Leo Botbosses robotics team, who represented the United States at the 2019 VEX-IQ Worlds Championship, took seventh place against 400 teams from around the world. This team was instructed by live and in-person coaches who guided and motivated them. The coaches used a variety of learning tools like books, online materials, a white board, pictures, video, observation of other teams, field trips and expert advice from engineers.

At several live and in-person practices, Leo Botbosses huddled around a table of robot parts and pieces with one person getting shafts, another picking up wheels and large chassis corner connectors; working closely together to build their winning robot. Their coaches were physically available at every practice for live and in-person instruction, criticism and encouragement, when needed.

Leo Botbosses spent time with each other for support, hands-on building, clear explanation and collaboration. A computer screen, alone could not give them that attention to detail and quick recovery from mistakes.

Online, self-directed learning without a live and in-person Instructor is failing our learners.

Live and in-person Instructors can adapt their lesson plans on-the-spot to fit the needs, personalities and emotional quotient of all learners.

They can check learners’ understanding, and then modify their lesson plans to re-teach for clarity of skills and concepts. Online, self-directed learning cannot do that.

How did you learn to drive? To lower your insurance premium, you probably attended a classroom course with other students instructed by a licensed driver before taking the BMV written and driving test.

The live and in-person Instructor used a variety of learning methods to 20

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help you earn a state license, giving you verbal explanations and visual demonstrations with several hours of practice driving on concrete roads.

You can watch a video on how to play a guitar or Trumpet. But if you want to be good at an instrument, you need regular live and in-person lessons from an Instructor.

Think of learners as a marching band getting ready to perform at the homecoming football game. To perform at best, each part of the band is broken down into small sections and practiced over and over for mastery. While the band performs, live and in-person Instructors listen and watch for mistakes. They give constructive criticism to help the band improve. I am sure you have heard the phrase, “You have to practice like a champion to play like a champion!” A top performing band will never stop training or reviewing their plays, and how to accomplish their goals. …same with learners.

Some learners lack the focus or motivation needed to complete online, self-directed assignments by virtual reality simulations, interactive videos, e-learning, mobile learning, books and emails without a live and in-person Instructor. Learner mastery of a skill or concept increases dramatically with a live and in-person instructor who constantly checks for understanding, and modifies his or her teaching methods to accommodate different learning styles.

Online, self-directed learning cannot stand alone. Learners are “at risk” in 2020 and beyond with this push for online virtual learning classroom; it’s not a classroom. Learners have different learning styles; not everyone learns the same way and the computer does not have the intelligence to adapt to a reluctant learner, give encouragement or read a student’s body language.

Learners are falling behind in performance with online learning because of the little to no support from their busy superiors, poor internet interruptions, failing to meet multiple specific learning styles needed for success, no instant visual communication or checks for understanding

by Instructor, students not understanding what is expected or how to problem solve what is needing to be done.

In a recent article, Justin Brusino, director of content at the Association for Talent Development (ATD), wrote that “the element that ties all the technology together is people.” Unfortunately, over the past 10 years, there has been a surge to overuse digital learning tools, like e-learning, and replace in-person instructors, leaving companies without improved performance on the job.

Online, self-directed learning is like a blackboard; a tool to be used by the Instructor-led classroom. Here are some reasons why Instructor led classrooms have been proven in all areas, to get the best results. 1) ILT classroom has fewer distractions and keep students or employees on task; (2) ILT classroom provides more different approaches or learning styles to help with understanding and help complete learning objectives; (3) ILT is about personal interaction with the employees and understanding how they learn; (4) ILT causes more retention of knowledge and skills with an immediate return on investment and performance; (5) ILT practices new skills immediately in the classroom for physical practice and troubleshooting; (6) ILT is adaptable to all skill levels, personalities and learning styles; (7) ILT allows follow-up questions, more dialogue and checks for understanding; (8) ILT builds closer relationships in a single company with complete understanding of what needs to be accomplished;

Being with a live and in-person Instructor and peers creates social pressures of acceptance and benefits that can help motivate learners to be competitive to do the work and be engaged.

(9) ILT invests in learning from others, not just the instructor which increases performance, consistency and lowers frustration which makes it more cost effective by economies of scale. (10) ILT helps build relationships with employees which in turn helps eliminate frustration, increases motivation and helps with encouragement and motivation of employees to push through which increases production/performance!

Carrie Van Daele is president and CEO of Van Daele & Associates @ http://www.leant3.com [Train the Trainer System] and http://www.vtrain.us [Leadership Development]. She also is the author of 50 One-Minute Tips for Trainers, published by LogicalOperations, and several magazine articles about workforce.

Learners deserve more direct instruction with increased support as opposed to turning on the screen with the idea that one learning style fits all employees with the exact motivation to learn. One of the biggest advantages of ILT is that people get to interact face-to-face, ask questions, collaborate and physically apply newly taught material under each other's critique.

A live and in-person Instructor will have a high success rate of learners whose performance will be demonstrated on-the-job. If you want training to work at your company, use Instructor-led Training [ILT].

If the pros use ILT, why don’t you!

If a company wants to break old habits and start new norms that will stick, they will have to invest in Instructor led training. The best teams and companies train and re-train how expectations of the company are to be done! They win, not because they are the biggest or smartest, but because they constantly practice under an instructor’s direction. They understand that this is a marathon, not a Sprint!

Jeff Amstutz is Training Associate of Van Daele & Associates @ http://www.leant3.com and http://www.vtrain.us. He has managed classroom functions in public education and robotics winning GOLD ratings and awards from State Departments of Education.

Van Daele & Associates Consulting, Inc. Training & Development Company

Woman-Owned Business Enterprise (WBE) - Founded 1993 We partner with businesses that want to get the greatest benefit from the knowledge and expertise of their people.

SEE WEBSITE FOR DETAILS

Van Daele & Associates Consulting, Inc. Office: 260.482.1744 Fax: 260.471.6509

www.vtrain.us www.leant3.com

Carrie Van Daele Published Author cvandaele@frontier.com cell 260. 385.4752 WE WANT TO HEAR FROM YOU PLEASE CALL US

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COVID-19 Testing and Monitoring Returning Employees

By LISA MAY

States are opening back up and organizations are starting to bring work-from-home employees, as well as furloughed ones, back to their original workspaces. However, employers can’t simply open the doors and proceed as though everything is back to normal. COVID-19 is still a serious concern and spreading it is as easy as it’s ever been.

While there’s a need for organizations to bring back workers, and there’s certainly a need for workers to earn a paycheck, companies need to proactively plan to keep everyone safe and healthy.

Otherwise, workplaces run the risk of one person passing it to multiple employees until the entire company is overrun with COVID-19. This would have dire consequences, like: • Loss of productivity • Mass employee absences

• Creating one-way hallways. Social distancing is difficult in narrow office and plant hallways. Setting up one-way walking spaces assists in helping workers maintain their distance from each other.

• Staggering work hours. Instead of requiring all employees to come to work and leave at the same time, creating bottlenecks and crowded areas, setting up start and quit times in shifts decreases the chance of spreading the virus.

• Restricting shared spaces. Break rooms and lunchrooms can get crowded and be breeding grounds for passing germs around the workplace.

Closing them or only allowing smaller numbers of people in at a time keeps social distancing protocols in place.

Keeping every employee healthy and virus-free means taking steps to keep the chances of virus spreading across the workplace low.

What about additional measures? Many employers may not be completely comfortable with only putting these plans in place. When it comes to protecting the workplace and ensuring employee safety, HR may need to increase their efforts by adding testing and monitoring procedures.

