July 2021 Digital Issue HR Professionals Magazine

Volume 11 : Issue 7

TM

www.HRProfessionalsMagazine.com

DOL to Focus on Mental Health Parity

Re-engaging Employees Post-pandemic

How Leaders Can Disrupt the Spread of

Turnover

Top Educational Programs for HR Professionals

Douglas Baber,

SHRM-CP,

Certification Director HR Florida

2020 SHRM

Excel Awards

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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Proven solution to the rising cost of group health insurance Employers are seeing an average savings of 15% by taking advantage of ICHRA With group health insurance costs soaring — an increase of 18% in the last five years alone* — employers have been seeking new ways to reverse that trend.

An innovative solution came to light when the Federal Government introduced the Individual Coverage Health Reimbursement Arrangement, or ICHRA. Through this arrangement, employers offer a tax-free allowance to employees to purchase individual health coverage that can save an average of 15% compared to the cost of group health premiums. HRASimple is an innovative web-based platform that makes it easier to administer an ICHRA. (See the contact information below to learn more about HRASimple.)

As ICHRA gains in popularity, employers have questions about how to take advantage of this money-saving solution. Here’s a look at what they’ve been asking.

Q: Who can offer an ICHRA? A: An ICHRA is available to a variety of large and

small groups — including businesses, nonprofit organizations, churches, and local governments.

Q: What is required of the employer to participate?

A: You may offer an ICHRA as long as you do not also offer a traditional group plan to the same class of employees at the same time.

Q: What if an employee doesn’t use his or her allowance?

A: Throughout the year, an employee’s unused allowance may accrue. If the employee never submits receipts for the full reimbursable amount, the employer keeps the money, although the employer has the option to carry over the funds or reset them at the end of the year.

Q. When can an employer set up an ICHRA? A: An appealing benefit of an ICHRA is that you can set

up an ICHRA without having to wait for the Open Enrollment Period. Once you offer an ICHRA, that will trigger a Special Election Period (SEP) during which your employees can shop for coverage on or off the public exchange.

AN EASY WAY TO GET STARTED:

HRASimple helps you set-up and administer an ICHRA, eliminating the burden of managing your current group health plan. You decide the reimbursement level for your employees, fund the monthly premium and HRASimple does the rest.

TO LEARN MORE:

Call or email Mark Mixer, HRASimple CEO: 706-403-5672 • MMixer@HRASimple.com

Q: How does the employer contribution work?

A: You establish the reimbursement allowance for each

employee. HRASimple makes the monthly premium payment on behalf of the employee and reconciles it with the employer.

*For businesses with 3 – 199 employees; Source: Kaiser Family Foundation

HRASimple is a HealthOne Alliance, LLC company.

HealthOne Alliance is a founding member of the HRA Council (HRACouncil.org).

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Bringing Human Resources & Management Expertise to You

42%

say they would reject a job if the company lacked diversity. www.HRProfessionalsMagazine.com Editor Cynthia Y. Thompson, MBA, SHRM-SCP, SPHR Publisher

The Thompson HR Firm, LLC Art Direction

Park Avenue Design Contributing Writers Douglas G. Baber Susan K. Bilbro Douglas W. Dahl II Harvey Deuschendorf Brad Federman Susan Hanold Murray L. Harber Ashley Kuhn Kim Lafevor Tisch McDaniel Mary C. Moffatt Caitlin Porter Catherine N. Simpson James V. Thompson Janie Warner Sonya Weathers

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. ©2021 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.

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Features

5 note from the editor 6 Profile: Doug Baber, SHRM-CP, Certification Director, HR Florida 32 Chatrane Birbal New VP of Government Relations for HR Policy Association 38 Long-Term Impacts of a $15 Minimum Wage on Local Government 39 In Memory of Larry Valenti, Past President of NCSHRM 45 2020 SHRM Excel Awards Announced

Talent Management and Recruiting

10 Ahead of the Pack: How to Attract Talent During a Labor Shortage 12 Time to Rethink the Way We Work: Emergence of a New Staffing Model 14 Inspiring Others to Discover and Live Their Possible 22 Got the Vendor Blues?

24 Re-engaging Employees Post-Pandemic 34 How Leaders can Disrupt the Spread of Turnover 42 Supercharging Leadership 43 5 Tips to Show Emotional Intelligence in a Virtual Interview 46 SHRM People Manager Qualification Virtual Training 47 Fastest, Most Cost-Effective Employment Verifications

Employee Benefits

3 It’s Time to Reconsider the HRA 20 Top 10 FMLA Mistakes 36 COVID-19, Obesity, and the Path Forward for Employers 37 Employer Checklist for a Comprehensive Obesity Prevention Initiative

Employment Law

16 Sorting Out the Recent COVID-19 Guidance – Issues and Options for Employers 26 DOL to Focus on Red Flags in Mental Health Parity 30 The American Rescue Plan and Its Effect on Employers

Top Educational Programs for HR Professionals

13 Athens State University Master of Science in Strategic Human Resource Management 18 Emory University Legal Training for HR Professionals 19 Save the Dates for our July Webinars!