Fortunately, there are a variety of ways businesses can use technology to accomplish this.

The common protocols we are hearing people take are:

First off, HR may consider testing returning employees by:

• Asking employees questions. Daily questions about how the employee is feeling, if they have been in contact with anyone exhibiting COVID-19 symptoms, and if they have traveled to a hotspot are all accepted and widely used inquiries in many employer plans.

• Requiring COVID-19 testing. There are vendors who can set up on-site testing with either blood tests or saliva testing. The samples are sent off and results come back in 48-72 hours. Testing returning employees gives HR a baseline. After that, the actions listed above can be effective in weeding out people whose behaviors have made them high risk.

Employers, especially those that work with high-risk populations, may choose to invest in COVID-19 testing for all employees periodically. Others may decide to test if the employee has a fever or is showing other signs of the virus.

• Inability to fulfill orders • Loss of employee trust • Bad press

• Taking temperatures. Checking every employee’s temperature as they come to work, and sending those with a spike home, is another popular maneuver employers are using to decrease the chance of spreading the virus.

• Requiring masks. Every employee wearing a mask can further protect them during work hours.

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• Antibody testing. Finding out which employees have already had the virus is helpful. This information can assist in setting hours, planning social distancing, and assigning people with tasks based on if they possess the antibody or not. HR may decide that, in addition to COVID-19 testing, requiring antibody testing is necessary.

A second step in keeping the workplace safe is to monitor employees with: • Apps. Smart device applications can gather information about an employee’s behaviors that can give a picture of his or her risk. And it makes it easier and less time consuming than having another employee physically ask these questions.

• Ongoing temperature checks. Instead of asking for workers to take their own temperatures, employers may decide to invest in Bluetooth thermometers that automatically takes every person’s temperature and sends it to HR. This takes the burden off the employee and gives HR an accurate reading of the staff they need to be concerned about.

One thing is certain. As businesses re-open and call back employees, we are all bound to experience differences in the way the average day unfolds. By having a plan in place on the front end and taking proactive steps to minimize the risk, employers can keep the workplace safe and virus-free and keep their employees healthy.

Lisa May

Senior VP of Strategic Solutions lisa@datafacts.com www.datafacts.com

Online Human Resources Certificate Program The online certificate program consists of three tracks, each with three courses (12 credit hours total, four credit hours per course).

Each course in the certificate program is only offered once a year, and each course is either six or eight weeks long with a weekly synchronous component (two hours per week) where you will interact with faculty and your peers. Students can choose to engage in one of the certificate program tracks outlined below or all three. Once students have received one or more certificates, and are interested in the full Master of Human Resources and Industrial Relations (MHRIR) program, they can apply for the online master’s program and petition to have the credits transferred. Each certificate program track takes between seven and ten months to complete, as you will only take one course at a time and some have small breaks between start dates.

APPLICATION REQUIREMENTS

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All application materials must be uploaded to the online application.

Fundamentals of Human Resources Obtain a framework for the analysis of employment relationships including human resources management strategies and practices.

Learn about the theoretical and practical issues surrounding the design of effective compensation systems and the practice of identifying and recruiting a diverse workforce.

• Complete and submit application at choose.illinois.edu/apply.

Under “Program”, select “Labor and Employment Relations” and “Human Resources and Industrial Relations Non-degree (Online)-NDEG” as your degree.

• Select non-degree areas of interest from the three program tracks.

• No application fee will be applied since this is a non-degree program.

Course List LER 591

Employment Relations Systems

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Compensation Systems

• Unofficial transcripts of all academic work

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Managing Diversity Globally

• Resume

Compensation Best Practices Develop skills for the negotiation process as the interactive basis for union-management relations; conflict and conflict resolution as part of the negotiating process; wage and other effects of collective bargaining. Learn about hiring, promotion, evaluation, discrimination, raiding, job definition, pay schemes, benefits, and design of work.

• Upload all requested documents to application:

• A brief phone interview will be conducted after application is submitted to determine program fit.

Flexible Admissions Deadline Applications are accepted on a rolling basis because each certificate program track starts at a different time. For more details on your personalized start options, please contact us.

Course List LER 561

Compensation Systems

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The current per credit rate for tuition and fees is $740 (USD).

The tuition rates are the same for in-state, out-of-state, and international students.

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Human Resources Management Learn about managing and motivating employees effectively as well as the core skills needed within HR regarding change management.

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Employee Motivation and Performance

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Influence, Change, and Politics in the Organization

LER 590FBM

Fundamentals of Business and Management

Associate Director, Online Graduate Programs 217-265-8190 | ehaycra@illinois.edu www.HRProfessionalsMagazine.com

23

Assessing and Navigating Declines in Pension Assets in the Wake of COVID-19

By EDDIE VAUGHN

It’s no surprise that the market downturn arising from the COVID-19 outbreak has left many U.S. defined benefit pension plan sponsors uneasy and unsure of the financial effect on their plans. Generally, with a precipitous drop in assets, various measures of a plan’s funding health will decline, and plan costs will rise. Is that the situation we are facing right now, and how severe is it?

Measurement Date is Key

Considerations Moving Forward

First of all, the issue depends on the date at which a given measurement is being made. Generally, measurements are made annually, at the beginning of the plan year for regulatory purposes under federal law, and at the beginning of the employer’s fiscal year to assess costs under applicable accounting standards.

• For employers expected to be unaffected in 2020 due to having a valuation date early in the year, go ahead and confirm that to be the case now on an estimated basis, since 2020 valuations may not be complete for several more months. Then, estimate the effect on the upcoming 2021 valuation based on current assets, trended to the year-end under asset scenarios of improvement, no improvement, and worsening.

Regulatory measurements include a determination of annual contribution requirements, insurance premiums to the Pension Benefit Guaranty Corporation (PBGC) and a measurement of the ratio of assets to liabilities. This latter funding ratio drives a number of outcomes, including the frequency of required contributions to the plan, and the possible cutback of benefits for plans that have low ratios. Accounting measurements comprise a determination of annual expense to be reported on the employer’s income statement, and a measurement of plan assets and liabilities for the year-end balance sheet.

Thus, for example, organizations whose fiscal and plan years both begin on January 1 will for the most part see their 2020 accounting and regulatory measures unaffected by recent events, having been based on a January 1, 2020 measurement of assets and liabilities.

The real question for these employers is whether assets will recover before their next measurement date, January 1, 2021. If not, the table is set for the year-end 2020 accounting disclosures and the 2021 accounting expense and regulatory measures to feel the brunt. On the other hand, an employer whose fiscal year and/or plan year begins in March or April could feel the effects now.

CARES Act and Defined Benefit Plans In a further development, on March 27, 2020 President Trump signed into law The Coronavirus Aid, Relief, and Economic Security Act (CARES Act). In addition to widely-touted economic stimulus payments, the CARES Act also affords some relief to defined benefit plans, with respect to some of the Federal regulatory requirements. These measures include the ability to delay certain plan contributions otherwise due during calendar 2020 until January 1, 2021, and the ability to adopt the 2019 funding ratio for use as the 2020 funding ratio, to mitigate benefit restrictions that could otherwise come into play.

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• For employers with other valuation dates, estimate the effect on the current or near valuation date, trending assets into the future under similar scenarios, as needed.

• Once the accounting and regulatory measures are reasonably estimated, your actuary can advise on actions that might reasonably be taken to mitigate the effects of the downturn.

This advice includes working with plan sponsors to advise what specific relief is granted under the CARES Act, and whether or not it offers any given advantage or disadvantage in particular circumstances.

In summary, the situation may not be as bad as initial perceptions indicate. In any case, the estimates and projections prescribed above are a first step in charting a course to tend to your pension plan’s funding health in uncertain times.

Eddie Vaughn McGriff Retirement Consulting Practice Leader 336-291-1142 EVaughn@McGriffInsurance.com The information, analyses, opinions and/or recommendations contained herein relating to the impact or the potential impact of coronavirus/COVID-19 on insurance coverage or any insurance policy is not a legal opinion, warranty or guarantee, and should not be relied upon as such. This communication is intended for informational use only. As insurance agents or brokers, we do not have the authority to render legal advice or to make coverage decisions, and you should submit all claims to your insurance carrier for evaluation. Given the on-going and constantly changing situation with respect to the coronavirus/COVID-19 pandemic, this communication does not necessarily reflect the latest information regarding recently-enacted, pending or proposed legislation or guidance that could override, alter or otherwise affect existing insurance coverage. At your discretion, please consult with an attorney at your own expense for specific advice in this regard.

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Employee Training in Demanding Times Can Continue And Be Successful

By SUSAN KELLY

For HR leaders, inspiring, engaging, and mobilizing teams in these highly demanding circumstances has become an epic quest. Handling major shifts in organization structures and work locations, even determining the size of work teams, has been challenging.

On top of that, many HR leaders have - either through necessity or previously planned training initiatives - significantly expanded their upskilling programs. Requests for our Online LIVE® training is at an all-time high at New Horizons as companies look for training solutions to meet their immediate and future needs. Despite the upheaval in our professional and personal lives, this is actually a good time to rethink, or even expand, existing training programs and to queue up new ones.

Some key factors to keep in mind:

Stay in Sync There are two types of remote training – synchronous and asynchronous. Synchronous training is just like an in-person class: everyone meets remotely but at the same time with a live instructor via web-conferencing. This is the training modality we recommend for reskilling and upskilling.

In fact, the platform used for synchronous online training is so critical that at New Horizons we built our own training platform. Because the log-in needs to be simple, we simplified that process. Because classes need to be highly interactive with students connected in real-time with their instructors, we made that work seamlessly.

Technology training is too complex for students to watch static videos, so when selecting a provider make sure you fully vet the platform for these capabilities while also evaluating course content and instructors.

Asynchronous training options are typically recorded on-demand lectures and exercises students can access at any time. Asynchronous training is not live. While it can be more flexible and acceptable for general interest courses, it has repeatedly shown to be less effective than synchronous training. Not only are synchronous options better overall, employees believe them to be more important because their time is worth the attention of a professional trainer.

Faster Isn’t Better The fluidity of the business and HR environment due to COVID-19 has opened the door for several new companies to enter the training space and offer fast, remote, asynchronous training.

We’ve been around since 1983 so this is easy for me to say, but I suggest skipping this “fast-food” approach. It’s better to make training fulfilling rather than just fill the time. Investing in your company’s resources includes your employees’ time, which is definitely a resource to be protected. You want meaningful training with value long after your team comes back to the office rather than to simply fill their hours. Better to learn well rather than fast.

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Test the Platform It may take a day of your time but visit the training center personally or test drive the training platform. I can’t overly stress the importance of this step. How is the log-in process (either online or in-person)? Is the trainer coming to your facility? If so, insist they come to your office to examine the training set up. If you are going to their facility, check out their parking situation. Sit in the chairs. How is customer service? Does the team treat students personally or is it a check-the-box mindset? Is it safe?

Ask to watch a class. Even if it’s an online program, you should be able to observe remotely. Did the instructor engage the attendees? Meet the program managers and instructors for every class on your training roster. This information will help you not only decide what courses and programs are best but also which employees or departments may fit best with a specific instructor or course format.

The knowledge you gather conveys the importance you’ve placed on the training initiative. If you can relay your own personal experience with the log-in procedure, for example, employees understand that you have invested time and resources in selecting a provider.

Open the Catalog If it’s possible, avoid the temptation to pipeline training based on job duty or level.

If your executive team wants to take a basic course on Excel, good. If your IT folks want to dive into organizational theory, that’s good too. Let your marketing folks take a coding course. Be encouraging and be willing to stretch the boundaries.

The best possible set up when it comes to training and education is a team that wants to do it and looks forward to it. True, training is often for essential skills and operations; but whenever possible, let training be exploratory.

Sometimes, employees may want to delve more deeply into existing software. At other times, they may want to explore new skills or software simply to save time in migrating to a new system. More employees with more technology certifications can differentiate your company and make it more valuable to your customers.

Celebrate Don’t Mandate

Look Ahead

One motivational technique that is often overlooked is the simple act of acknowledgement. To get your team excited about training opportunities, position them as enrichment and advancement opportunities, not mandates.

Then recognize their effort. Sell training as the pursuit of knowledge, something new and different, which is a great way to move ahead both personally and professionally. In other words, encourage training, don’t require it. If employees start to think of training as something, they have to do instead of something they want to do, their experience won’t be as positive as it should be, no matter how good the program is.

If unsure about what future-ready looks like, ask a training provider. At New Horizons, we monitor job offers and training needs in hundreds of cities around the world and know which courses and programs companies are investing in. Right now, we’re seeing steady growth in software development, security training (cyber and system security), network architecture, and IT customer support services. This knowledge could be helpful in designing a company training program. Well-connected training providers understand a particular industry sector’s training trends and can suggest what may be essential knowledge for being competitive in the future.

When they complete a course or program or earn a certification, celebrate it.

Reward their initiative. Recognition is a huge motivator, especially in times like these.

Keep the Team Together If training and upskilling are part of a remote work agenda or planned for the future, use those opportunities to bring the team together. Learning is most effective when it’s collaborative, which builds a shared experience and culture.

This forecasting will vary by location, of course. But the advice is to think not only about what your team needs and is interested in but also in what is needed six months or a year from now. The up-front investment will pay dividends down the road, because employees will receive better training and sense the importance you’ve placed on selecting a great program.

Do not let training be solitary and isolating. Schedule training in groups or teams. Not only are employees likely to learn more and have a better experience, they will also bond with their teammates in a way few other activities or investments can match.

Susan Kelly is the Senior Vice President of Marketing at New Horizons Computer Learning Centers.

Upgrade your skills from the comfort of your own home.

Register for online courses today! www.newhorizons.com

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2020

Online HRCI PHR | SPHR Certification Prep Class Online classes begin August 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

The total cost of the HRCI PHR | SPHR Certification Prep Class is $900 plus shipping ($25.)

You may pay by PayPal, Credit Card, or Check.

Guarantee If you fail the exam, you may retake the class as long as you – Attend 80% of the scheduled online classes – Score 80% on all 16 HRCP practice quizzes during the program

Deadline to register is August 10, 2020 Contact cynthia@hrprosmagazine.com OR visit our website at www.hrprofessionalsmagazine.com

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

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Congratulations to Anna Hicks, PHR! Anna Hicks, PHR, CSP, recently received her PHR (Professional in Human Resources) designation from the Human Resource Certification Institute. Anna is Director of Onsites at Staffmark in Little Rock, Arkansas. She provides staffing services for accounts as necessary and assesses customer needs, obtains detailed job requirements, selects, orients, and dispatches appropriate job candidates.

Anna serves as liaison between customers and employees. She also monitors worksite performance of employees and takes appropriate measures to resolve disciplinary issues. Anna develops and maintains professional partnerships with clients. She also serves as mentor to new staff members and trains and coaches other employees. She has been with Staffmark 27 years.