23 Illinois University School of Labor & Employee Relations Online Human Resources Certificate Program 27 Columbia Southern University Online HR Degree 28 Online HRCI | PHR | SPHR Certification Exam Prep Class Begins Aug 2 29 MTSU Flexible and Affordable Applied Leadership Program 31 ECU MBA Top Ranked Online or On Campus 48 WGU. Online. Nonprofit.

Surprisingly Affordable

Industry News

7 2021 HR Florida Conference & Expo Aug 29-Sept. 1 in Kissimmee 8 4th Annual Supervisor and Manager Conference Nov. 19 in Memphis 9 SHRM21 Annual Conference & Expo Sept 9-12 in Las Vegas 33 TN SHRM Conference & Expo Aug 15-18 in Nashville 40 SHRM Georgia State Conference Sept 22-24 in Stone Mountain 41 37th Annual Conference KYSHRM Aug. 31-Sept 2 in Louisville 44 Highlights from WT SHRM Conference May 20 in Jackson August Issue features Profiles of ERISA and Employee Benefits Attorneys plus Retirement Planning and Compliance - And the Latest on HR Management and the Pandemic Deadline to reserve space July 15

a note from the editor

REGISTER NOW

Our July issue is very special because we feature the top educational programs for HR professionals. If you would like to finish your degree or perhaps obtain a graduate degree, you will find many 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.

What an honor to have Doug Baber, SHRM-CP, and Certification Director for HR Florida on our July cover! He is also Human Resources & Risk Management Director at St. Lucie County Board of Commissioners. In addition, he is currently working on his dissertation for a doctorate in Business Administration.

Doug is also immediate past-president for the St. Lucie County Human Resource Association. You will want to read about Doug’s incredible accomplishments on Page 6.

Speaking of certification, if you are not yet certified, be sure to check out our website for our Online HRCI Certification Exam Prep Class beginning August 2. Our next Online SHRM Certification Exam Prep Class begins in October. Getting your HR certification is one of the most important steps you can take to move up the career ladder. If your company doesn’t provide tuition reimbursement for this important certification, pay for it yourself!

This is an investment that you will never regret. I also encourage you to become active in your local SHRM Chapter. Networking with your HR colleagues is also a great investment in your career.

SAVE THE DATE FOR THESE UPCOMING FALL CONFERENCES: TN SHRM Conference & Expo Aug. 15-18 in Nashville 2021 HR Florida Conference & Expo Aug. 29-Sept. 1 in Kissimmee 37th Annual Conference KYSHRM Aug. 31-Sept. 2 in Louisville SHRM21 Annual Conference & Expo Sept. 9-12 in Las Vegas SHRM Georgia State Conference Sept. 22-24 in Stone Mountain ARSHRM State Conference & Expo Sept. 29-Oct. 1 in Rogers NCSHRM State Conference & Expo Oct. 20-22 in Greensboro 4th Annual Supervisor and Manager Conference Nov. 19 in Memphis

Watch your email for your invitation to our July complimentary webinar sponsored by Data Facts on July 29, “The Structure of HR.” Be sure to check out our Thursday webinars in July on Page 19. Earn 4 HRCI and SHRM credits. If you are not currently receiving our monthly email invitation, you can subscribe on our website at www.hrprofessionalsmagazine.com.

cynthia@hrprosmagazine.com @cythomps

www.HRProfessionalsMagazine.com

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Douglas on the cover

G. BABER

Douglas G. Baber, SHRM-CP

Douglas Baber is a Society of Human Resources Management (SHRM) Certified Professional and holds the SHRM Inclusive Workplace Culture micro-credential. He is in his second term as the Certification Director for HR Florida and the Immediate Past-President for the St. Lucie County Human Resource Association. During his tenure, he continues to promote SHRM certification activities for the state council, SHRM affiliated chapters and their members.

In efforts to promote SHRM certified professionals he hosts weekly “Cram Sessions” study groups during each testing window that are free of charge to SHRM affiliated chapter members across the state. In each testing window these sessions are co-hosted by a certified member of the state council. Following the testing window HR Florida generously provides a $500 honorarium to a chapter member from Florida that recently passed the CP or SCP exam. These sessions are well attended and combined from the past two windows we have helped to certify fifty-one (51) Certified Professionals and eighteen (18) Senior Certified Professionals.

Throughout his career, he has been a leader and a member of a number of professional/community organizations and boards, including the St. Lucie County H.A.N.D.S. Clinic Board Chair, St. Lucie Public Schools Chair for the Referendum Citizens Advisory Committee and is a member of the Florida City County Managers Association (FCCMA), International City/County Management Association (ICMA) and the Florida Public Employers Association (FPELRA).

Doug has over 16 years of high-level public service human resources & risk management experience. He is a certified Lean Six Sigma Green Belt and has worked in a variety of capacities specializing in compensation, benefits management, recruitment and retention of employees. Additionally, Doug holds a Master of Business Administration and is currently writing his Dissertation for a Doctorate in Business Administration.