Anna Hicks, PHR, CSP Director of Onsites at Staffmark Little Rock, Arkansas

Anna is a graduate of our February 2020 Online HRCI | PHR | SPHR Certification Exam Prep Class.

Our next class will begin August 2020. The deadline to register is August 10.

What do employers need to prepare for the next normal?

We can help. www.littler.com/coronavirus

Atlanta 404.233.0330 | Birmingham 205.421.4700 Charlotte 704.972.7000 | Lexington 859.317.7970 Memphis 901.795.6695 | Nashville 615.383.3033

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Avoiding the Legal Pitfalls of Returning Remote Workers

By CHRISTOPHER M. LEWIS

Jon Kabat-Zinn, Professor Emeritus of Medicine at the University of Massachusetts Medical School, is credited as saying: “You can’t stop the waves, but you can learn how to surf.” This advice rings especially true today as employers attempt to navigate the murky and uncertain waters caused by the novel coronavirus disease of 2019 (“COVID-19”).

As the vast majority of the nation begin to return to some semblance of normalcy, employers must now make informed decisions that often feel as though they are built on shifting sands instead of concrete legal principles to which they are accustomed. The good news is that we are all in the same boat. The bad news is that the unpredictability of the ongoing pandemic and its effects are changing week-to-week, day-to-day, and sometimes even hour-to-hour. Like waves, the ongoing pandemic ebbs and flows based on several factors beyond the scope of this article. Nonetheless, there are practical steps employers can take to navigate the treacherous waters caused by COVID-19 to protect themselves from liability, and more importantly, to ensure the safety and wellbeing of their employees. In other words, as the ongoing pandemic undulates, employers must learn how to surf.

The Importance of Having a Written and Disseminated Plan for Returning Employees.

Although “it depends” is among the most frustrating answers that an attorney can give to an employer, it is necessary to understand that there is no one-size-fits-all solution to returning to work during a pandemic.

Employers should consider the number of employees, their proximity to each other, the nature of the business, potential contact with the public-at-large, and several other unique factors. The approach that any given employer takes to ensure the safety of its workforce must therefore be narrowly tailored and specific.

to outline important factors such as social distancing measures, the availability of company-provided personal protective equipment, and/ or regular cleaning schedules—to the extent that these measures are feasible. Employers should also consider the practicality of reorienting workspaces, erecting physical barriers, staggering shifts/breaks, and screening employees before they enter the company’s facility. Moreover, employers should outline a protocol for when/if an employee exhibits symptoms or tests positive for COVID-19. Each of these measures have the potential to quell employees’ anxieties in returning to work, while protecting the company from potential litigation. As stated above, an employer’s specific industry, workplace, and culture are all factors to consider when developing these plans. There is no magic bullet.

Developing a thorough plan that protects the company, employees, and customers requires a detailed review of all operations. Indeed, it is not always an easy process. Yet making informed decisions on the frontend has the potential to subvert any potential litigation arising from inaction, even if unintentional.

Should Employers Require Masks and Testing For Returning Employees?

In recent weeks, a polarizing debate has arisen on whether employees and customers alike must wear masks in private places of business. To that end, the Equal Employment Opportunity Commission (“EEOC”) has provided the following guidance:

An employer may require employees to wear protective gear (for example, masks and gloves) and observe infection control practices (for example, regular hand washing and social distancing protocols).

Thus, as a threshold matter, employers should develop a concise, written plan that can be easily understood by employees who are returning to work. A written plan ensures that employers anticipate and critically contemplate the above-referenced considerations, and more, while employees receive an assurance that their employers are making informed decisions based on the specific needs of the given workplace.

It is therefore paramount for employers to not only develop a written plan, but to also disseminate the plan in an efficient and effective manner. Employers should also consider having employees sign and return an acknowledgment of any plan for the company’s records.

However, where an employee with a disability needs a related reasonable accommodation under the ADA (e.g., non-latex gloves, modified face masks for interpreters or others who communicate with an employee who uses lip reading, or gowns designed for individuals who use wheelchairs), or a religious accommodation under Title VII (such as modified equipment due to religious garb), the employer should discuss the request and provide the modification or an alternative if feasible and not an undue hardship on the operation of the employer's business under the ADA or Title VII.

Any written plan for employees to return to work must necessarily comply with any rules and regulations of the locality or state in which a company operates. Generally, however, it is good practice for employers

Based on guidance from medical and public health authorities, employers should still require – to the greatest extent possible – that employees observe infection control practices (such as

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social distancing, regular handwashing, and other measures) in the workplace to prevent transmission of COVID-19.

On the other hand, however, the EEOC provided guidance on June 17, 2020 as to whether employers may require antibody testing, specifically:

It is therefore permissible to require employees to wear masks to the extent that employers comply with relevant provisions of the ADA or Title VII. As to testing for COVID-19 prior to returning, the EEOC provided the following guidance on April 23, 2020:

An antibody test constitutes a medical examination under the ADA. In light of CDC’s Interim Guidelines that antibody test results “should not be used to make decisions about returning persons to the workplace,” an antibody test at this time does not meet the ADA’s “job related and consistent with business necessity” standard for medical examinations or inquiries for current employees. Therefore, requiring antibody testing before allowing employees to re-enter the workplace is not allowed under the ADA.

The ADA requires that any mandatory medical test of employees be “job related and consistent with business necessity.”

Applying this standard to the current circumstances of the COVID-19 pandemic, employers may take steps to determine if employees entering the workplace have COVID-19 because an individual with the virus will pose a direct threat to the health of others. Therefore, an employer may choose to administer COVID-19 testing to employees before they enter the workplace to determine if they have the virus.

Consistent with the ADA standard, employers should ensure that the tests are accurate and reliable. For example, employers may review guidance from the U.S. Food and Drug Administration about what may or may not be considered safe and accurate testing, as well as guidance from CDC or other public health authorities, and check for updates. Employers may wish to consider the incidence of false-positives or falsenegatives associated with a particular test. Finally, note that accurate testing only reveals if the virus is currently present; a negative test does not mean the employee will not acquire the virus later.

Conclusion The bottom-line is this: Employers should take any and all reasonable and practical steps to ensure the safety and wellbeing of returning employees when bringing them back into the workplace. Employers must be mindful, however, that requiring personal protective equipment, much like establishing an initial plan of action, is not a one-size-fits-all proposition. In short, employers that remain flexible and intentional in their efforts to protect returning employees will truly “learn how to surf ” until the tide turns against COVID-19.

Christopher M. Lewis, Associate Ogletree Deakins christopher.lewis@ogletree.com www.ogletree.com

www.HRProfessionalsMagazine.com

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Employer’s Obligation on Reporting COVID-19 as a Work-Related Illness – Updated OSHA Guidance

By MARY LEIGH PIRTLE

The Occupational Safety and Health Administration (OSHA) has issued new guidance regarding an employer’s obligation to record all COVID-19 illnesses among workers if the illness is “work-related.” This new obligation went into effect on May 26, 2020, and supersedes guidance issued in April.

2. While respecting employee privacy, discuss with the employee their work and out-of-work activities that may have led to the COVID-19 illness, and

Recordkeeping Obligations

• OSHA will look to the evidence available to the employer at the time it made its work-relatedness determination. However, if the employer later learns more information related to an employee’s COVID-19 illness, then that information should be taken into account as well in determining whether an employer made a reasonable work-relatedness conclusion.

Employers are responsible for recording cases of COVID-19 if all of the following requirements are met: • The case is a confirmed case of COVID-19, as defined by the CDC. • The case is work-related, as defined by 29 CFR § 1904.5.