Organizations like SHRM and HR Florida put certification in the driver’s seat for professionals of all levels and fields. The networking and shared resources that certified professionals tend to display and offer to others is hands down one of the greatest things we can do as human resources professionals. The past fifteen (15) months has changed the way the world views the Human Resources profession. We as professionals need to stay on top of our game for our greatest asset, our employees. If you do not take care of your employees and their families, try to imagine what it would be like without them… 

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2021

HR FLORIDA

CONFERENCE & EXPO August 29 - September 1

Gaylord Palms Resort & Convention Center | Kissimmee, FL

130+

Concurrent Sessions

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Amazing Keynotes

14+

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Co-Hosts

Co-Emcee Judy Bell, SHRM-CP, PHR, CPBA, CPVA

Dr. Kathy Tuberville, SHRM-SCP, SPHR

Judy Bell Consulting IN PARTNERSHIP WITH

VP Programs, SHRM-Memphis University of Memphis

Ethics, Values, Integrity

Co-Emcee Dr. Deneen Lester, SHRM-CP, PHR, IPMA-SCP

LeeAnn Bailes Foster

4th Annual

CEO of Team Foster HR Strategy

SUPERVISOR AND MANAGER CONFERENCE at The Crescent Club Memphis

Human Resources Manager, Salvation Army Kroc Center West Tennessee District Director, Tennessee State Council of SHRM

5 Principles of a Healthy Organization

Brigette B. Wilson, MBA, MA-HRM, CVA

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

President, SHRM-Memphis

November 19, 2021 7:30 AM to 5:00 PM

Keynote Speakers

The Digital Divide and Its Impact on Today’s Businesses and Employers

Re-engaging With Employees Post-Pandemic

The Change Management of Today Won’t Work Tomorrow

Dr. Kimberly Estep, Chancellor

Janie Warner, SHRM-SCP

Brad Federman, CEO

WGU Tennessee

VP National HR Practice Leader

PerformancePoint LLC

Strategies to Embrace DEI in the Talent Lifecycle

Gain a Competitive Advantage by Creating a Learning Culture

The Biden Administration’s Employment Law Agenda: the first 100 days and beyond

Susan Hanold, PhD

Dr. Trish Holliday, SHRM-SCP, SPHR

Frank Day, Attorney

VP, ADP Strategic Advisory Services

Holliday | Kenning

FordHarrison

Breakout Speakers Caitlin Porter, PhD

Tammy Henry, VP Client Success

University of Memphis

Data Facts, Inc.

How Leaders can Disrupt the Spread of Turnover

Julie Henderson, VP Sales Data Facts, Inc.

Dan N. Norwood, Attorney Working Boomer Advocate

Background Screening Industry Update Age Discrimination in Employment

Breakfast and lunch included Networking Reception 5 PM Meet the speakers and get answers to your questions.

Win 7 Nights @ Sandestin Golf and Beach Resort

11 SHRM and HRCI Recertification Credits (Includes 1 HRCI Ethics Credit)

Miramar Beach, Florida Value = up to $3,000.00 Contact LeeAnn Foster at leeann@teamfosterhrstrategy.com to schedule.

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TO REGISTER, GO TO WWW.HRPROFESSIONALSMAGAZINE.COM COST: $149. PRE-REGISTRATION IS REQUIRED LIMITED SEATING AVAILABLE

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HEAR REAL, INSPIRATIONAL STORIES FROM CHIPOTLE MEXICAN GRILL, LIFE IS GOOD AND SHRM. Learn their unique perspectives on: • Creating change that positively impacts employees and the bottom line.

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SHRM21 will equip you with the strategies, tools and critical insights you need to confidently guide your workplace during ever-evolving times.

Space is limited – secure your spot today! shrm.co/shrm21-hrm

Ahead of the Pack: How to attract talent during a labor shortage

BY SUSAN HANOLD

A

ccording to the Department of Labor, the national fill rate (average job openings vs. average hires) pre-COVID was 84%. Dropping during the pandemic, the February 2021 rate was 78%. This shows that in February, there were 78 hires for every 100 job openings. Hiring during the pandemic has changed the recruiting landscape. While many wonder why there seems to be a shortage of workers, the current shortage is unique. Factors including the CARES Act, furloughed workers, long-term unemployment, low labor force participation rates, and continued COVID-19 fears are unique themselves. To navigate the talent shortage, employers need to reevaluate their recruitment strategies to ensure they’re aimed to address today’s challenges.

What is new for employers trying to hire now?

There is a drive and intention to accelerate the talent acquisition lifecycle. There is additionally a shift occurring in where recruiters can find talent, which allows for a different talent pool. As talent pools change, employers are simultaneously strengthening their focus on diversity, equity and inclusion when trying to fill open positions. With remote jobs as an option now, the talent pool only changes further. The ability to open jobs more broadly, not only to a single geographic area, makes a difference in attracting talent. These evolutions have amplified the need for solid recruiting processes.

Where do metrics make a difference?

It’s important to start by understanding why you are losing your employees. It is proactive to do “stay” interviews rather than waiting for exit interview data. Be meticulous with metrics and really laser focused. It is not about adding more sources at the top of the funnel or adding a new job board. It is common to look at the applicants rather than measuring the recruiters on sources. Hold everyone accountable throughout the funnel. Be realistic with data and have an end goal identified so you know if your efforts are successful.

How important is the candidate experience?

The candidate experience represents your business. If the top of the funnel and finding candidates is a problem then a high touch, Employee Value Proposition (EVP) should be a focus. See if your funnel is as diverse as possible. This is an opportunity in your EVP to share what your employees are experiencing in the organization and to highlight your Business Resource Groups (BRGs) if you have them. This is an opportunity for recruiters to provide real examples of how employees are included and welcomed into your company’s culture. Your EVP is about seizing the moment to build tomorrow’s inclusive workforce.

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How does diversity, equity and inclusion play a role in the hiring process?

According to SHRM, “The importance of company culture and diversity, equity and inclusion (DE&I) efforts play a big part in the decision to apply for a job. About 86 percent of job seekers say workplace culture is somewhat or very important, and 49 percent inquired about the employer's goals and efforts around improving diversity in the workplace during their job interviews. Forty-two percent said they would reject a job offer if the company lacked diversity or clear goals for improving diversity in hiring.”

Leverage established maturity models to understand where your company’s DEI efforts fall comparatively and then work in a targeted manner to close the gaps. ADP® Strategic Advisory Services offers a combination of strategy and advisory services that help organizations promote an inclusive culture, drive engagement, and accelerate performance. Its diversity maturity model provides a snapshot of a client’s current DEI efforts, including identifying what programs, policies and practices are in place to support diversity initiatives. The assessment helps to identify what may be adversely impacting results for the whole talent lifecycle and helps to determine what priorities and strategic objectives you’ll want to address. The scorecard, which can be called an analysis and is designed to keep the focus on DEI year-round, can be used as a tool to hold teams accountable for change.

What can employers do to maximize a talent pipeline?

To maximize the available talent pool, it’s critical for employers to focus on eliminating barriers, including removing geographic barriers to cater to the increased demand for remote work, and reconsidering job requirements (education and experience) to leverage transferable skills.

Once you’ve eliminated any potential barriers, focus on streamlining the recruitment process, including cutting down on application length, conducting fewer interviews, eliminating assessments, and providing a mobile friendly experience.

Lastly, bolster your benefits packages and foster a culture that attracts talent and caters to their holistic lives, including health and safety (e.g., proactively share day in the life videos), flexible work locations, career growth opportunities, family support, competitive and equitable pay, and organizational culture.

Dr. Susan Hanold, ADP

Vice-President Strategic Advisory Services

www.HRProfessionalsMagazine.com

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It’s Time to Rethink the Way We Work: Emergence of a New Staffing Model

By KIM LAFEVOR

We have all likely heard the adage “out of chaos, clarity emerges.” As much adversity and related challenges that have confronted us all during the COVID 19 pandemic, there have also been some notable ‘ah hah’ moments that have created some important paradigm shifts. It is likely most of us have seen such a phenomenon with how we look at work and how it is done.

The stark reality is that we will never again think about work, how, and where it is done quite the same. Instead, these mental workforce staffing models are being reinvented and reimagined. Our perceptions and realities have been challenged. Most of us have come to a place where we know it is time for change in our workplaces and employment arrangements. Where are our respective organizations in adopting this “break with” traditional thinking about work and staffing models? In what ways has our thinking been ‘forever changed’?

Organizational leaders are also redefining critical skills and competencies that are needed to meet mission-critical strategic goals. In these new definitions, skills rather than specific job roles are continuing to rise in level of importance. In preparing for these emerging changes, HR can best prepare by encouraging employee reskilling and upskilling that expand job options, bolster succession plans and redesign workforce planning to reflect this new workforce model (Gartner, 2021).

Future Work Trends: Migration to New Employment Arrangements Before we can confidently dive into examining these shifting views of where and how we work, it is essential to explore the long-term implications of the pandemic on employment arrangements. A Gartner (2021) survey suggested that the impact of COVID 19 has led to notable and evolving workplace trends that will redefine our organizations and how we think about human capital and talent management. This foreshadowing includes three major themes: 1) acceleration of specific workplace strategies, 2) new definitions of critical skills and related performance outcomes, and 3) changes in organizational priorities and value proposition.

Among these futuristic workplace trend predictions, include three primary workplace strategies that will emerge as increasingly ‘business essential’: 1) remote work, 2) employee data, and 3) the role of the employer as a social safety net. It is purported as much as 48% of the workforce can expect to work remotely for their employers at least some portion of their work week today, compared to 30% pre-pandemic. Such changes necessitate HR professionals to identify needed skills that facilitate remote work and digital acumen, adapt management styles to fit remote workplace models, provide multiple flexible work options to employees and broaden the recruiting pool to fit them, and redefine how work performance and outputs can be best evaluated.