• The case involves one or more of the recording criteria set forth in 29 CFR § 1904.7 (e.g., medical treatment, days away from work).

3. Review the employee’s work environment for potential SARS-CoV-2 exposure, as informed by other instances of workers in that environment contracting COVID-19.

• OSHA has identified certain types of “evidence” that may weigh in favor of or against work-relatedness:

When is a COVID-19 Illness Work-Related?

An illness is considered “work-related” under 29 CFR § 1904.5 if exposure in the work environment either caused or contributed to the illness or significantly aggravated a pre-existing injury or illness.

OSHA now requires all but small (ten employees or less) and low hazard industry employers to make a reasonable and good faith inquiry into whether any COVID-19 illness contracted by an employee was more likely than not contracted at work.

While recognizing the difficultly in determining work-relatedness, OSHA has set forth a variety of factors outlined below to be used when determining whether an employer has complied with its obligation to make a reasonable and good faith inquiry and determination of work-relatedness: Employers should take the following actions: 1. Ask the employee how they believe they contracted the COVID-19 illness, 32

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Evidence weighting in favor of work-relatedness: • COVID-19 illnesses are likely work-related when several cases develop among workers who work closely together and there is no alternative explanation.

• An employee’s COVID-19 illness is likely work-related if it is contracted shortly after lengthy, close exposure to a particular customer or coworker who has a confirmed case of COVID-19 and there is no alternative explanation.

• An employee’s COVID-19 illness is likely work-related if the individual’s job duties include having frequent, close exposure to the general public in a locality with ongoing community transmission and there is no alternative explanation.

Evidence weighting against work-relatedness: • An employee’s COVID-19 illness is likely not work-related if the individual is the only worker to contract COVID-19 in the vicinity and the individual’s job duties do not include having frequent contact with the general public, regardless of the rate of community spread.

• An employee’s COVID-19 illness is likely not work-related if the individual, outside the workplace, closely and frequently associates with someone (e.g., a family member, significant other, or close friend) who: • Has COVID-19.

• Is not a coworker.

• Exposes the employee during the period in which the individual is likely infectious.

Also, OSHA has instructed that Certified Safety and Health Officials (CSHOs) should give due weight to any evidence of causation pertaining to the employee illness at issue provided by medical providers, public health authorities, or the employee personally.

If after conducting a reasonable and good faith inquiry using the factors listed above, the employer determines it is “more likely than not” that a workplace exposure played a causal role in the employee’s COVID-19 illness, the employer is obligated to record that illness in compliance with OSHA’s recordkeeping requirements.

This article was originally published by Bass, Berry & Sims on June 10, 2020 at www.bassberryhrlawtalk.com.

Mary Leigh Pirtle, Member mpirtle@bassberry.com Bass, Berry & Sims PLC www.bassberry.com

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Pandemic puts employee benefits

on shifting ground

How to find solid footing for this fall’s benefits enrollment

BY JIMMY HINTON, WES HUDNALL, CHRIS MENARD

If you’re like most employers across the country, you’re still finding your footing in the coronavirus upheaval. Among other concerns, how will you be able to hold an effective employee benefits enrollment this fall? Some (or maybe many) of your employees still may not be physically in the workplace to enroll, and even if they are, large gatherings to talk about benefits might not be advisable. Same goes for in-person, face-to-face enrollments — the method our expertise and years of customer feedback show create the best experience for customers and drive the highest benefits participation levels.

Even as your business gets back up to speed, your employees are likely still concerned and cautious about close human interaction. And if your company is struggling in the economic downturn, you may be looking at tough choices to manage employment costs.

Still, employee benefits are top of mind for many businesses.

• Online scheduling — These tools allow employees to schedule a virtual or telephonic one-to-one meeting for the day and time most convenient for them.

• Digital communications — Your employees have unique needs and preferences, so it’s important to use a variety of benefits communication methods to reach them when, where and how they like. These can include emails, digital postcards, custom websites and mobile apps, and digital benefits booklets.

One new study* indicates employers remain concerned about easing the financial burden on their employees and protecting their financial safety nets. Nine in 10 employers surveyed say they have no plans to eliminate or reduce employer-paid insurance benefits to hold down employment costs. And more than half of organizations say they’ll fully cover the employee-paid share of medical (52%) or life (54%) insurance premiums to avoid a lapse in coverage for their furloughed employees. Slightly fewer than half say they’re doing the same for dental (46%), long-term disability (45%), vision (44%) and shortterm disability (41%) insurance premiums.

The right combination of high-tech/high-touch tools can deliver remarkably strong results for your business. Take for example a veterinary clinic group with 6,000 employees in 300 different locations.

The Colonial Life benefits counselors in the account switched on a dime to a 100% virtual enrollment when the pandemic hit. This customer ended up with excellent participation, including the voluntary benefits we offered.

That doesn’t mean businesses like yours won’t be considering some changes to their benefits plan design, or how they communicate and enroll it. A third of employers in the same study say they foresee changes, including reducing the variety of benefits offered or shifting the share of premiums more toward employees.

If your benefits provider doesn’t offer these capabilities, look for one who does. You’ll be on solid ground for the most successful benefits experience possible for your employees and your business.

On the other hand, some organizations say they’ll go the opposite direction, boosting coverage to be more comprehensive, increasing benefit options or adding telehealth coverage. And the greatest number of employers — nearly half at 46% — say they don’t plan to make changes to their benefits plans in the coming year.

* Survey of 287 U.S. companies by DYNATA on behalf of Colonial Life and Unum, April 21–24, 2020.

Jimmy Hinton

The most likely change is how you communicate and enroll benefits.

The ideal solution in today’s environment may be using high-tech tools that still provide high (virtual) touch capabilities. A silver lining in the pandemic environment is the realization high-tech tools aren’t separate capabilities, but rather a package of solutions that create a more cohesive, personalized enrollment strategy for your employees.

Some of the solutions to consider include: • Virtual meeting technology — Web-based meeting tools offer the opportunity for employees to meet with a benefits counselor to better understand their needs and gaps in coverage, benefits options available to meet those needs, and complete their enrollment.

• Co-browsing capabilities — This technology allows an employee and a benefits counselor to review information together, then for the benefits rep to hand over control to the employee to create a secure log-in and sign insurance applications.

• Call center resources — This is a convenient option for employees without good internet access or who prefer a phone call to an onscreen experience.

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Mississippi Territory Sales Manager, Colonial Life & Accident Insurance Company jhhinton@coloniallife.com

Wes Hudnall

Arkansas Territory Sales Manager, Colonial Life & Accident Insurance Company whudnall@coloniallife.com

Chris Menard

Tennessee Territory Sales Manager, Colonial Life & Accident Insurance Company cmenard@coloniallife.com About Colonial Life Colonial Life & Accident Insurance Company offers critical support to America’s workers and their families when the unexpected happens.

The company is a market leader in benefits education and delivery, innovative enrollment technology and customer experience. Colonial Life provides disability, life, accident, critical illness, cancer, dental and vision benefits that protect millions of customers and their families. For more information, connect with us on Facebook, Twitter and LinkedIn.

Committed to our customers — and our communities We offer our insurance benefits to every worker with a family and future to protect. And a helping hand to the communities where we work and live.

See what we can offer you.