With remote working arrangements also brings in many cases increased electronic monitoring or use of passive data (i.e. virtual log-in/out, computer/ phone usage, email/internal communications, location, movement). While 16% of employers report such use of this type of data during the pandemic, it is anticipated that human resource professionals will be called upon to improve ethical data storage, redefine related policies, and rethink how collected data will be used to evaluate productivity, engagement, and performance. Finally, amidst these anticipated fast-paced trends, it is contended that organizational strategies will evolve and confront the growing role of the employer as a social safety net. While the employee experience is being expanded in many cases to include personal factors to include family responsibilities, it is projected that HR’s role will need to evolve into greater advocacy and a new or renewed focus on employee well-being and mental health to meet the changing needs of the workforce (Kropp, 2021).

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Rethinking work has led in some cases the humanization of work and dehumanization in other instances. However, it has presented an opportunity to reassess and adapt organizational priorities.

Whether an employee’s work is performed on-site or remotely, there is a growing demand for emotionally intelligent leaders who can clearly define and articulate expectations and performance deliverables, promote diversity and strengthen a culture of inclusiveness, while also recognizing important and unique individual employee contributions.

Existing Gaps: Employees Expect Change in the Way They Work In a similar theme, over the past year, we have all observed firsthand the transformational digitalization of work and how it has prompted unprecedented changes in the workplace and the way we work. To best assess how these pervasive changes have globally influenced working arrangements, Citrix (2021) conducted a study referred as the Work 2035 Project. This initiative, also known as “Talent Accelerator,” collected feedback from 500 HR directors and 2,000 knowledge workers from both large and middle-sized organizations with at least 500 employees, all participants had or were continuing to work from home due to COVID-19 restrictions. The conclusions from this study unveil a glimpse of what employees have come to expect as the ‘new work standards.’ There are three emerging priorities: 1. Employees overwhelmingly expect flexible options 2. Employees want to re-imagine how productivity is measured 3. Employees want to work with a diverse team

Results from this study indicate that 88% of employees assert that overall flexibility in both work hours and location will be a major determinant in their employer of choice, while 76% maintain that they will also prioritize their valued lifestyle over proximity to work or compensation. Further, 86% of employees report that they prefer working for employers that value overall impact of their work versus work volume or output. The same number of respondents assert they want an employer that prioritizes diversity and creates a climate of equity and inclusiveness. Conclusions drawn from this research offer guidance and demand for major shifts in talent management.

3. Develop and implement (or further enhance) an agile learning agenda to meet specific employer needs and the employee’s desire to reskill and upskill It is maintained by offering employees involvement in the creation of their own flexible work options that are customized and personalized, and allowing them to find balance in both their professional and personal lives, organizations can best assure employee retention, as well as attract the best talent in the future. Furthermore, providing the opportunity for employees to upgrade their current knowledge and skills can twofold serve to meaningfully invest in critical talent for a competitive advantage, but also serve to motivate and inspire employees who can tangibly see the employer’s investment in them.

A Call for New Staffing Models In response to the employee call for new staffing and employment models, organizational leaders will need to take recalibrated steps to attract and retain talent in the future. Recent developments have suggested it will be necessary for organizations to rethink their social contract of work. In this evolving era of unconventional approaches to talent management, HR leaders can offer helpful guidance. Minahan (2020) recommends three primary areas to target:

In Conclusion-Reality Check The reality is how we look at work and how it is done will never, ever again, be the same. Work design and staffing models will have to be reimagined and reinvented. It is time to peel back the cloak of tradition and rethink the way we work.

1. Create flexible work schedules, where outcomes, versus time and location, matter most 2. Focus recruiting efforts with a broader lens with emphasis on utilization of untapped pools of talent, such as retirees, gig workers, and existing homeforce willing and preferring to work remotely, and generally from home

Kim LaFevor, DBA, SHRM-SCP, SPHR, IPMA-SCP, NDC-CDP

Senior Executive to the President for Strategy & Innovatioon Athens State University Kim.LaFevor@athens.edu www.athens.edu

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STRATEGIC HUMAN RESOURCE MANAGEMENT CONCENTRATION OPTIONS: Diversity & Inclusion Management l People Analytics l Talent Development l

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“Inspiring others to discover and live their possible”

By BRAD FEDERMAN and ARIS FEDERMAN

T

his is the mission of PerformancePoint LLC and it informs our work on a daily basis, 24/7/365. We believe that business is personal, built on the backs of relationships. As such, our unique investment in the success of clients and the understanding of their specific company culture helps shape our approach to talent management and anything people driven. To keep it simple, our emphasis is squarely on amplifying brands by leveraging culture, customer and associate relationships. But words are only good if backed by behavioral action and evidence. To that end, we’ll refrain from trying to explain the impact of our services.

We’d rather show you.

Not to mention the time our team employed our engagement survey process to pinpoint key issues holding a company back from growth and profitability, creating an 11 million dollar positive shift in profitability.

Our services don’t end at engagement surveys and change models, though. We cover a broad number of topics/areas, engineered and maintained by professionals while informed by the largest thought leaders in the human resource industry. Our services include but are not limited to: • Leadership Training and Cohorts • Diversity and Inclusion Initiatives • Customer Experience Initiatives

Here are two examples where the numbers speak for themselves:

• Employee Engagement Initiatives • Teams and Collaboration

Engagement & Change Model A financial services company facing a volatile stock market and the customers were taking money out of investments. The money managed was actually decreasing which affected the income of the brokers and the health of the organization. PerformancePoint provided an engagement and change model. We helped the organization redefine what success looked like using a proprietary process and model. Once new expectations were created, we provided a coaching for change and engagement model for leaders using our FastForward Change Model. Within six months, 350% increase in calls to initiate new sales cycles, 130% increase in referrals, 150% increase in contacts with new prospects, 112% increase in number of initial prospect meetings, 56% increase in revenue from new accounts.

Sales Engagement A pharmaceutical company was struggling with commoditization and increased competition. Sales were flat and they were being squeezed on profit. The sales people were unable to create value in the current relationships. They were making less money and the company was having attrition issues. PerformancePoint provided a sales engagement and change process in order to shift the behavior and approach of the sales people to a manner more appropriate for competing in this new environment. As a result, the number of contacts with customers increased by over 50%, profit increased by over 17%, and revenue per customer increased by over 30%.

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• Change Management • Strategic HR/Compensation Of course, you don’t have to take our word for it. We’d rather you hear from some of our clients about the relationships we build and the impact we bring.

“ The word that comes to mind when speaking of PerformancePoint is partnership. When TruckPro set out to redesign our competency models and succession planning tools we needed a partner who could lead the process and help facilitate conversations with subject matter experts.

PerformancePoint differentiated themselves from other consultants in the fact they were willing to roll up their sleeves, get into the details and provide tangible deliverables. Brad and his team made themselves familiar with our business and operations and executed the project accordingly. They easily connected with our employees and operated as if they were TruckPro associates. Brad and his team at PerformancePoint were able to provide the knowledge and experience to partner with TruckPro’s HR Team to drive this project through completion. Like TruckPro, PerformancePoint is focused on providing results for their customers through execution, not just discussion and strategizing.”

JASON CALLAHAN Vice President, Human Resources & Risk Management at TruckPro, LLC

“ Southern College of Optometry has been working with PerformancePoint for many years and they have become an indispensable partner of our HR department. The number of uniquely qualified consultants with varied expertise is a distinct advantage of working with PerformancePoint. Their talented and highly professional team members have provided Executive Coaching, Compensation Consulting, Leadership Development and Diversity & Inclusion workshops. Brad and his team are dedicated to their clients and deliver quality. I recommend the HR consulting services of PerformancePoint without hesitation.”

“ We were in need of a partner to help us with our employee engagement efforts. We found one. Brad Federman and the PerformancePoint team rock! They have helped us with our survey process, gain insights from the data, and most importantly supported us in our action planning to make a difference and meaningfully respond to our team members. PerformancePoint is customer focused, they problem solve and know their stuff. We are even starting to utilize PerformancePoint to support our Customer Experience strategy. We are very happy with our partnership.”

TRACY B. LINDOW

Vice President Human Resources, Metal Exchange Corporation

Executive Director of Human Resources, Southern College of Optometry

BECKY PARISI

Inspiring others to discover and live their possible. It’s what we aim to do, and the results speak for themselves.

“ We embrace deep relationships with those we serve and with each other.

When wanting to revisit our compensation philosophy and structure to support our mission, growth and executive retention we turned to a partner that equally invests in relationships; PerformancePoint. We appreciate their expertise and partnership.”

B. SCOT LENOIR President and Chief Executive Officer of Evolve Bancorp, Inc.

Brad Federman, CEO

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

Aris Federman, Workplace/Training Analyst PerformancePoint LLC afederman@performancepointllc.com www.performancepointllc.com

www.HRProfessionalsMagazine.com

15

Sorting Out the Recent COVID-19 Guidance -

As

Issues and Options for Employers

of June 1, 2021, according to the U.S. Centers for Disease Control and Prevention (CDC), less than 50% of the United States has received full vaccination against COVID-19. Despite this lessthan-stellar statistic, in May 2021, both the CDC and the U.S. Equal Employment Opportunity Commission (EEOC) issued updated guidance which in effect relaxes certain workplace policies regarding COVID-19. In early June 2021, OSHA also issued additional guidance and standards as explained below.

CDC Guidance. The CDC guidance states that fully vaccinated individuals "can resume activities without wearing a mask or staying 6 feet apart" except where otherwise required by state or local laws, but further recommends that unvaccinated individuals should continue to wear a mask, continue social distancing, and other prevention measures. The CDC guidance provides that masks should still be worn where required by an employer or private place of business, and in certain close proximity and high-risk circumstances such as while flying on planes, riding public transportation, and visiting health-care facilities. The CDC guidance adds that even fully vaccinated people with COVID-19 symptoms should “isolate themselves from others, be clinically evaluated for COVID-19, and tested for SARS-CoV-2 if indicated.”