ColonialLife.com ACCIDENT  CANCER  CRITICAL ILLNESS  DISABILITY  DENTAL  LIFE  HOSPITAL INDEMNITY Insurance plans are underwritten by Colonial Life & Accident Insurance Company, Columbia, SC. ©2018 Colonial Life & Accident Insurance Company. All rights reserved. Colonial Life is a registered trademark and marketing brand of Colonial Life & Accident Insurance Company. 10-18 | AD-104

Why this is a Must Read

EVERGREEN TALENT:

A Guide to Hiring and Cultivating a Sustainable Workplace

By WILLIAM CARMICHAEL

The number of workforce recruitment and retention books available today is infinite it seems. So much so that selecting one that can benefit your organization is difficult if not downright impossible. And if the author is unfamiliar to you, questions arise as to that author’s background, experience, and credentials. This was my conundrum with Evergreen Talent: A Guide to Hiring and Cultivating a Sustainable Workforce

by Roberta Chinsky Matuson. Although I consider myself well read, I honestly was unfamiliar with the author. The book cover’s attractive design and message caught my eye though. And despite the overdone seed/tree/forest comparation, I couldn’t be more pleased with the author’s applicable message and helpful advice to HR professionals regarding “Talent Cultivation!” Clearly this author knows what she is talking about.

Question- Why is Finding Qualified Talent So Hard?

In Evergreen Talent’s Introduction, the author poses a question. “How is it that some companies appear to effortlessly hire and retain people, while other companies seem to be in a constant state of hiring because they can’t fill positions or their people leave so soon after they arrived?” As a former HR Director, that is a question I had asked from time to time. And not because of the effort I expended on finding that person. That was my job, right? But as the one responsible for also getting that person trained properly, something appeared out of balance. Here, the return on investment became upside down. Where did things go wrong? I see now it was the questions I failed to ask and this is where Matuson becomes so valuable to us as a seasoned, knowledgeable HR coach.

With a vast amount of HR management and consulting experience, Matuson probes us with some very effective questions:

Question

Standard HR Response

Matuson’s Response

“ Everyone in our industry is having a difficult time finding and keeping people.”

“ Agreed, all our competitors are experiencing the same thing.”

“ I can assure you, someone in your industry has the lion’s share of talent. That someone might not be you—just yet.”

“ It’s the job of HR to hire and develop people.”

“ Yes, my HR team can train them better than anyone.”

“ Actually, it’s the job of the hiring manager to recruit and develop team members.”

“ People are lucky to have a job with us.”

“ This is exactly what we allude to in the interview.”

“ That may have been true during the recession.

However, current record levels of low employment render this argument inaccurate.”

It is not just these types of inquiries that make Evergreen Talent worthy of our attention but rather the directly relatable questions she asks at the end of each chapter. To be completely honest, some will catch you off guard but in a very good way. For example, the questions asked in how we should apply the knowledge learned in Chapter 2’s Surveying the Terrain, which deals with the search for qualified talent. Forget for a moment how committed you are to finding the right person; the real question is how committed is your organization to finding that person? How will you implement the search? What will be your methodology? Tough, but necessary questions that will cause you to think differently about the solutions needed.

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This excellent HR field guide provides a structure for understanding organizational culture in a practical way. It breaks down what leaders need to do to not only create the appropriate culture but to also hire, nurture and grow people who will be successful in that culture. What is unique about this book is that it goes beyond the "obvious fits" and provides roadmaps for uncovering talent and potential brilliance that is already there. Perhaps most importantly, Matuson challenges leaders to think differently about their approach to growing a sustainable workforce.

Structure and Layout Most readers will find Evergreen Talent: A Guide to Hiring and Cultivating a Sustainable Workforce to be a quick, enjoyable read. Its twelve chapters are designed to take HR practitioners through the four distinctive stages needed for sustaining talent growth.

Part I- Preparing Your Organization does an excellent job of; debunking HR myths that tend to get in our way, identifying elements needed for talent recruitment, and how to prepare your organization for new approaches.

Part II- Seeding Your Organization reviews; identifying talent, sustainable hiring practices, and how to reinvigorate dormant workers. Part III- Cultivating Your Workforce discusses; how to identify when its time to make workforce changes, the necessity of training, and why effectively working with mature workers is so vital for your organizations’ survival. Part IV- Creating and Sustaining Growth does a remarkable job of describing how to manage it all.

Mentioned earlier, questions the author poses at the end of each chapter carry with them not only a unique sense of urgency that Matuson brings to the table but the significance of those questions to the survival of the organization. They allow the reader to approach the recruitment and retention process from a different leadership perspective. The book is filled with pragmatic advice, case studies, and best practices from companies that have done this successfully. Also included are tools to help readers assess their workplace environment and populate their organization with talent that will continue to grow, year after year.

ABOUT THE AUTHORS:

Roberta Chinsky Matuson is the CEO of Matuson Consulting, a top management consulting firm established 20 years ago, which has helped organizations of all kindsincluding GM Microsoft, and Best Buy- achieve dramatic growth and market leadership through maximizing talent.

Matuson was named one of 2018 LinkedIn Top Voices for Management & Workplace. She is quoted regularly in media such as the Wall Street Journal, Working Woman, MSNBC. com, NPR, Fox Business News, and CNN. She blogs for Fast Company, Forbes, and Thrive Global and speaks regularly to large professional and lay audiences, and has eight courses with Lynda/LinkedIn.

William Carmichael, Ed.D

Professor | Strayer University William.carmichael@strayer.edu www.strayer.edu

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37

Tennessee Bipartisan Legislation to Help Reduce Student Loan Debt

On

Monday evening, June 8, the Tennessee House voted unanimously to pass the Responsible Borrowing Initiative Act (HB2601). Behind this legislation are some staggering statistics. For example, the average student loan debt for

Tennessee borrowers, regardless of institution, is $25,250. While this is slightly better than the national average of nearly $33,000, it’s still a huge burden on the shoulders of people trying to enter the workforce and make their home in Tennessee. And what’s even worse is that, of loans made to attend public four-year colleges in Tennessee, 7.1% of them go into default. That’s more than

By KIMBERLY K. ESTEP

Additionally, we support this new legislation at WGU because, actually, the Tennessee Responsible Borrowing Initiative (RBI) is based on the WGU RBI, which we implemented in 2013, and which has been tremendously successful. In fact, the average borrowing per year per WGU student (of those who borrow) has decreased by more than 40% since 2013, and it’s still dropping. We expect to see similar incredible results from Tennessee’s legislation, and we couldn’t be more honored to have played a role in getting this cost-saving, life-improving legislation off the ground.

seven out of every 100 loans. Nationally, student debt has increased 70% in the last six years, from about $1 trillion to more than $1.7 trillion.

This has to end, and The Tennessee Responsible Borrowing Initiative (RBI) Act is a critical step toward that goal.

The RBI Act requires each institution operated by the Tennessee Board of Regents, each state university, and each campus in the University of Tennessee system to provide students with a detailed college financing plan every year. Legislators hope that this will encourage students to borrow only what they need, rather than the total amount for which they are eligible. Using a “Student Loan Scenario Calculator” – a personalized approach that gives students full visibility of their total student loan debt, including prior college debt, and projected debt at the time of graduation – students will be able to make an informed decision to borrow wisely.

The bill has already passed in the Tennessee Senate (SB2503) and is now headed to Gov. Bill Lee’s desk for signature. From the video of the House proceedings on this bill, it’s obvious that legislators are outraged about the rising cost of higher education in this state and throughout the country.

Every year, the university for which I serve as chancellor, WGU Tennessee, conducts a statewide higher-education survey of Tennesseans. Our goal is to take the temperature of Tennesseans around several key issues in higher education, figure out what barriers exist to pursuing a degree, and highlight the things that Tennesseans believe state government should prioritize. In our most recent survey, conducted earlier this year, the results were clear: 67% of Tennesseans said that cost is an obstacle to completing a degree program (with 56% noting specifically that the amount of money they’d have to borrow is a significant barrier), and 80% of Tennesseans said that student loan debt should be either a top or middle priority for Gov. Lee’s administration (50% and 30%, respectively).

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Student debt is a massive, national crisis. It’s going to take dedication and time just to get our collective arms around the various issues in play, let alone begin to solve the problem. But the RBI Act is exactly the kind of creative problemsolving that will help us do it. State Rep. Mark Cochran (R-McMinn and Monroe) and state Sen. Steve Dickerson (R-Davidson) showed initiative and true leadership in sponsoring this legislation. That the Tennessee legislature passed this bill, with full support in both the House and the Senate, demonstrates without ambiguity that this is the bipartisan will of Tennesseans. In all the turmoil of these uncertain times, this is a clear example of how people who may differ in other areas can work together on meaningful change for the good of the community. That’s the kind of good news we all need right now.

Dr. Kimberly K. Estep is the chancellor of WGU Tennessee, a state-endorsed affiliate of national, nonprofit, accredited Western Governors University. Follow her on Twitter at @chancellorestep.

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Changes to

Business Travel Post-Coronavirus

By MICHAEL L. MANSFIELD and CHRISTINA D. MCCONNELL

COVID-19 stay-at-home orders are being lifted and states are re-opening. However, uncertainty remains about the long-term impacts of COVID-19. How will businesses be impacted? How will travel change?

As the United States re-opens and we hopefully move past the worst of COVID-19, businesses will have to assess their current and future operations and plan for a “new normal.” One important aspect of that “new normal” will be business travel.

For businesses engaged in nearly every industry, the importance of business travel ranges from being a valuable tool to an absolute necessity. Business travel can help businesses connect with and establish a larger client base, which can lead to new relationships and opportunities to increase revenue. In some industries, business travel is a seemingly indispensable necessity. So, how does an employer navigate COVID-19 requirements and employee travel?

Changes to Travel Policies As the curve of active virus cases flattens, businesses should implement new policies tailored to address COVID-19 concerns. This is especially true for business travel. Travel policies should, at a minimum, address the following: 1. Review any travel requests and conduct a risk assessment. If a trip does not pass the risk assessment, it may need to be canceled.

2. Notify employees prior to leaving whether they will be required to stay away from work for 14 days upon their return.

3. Provide safety information to employees prior to their trip. This should include: (1) an explanation of what the COVID-19 virus is; (2) how the virus is transmitted; (3) what symptoms employees should look for; and (4) steps on how to avoid contracting the virus.

4. Provide employees with contact information for the CDC and local health departments at their destination prior to their trip.

5.

Provide employees with any state-specific recommendations for traveling from their departure location and into their destination location.

6. Follow updated CDC recommendations for traveling as well as any state and international guidelines.

Some employers may be unsure of what to do when an employee returns from a business trip. Should the employer quarantine the employee?

It depends.

An employer may require an employee returning from travel to stay away from the workplace for the maximum of the incubation period around 40

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14 days. The employer can do a risk assessment based upon the CDC’s three levels of COVID-19 transmission to determine if quarantine is the right decision.

The CDC’s risk assessment levels as of June 3, 2020 are: • Level 3, divided into two subcategories: o Widespread ongoing transmission with restrictions on entry into the United States o Widespread ongoing transmission without restrictions on entry to the United States • Level 2, ongoing community transmission • Level 1, limited community transmission If an employee comes back from a level 1 location, quarantine may not be necessary. A waiting period for employees returning from a level 2 or level 3 location may be reasonable, or even required, depending upon the circumstances.

An employer may also require employees returning from business travel to provide a doctor’s note certifying that they do not have COVID-19 and are able to return to work. As of March 2020, the EEOC stated that these inquiries are permitted under the Americans with Disabilities Act (ADA) because they are either not disability related or would be justified under the ADA standards for disability-related inquiries of employees.

Employers should remain up to date regarding any EEOC responses to COVID-19 and should follow the advice of the CDC and other public health authorities while restrictions remain in place. Following these guidelines will help employers reduce their potential liabilities and maintain a healthy and safe work environment.

Employer Liability A significant concern with regard to future business travel is the possibility that employees may contract COVID-19 and claim that they contracted it as a result of their work. Can an employer use a waiver to limit its liability if an employee contracts COVID-19? Does an employee have a valid workers’ compensation claim if he or she comes down with the virus?

Liability Waivers At this point, the validity of an employer requiring a COVID-19 waiver is state-specific, but no state court has yet actually interpreted or ruled on the enforceability of a COVID-19 waiver. Generally, liability waivers are enforceable against claims of negligence. A waiver does not, however, immunize an employer from liability for conduct such as gross negligence, recklessness, or intentional conduct. In addition, employee waivers in some states will be held invalid as against public policy, and waivers cannot relieve an employer of its obligations under workers’ compensation laws.

If a business chooses to require its employees to sign a COVID-19 waiver, the waiver should be drafted carefully. The waiver should explain what COVID-19 is, how it is transmitted, and have the employee acknowledge that employees are at risk of contracting COVID-19 while traveling. The waiver should include language explicitly disclaiming liability for negligence. Beyond these starting points, a “one-size-fits-all” approach isn’t possible given the wide variety of laws and regulations that could potentially impact the enforceability of a waiver in a given jurisdiction.

Practically speaking, it may be a good idea to have employees sign liability waivers before they travel for work, at least to impress upon them the risks in conducting the business travel. Always be mindful, however, that no waiver can replace an employer’s obligation to maintain a safe workplace or override applicable workers’ compensation laws. As well, employers should understand that the waiver may be held enforceable by a court, depending upon the particular circumstances.

Workers’ Compensation Worker’s compensation is a mandatory state insurance program in 49 states that provides monetary benefits to employees who are injured at work. Whether COVID-19 is covered under workers’ compensation depends upon how each state interprets its statutes. As time goes by, however, employers could be subject to workers’ compensation claims from their employees who contract the virus while they are employed.

Generally, an employee is eligible for workers’ compensation benefits when an illness is related to his or her employment and is peculiar to the workplace. In most cases, it will likely be very difficult for an employee to prove that COVID-19 is peculiar to his or her workplace. Ordinary diseases like the flu or a cold, for example, are not peculiar to the workplace because they are common to the public at large. If an employee works in a job that exposes them to asbestos, however, and later develops an illness related to asbestos exposure, that exposure is peculiar to the workplace because it is not very common to the public. Based upon what we currently know, COVID-19 is a hazard to everyone, regardless where a person is employed.

LCYFFL00420

Lastly, with regard to workers’ compensation, an employee must prove that their contracting the illness was the result of workplace exposure.

In most cases, this will likely be difficult for an employee to prove. In some states, workers’ compensation covers work-related illnesses that are primarily (more than 50%) caused by work. Employees who travel could, in theory, contract the virus from someone at a meeting they attend or while getting on a flight for the business trip. However, it could be just as likely for the employees to contract the virus from family, while shopping, or from any number of environmental sources. Therefore, an employee will generally have difficulty meeting the threshold causation requirements for a workers’ compensation claim related to COVID-19 exposure.

As businesses begin returning to a “new normal” and employees begin traveling again, employers have the opportunity to craft new travel policies, and to hopefully foster a closer relationship with their employees.

Having a travel policy that explains the risks involved and how to minimize or counter those risks while traveling can give employees returning to business travel, and their families, comfort in an uncertain time. Proper planning can also help to decrease an employer’s potential liability, leading to less conflict in the workplace.