EEOC Guidance. On the heels of the CDC updated guidance, the EEOC on May 28 updated its “Technical Assistance Questions and Answers,” issued as part of the Commission’s guidance entitled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” The Technical Assistance was updated particularly under Section K, which contains Questions and Answers addressing COVID-19 vaccinations. In the updated information, the EEOC specifically notes that federal EEO laws "do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, subject to the reasonable accommodation (subject to undue hardship) provisions of Title VII and the ADA and other EEO considerations.” The EEOC guidance reiterates the requirements under Title VII and the ADA to provide reasonable accommodations for employees who do not get vaccinated due to a disability, pregnancy, or based on religious grounds. Under those circumstances, the employee may be entitled to a reasonable accommodation such as allowing an unvaccinated employee to wear a mask, work at a social distance, work a modified shift, telework, or even accept a reassignment.

The EEOC guidance goes on to address the extent to which employers may offer encouragement, such as incentives, to employees and family members to be vaccinated. The EEOC suggests employers may provide employees and family members with educational information concerning vaccinations, may offer an incentive to employees to provide voluntarily documentation "or other confirmation" that they have received a vaccination in the community, and may offer incentives to receive voluntarily a vaccination, but the EEOC noted that because vaccinations require employees to answer pre-vaccination disability-related screening questions, a very large incentive could make employees feel pressured to disclose protected medical information. Therefore, if the vaccination is administered by the employer or its agent, the incentive must not be so 16

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By MARY C. MOFFATT

substantial as to be coercive, but this incentive limitation “does not apply if an employer offers an incentive to employees to voluntarily provide documentation … that they received a COVID-19 vaccination on their own from a third-party provider that is not their employer or an agent of the employer." Under the ADA, information about an employee's COVID-19 vaccination is considered confidential employee medical information and must be stored separately from the employee's personnel files. The EEOC notes that as a “best practice,” employers introducing a vaccination policy and requiring documentation of vaccinations should notify employees that it will consider reasonable accommodation requests based on disability or religious grounds on an individualized basis.

While Title II to the Genetic Information Nondiscrimination Act (GINA) prohibits covered employers from using genetic information of employees to make employment decisions and restricts employers from requesting or disclosing genetic information concerning employees and/or an employee's family member, the EEOC notes that under the GINA, the act of administering a COVID-19 vaccine does not involve the use of the employee’s genetic information to make employment decisions or the acquisition or disclosure of genetic information. The EEOC notes that Title II of GINA is not implicated if an employer requires an employee to provide confirmation they have received a COVID-19 vaccine from a doctor, pharmacy, or other healthcare provider in the community. Bear in mind that the guidance is based on the three COVID-19 vaccines now available, which do not inquire about genetic information. GINA's Title II provisions prohibit an employer from offering incentives to an employee in exchange for a family member's receipt of a vaccination from an employer or its agent because the pre-vaccination medical screening process would lead to the employer's receipt of genetic information in the form of family medical history of the employee and therefore the employer may not offer incentives in exchange for the family member getting vaccinated.

With respect to mandatory employer vaccination programs, the EEOC guidance provides that an employer may require a COVID-19 vaccination for all employees even though the employer knows some employees may not get the vaccine because of a disability, provided the vaccination program is part of a safety-related standard that is job-related and consistent with business necessity. If a particular employee is not able to meet the safety-related qualification standard because of a disability, under the ADA the employer may not require compliance unless it can demonstrate that the individual would pose a direct threat that cannot be eliminated or reduced by reasonable accommodation. Potential accommodations under these circumstances could include requiring the employee to wear a mask, permit telework, or reassign the employee to a vacant position in a different workspace. The EEOC guidance further indicates that prior to instituting a mandatory vaccination policy, employers are advised to provide managers, supervisors, and others responsible for implementing the policy with clear information concerning accommodation requests and responding to such requests.

Finally, although employers may have different safety standards based on employee vaccination status, employers should be mindful that such standards and protocols are not used in a manner that fails to comply with federal employment nondiscrimination laws.

State and Local Laws. Although the updated CDC and EEOC guidance is welcomed by many businesses, employers must be mindful of applicable state and local laws regarding mandatory vaccinations, masks, or other COVID-19 related requirements. For example, on May 25, 2021, Tennessee Gov. Bill Lee signed into law Public Ch. 513 which provides in part as follows: “ The governor shall not issue an executive order, a state agency or department shall not promulgate a rule, and a political subdivision of (Tennessee) shall not promulgate, adopt or enforce an ordinance or resolution, that requires a person to receive an immunization, vaccination, or injection for the SARS-CoV-2 virus or any variant of the SARS-CoV-2 virus."