Michael L. Mansfield, Attorney Rainey Kizer Reviere & Bell, PLC mmansfield@raineykizer.com www.raineykizer.com

Christina D. McConnell, Associate Rainey Kizer Reviere & Bell, PLC cmcconnell@raineykizer.com www/raineykizer.com

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Return to Work – Assessing the Risk and Actions to Mitigate Them This document is meant to provide a framework for deciding and preparing a company to return employees to work. We will all continue to navigate and learn within the landscape of COVID19. Our hope is this resource helps your organization prepare for returning employees to a place where they feel comfortable performing their jobs safely.

Returning to work should be something that the leadership team carefully debates and decides. Under the circumstances today, this decision is layered with complexity and should not be taken lightly.

Several questions the leadership team should have clarity on: • • • • • • • • •

What departments need to return to the workspace and why? What’s working or not working with telework/remote work as it is today?

Is there a financial need or outcome to deliver that is best met if employees return now?

Is the office ready to be re-inhabited? Was it deep cleaned? Can you reassure employees that they will be safe entering the workspace?

Is it mandatory to return to the office full time?

Will telework be allowed for those employees who continue to have constraints for childcare?

Is the business prepared to take the necessary precautions to protect the employees?

What happens if employees come back to work and get sick?

Is the business prepared to conduct screenings and protect confidential employee information?

Will the company provide training on how to maintain a safe workspace?

If the decision is to bring employees back to work, here are things to consider or put in place: •

Consider establishing a COVID19 Response Team. Depending on the size of your company, ensure that you have an appropriate representation from all key levels. If your company has separate divisions or brands with different leaders assigned, make sure to include leaders from every part of the business.

•

Develop communications that inform the employees of their return to work status. It is suggested to follow the communication process used when closing the office to reopen it. What are the terms of the return to work? The communication plans should not only inform of the business expectations, it must state terms of employment and compensation for each employee. The communication should include steps being taken to ensure employee safety.

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1

•

Prepare the Facility. Whether you own or rent your office space, the responsibility to ensure the workspace is safe is on the business owner and leadership team. Work with experts who can reassure you that a deep clean has been done and you have eliminated Sick Building Syndrome from your list of concerns. OSHA and CDC have guidelines and resources to assist in this area.

•

Establish a COVID Prevention Plan. This plan should entail all the protocols, tools and resources that will be in effect within your company/office to prevent and manage COVID19. Execution of this plan should reassure your employees you have thought through their return to work.

Elements of this plan are onsite testing, training, access to prevention supplies and resources and how-to’s so that every employee understands their responsibilities for prevention and the implications for not taking prevention seriously.

•

Prepare for the Psychology of Return to Work. Returning to work may be an escape from the challenges of home life for some employees, but not all employees will be happy or comfortable. Many employees will be dealing with some residual affects from this pandemic.

Challenges and anxiety may be related to their own preexisting conditions, returning to the office and being in an uncontrollable workspace of virus laden colleagues, challenges related to caring for other family members, financial implications of layoffs, furloughs or salary reductions.

Establish EAP options for employees to seek and get help if needed.

•

Understand the Employment Laws related to Return to Work. FMLA, Expanded FMLA, Emergency Paid Sick Leave, OSHA, DOL, Labor Relations Board, EEOC, etc., will all be at play in your return to work transition. Be informed and advised on what rules are at play for the decisions being made at every level of the organization. One leader’s decision can set off a chain of unfavorable events and place a company in a PR or legal mess.

Links to Tools and Resources: • • • • • • •

https://www.cdc.gov/coronavirus/2019-ncov/downloads/2019-ncov-factsheet.pdf https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html https://www.osha.gov/Publications/OSHA3990.pdf https://www.osha.gov/dts/osta/otm/otm_iii/otm_iii_2.html#2 https://www.osha.gov/Publications/OSHA3989.pdf https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf https://www.samhsa.gov/find-help/disaster-distress-helpline

This document and its content were created in collaboration between NOLA SHRM and Northshore SHRM. NOLA SHRM is proud to be the local affiliate of the Society for Human Resources Management (SHRM), with more than 550+ local members. Since 1949, NOLA SHRM has served as a resource for local human resources professionals and businesses providing a forum for personal and professional development on issues related to human resource management, promoting fellowship, and offering various networking experiences to keep our members engaged and current on industry trends.

NSHRM; Northshore Society for Human Resource Management has been the voice for the Human Resources community located on the Northshore of Lake Pontchartrain in Louisiana since 1999. With more than 150 employers represented contributing to matters related to business, legislative affairs and professional development for Human Resources.

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Five reasons we need emotionally intelligent leaders during times of crisis

“

By HARVEY DEUTSCHENDORF

Photo Maya Angelou

Photo Credit Biography.com

People will forget the things you do, and people will forget the things you say.

But people will never forget how you made them feel.”

hen a crisis happens, especially one that is unexpected, we humans tend to react in a fight or flight response. As humans, when the unexpected happens and launches us into a place of fear we are hard wired to react with a flight, or fight response, programmed into our primitive brain from the time we lived in caves. During times of crisis, such as we are now experiencing, we look to our leaders more than ever to provide us with guidance, hope and support. While our leaders will not have all the answers, we have expectations that they will find the right people to help them, provide moral support and direction and shine a light to help us find our way to a better place. We are looking for someone who we trust to have our best interests at heart. This requires a leader who has a level of emotional intelligence in order to manage their emotions and help us in managing ours for the better good of all of us.

Here are 5 things that emotionally intelligent leaders demonstrate in times of crisis

Empathy

Maya Angelou said, “People will forget the things you do, and people will forget the things you say. But people will never forget how you made them feel.” How leaders are judged in a difficult time is not necessarily what they said or did, but how they made people feel. While they may say the right words read from a teleprompter, many people will sense if the leader is not being authentic, or simply saying what is expected of them. Leaders who are genuinely empathetic and concerned for the needs of those they represent will come across as honest, sincere and authentic.

Self-Awareness

Social Awareness

Emotionally intelligent leaders are aware of how the crisis is affecting those involved and think of this before they communicate publicly. A major fail in this regard came about after the Gulf of Mexico oil spill, when CEO, Tony Haywood, stated, “I just want my life back”. His lack of awareness how this came across to the loved ones of those who lost their lives and everyone who was affected made him sound totally tone deaf. It showed a complete lack of empathy and awareness of how others might feel and see things during this time.

Strong Authentic Communication

While it is important that a leader have good communications skills during crisis situations, it is also important that they speak with authenticity and in a style they speak in naturally. People who are used to hearing them speak will pick up when a leader is communicating differently than usual and question their genuineness and authenticity. Communicating through a crisis is often the most difficult thing a leader has to do and can push them far out of their comfort zones. The best leaders rise to the occasion and push themselves to the point of allowing the best of themselves to come through.

Like all of us, leaders have the full range of emotions. Because of their power to influence so many people, the expectation to keep their emotions in check are much greater than they are for the rest of us. During times of crisis, the most effective leaders are able to control their fear, their impulse to avoid any responsibility and blame others that we all struggle with during the most difficult times. To keep their emotions in check, leaders need to be aware of what they are feeling, what emotions may be most difficult for them to manage, and work on having them under control before communicating publicly.

Adaptability

During a crisis, the situation may change drastically and constantly without warning.

It is crucial that leaders are able to move along with the crisis as it changes. Being uncomfortable with not having all the answers, being vulnerable and relying upon others who are knowledgeable are all traits that highly adaptable leaders share. They don’t pretend to have answers that they don’t have; but provide assurances and comfort in letting us know that answers will be found.

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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.

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