OSHA. As employers digest the impact of the EEOC and CDC guidance, they should also be mindful of the continuing obligation under the Occupational Safety and Health Act (OSHA) to provide a workplace that is “free from recognized hazards that are causing or are likely to cause death or serious physical harm.”

On June 20, 2021, OSHA issued "Emergency Temporary Standards" (“ETS”) related to COVID-19 with respect to healthcare settings and services, such as skilled nursing homes and hospitals, assisted living facilities, etc. Perhaps reflecting the complexity in determining coverage of the ETS, OSHA has issued a flow chart for employers to determine whether the ETS apply to a particular workplace, located at: https://www.osha. gov/sites/default/files/publications/ OSHA4125.pdf/. The entire materials related to the ETS can be found at: https://www.osha.gov/coronavirus/ets.

OSHA also updated its previously issued “Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace,” which is intended “to help employers and workers not covered by the ETS to identify COVID-19 exposure risks to workers who are unvaccinated or otherwise at-risk, and to help them take appropriate steps to prevent exposure and infection.” The Guidance contains recommendations which are advisory and informational in nature, as well as descriptions of mandatory safety and health standards, which are clearly labeled as "mandatory OSHA standards." This updated Guidance from OSHA may be found at https:// www.osha.gov/coronavirus/safework.

Conclusion. In light of the relaxed masking requirements under the May guidance from the EEOC and CDC, employers are exploring options with respect to mask policy changes and as a practical matter, employers essentially have four options: (1) eliminate mask requirements only for fully vaccinated employees; (2) maintain mask requirements and other safety protocols for everyone regardless of vaccination status; (3) eliminate mask requirements and other protocols for all employees (clearly the riskiest, and arguably not in compliance with existing OSHA guidelines); or (4) develop some combination or graduated-scale of the three options above. In the event an employee refuses to disclose his or her vaccination status, the employer should handle the situation as though he/she is not vaccinated, and enforce COVID-19 safety guidelines accordingly as to that employee – of course, not in retaliation for not disclosing, but as a safety measure.

Each option has various considerations, risks, and drawbacks. For example, eliminating the mask requirement only for "fully vaccinated" employees involves certain legal considerations with respect to whether to require proof of vaccination versus relying on the “honor system;” how much, if any, information to obtain; and ensuring compliance with requirements for handling confidential medical information, etc. Obviously, eliminating the mask requirement altogether involves risks as well, such as handling an outbreak if one should occur. Of course, maintaining the mask requirement regardless of vaccination status may bring about resentment from fully vaccinated employees, which may also present enforcement issues for employers.

In implementing policies including mask requirements based on vaccinated/unvaccinated status, employers should also be mindful of the racial and ethnic disparities in the COVD-19 vaccination process. According to the CDC, as of May 13, 2021: “ Black, Hispanic and Asian people are still not getting vaccinated at the same rates as White people. …Black people account for 8.5% of those fully vaccinated, but 12.4% of the total U.S. population, and Hispanic people represent 11% of those fully vaccinated, although they make up 17% of the U.S. population.

The gap among Asian people is smaller, accounting for 5.3% of those fully vaccinated compared to 5.8% of the population. But non-Hispanic White people are notably overrepresented among those fully vaccinated. White people make up 61.2% of the U.S. population, but 65.8% of those fully vaccinated.

American Indian and Alaska Native people are also slightly overrepresented among those fully vaccinated, CDC data shows.”

The bottom line is that (subject to applicable federal, state, local or other laws) the current guidance indicates employers have some discretion to modify their policies regarding masks and other workplace protocols related to COVID-19. As mentioned above, all employers should bear in mind they have an on-going general duty under OSHA to provide a safe workplace. Employers must also consider the implications of employment laws such as Title VII, the ADA, and GINA with respect to their response to the recent CDC and EEOC guidance. Finally, employers should also continue to stay abreast of updates and developments in this area, as both the EEOC and OSHA have indicated further guidance will be forthcoming.

Due to the fast-paced nature of developments in this area, and the fact that the recent guidance from the CDC, OSHA and the EEOC requires careful analysis, employers are encouraged to seek assistance and advice from legal counsel with respect to development and implementation of workplace policies in response to the guidance, ETS and recommendations, as well as any forthcoming guidance from these agencies. The CDC guidance may be found at: https://www. cdc.gov/coronavirus/2019-ncov/vaccines/fully-vaccinated.html; the EEOC guidance may be found at: https://www.eeoc.gov/wysk/whatyou-should-know-about-covid-19-and-ada-rehabilitation-act-andother-eeo-laws.

Mary C. Moffatt, Member

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

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19

TOP 10 FMLA Mistakes

By TISCH MCDANIEL

Absence Management, or Leave Management, means putting strategies, policies, processes, and procedures in place to reduce employee absenteeism while remaining compliant with laws that may govern certain absences. The 2021 Absence Management report by Guardian, reports that eight in ten employers say COVID-19 raised seniorleadership awareness about the importance of leave management.

A very complicated component of Absence Management is the Family Medical Leave Act (FMLA) that was signed into law on February 5, 1993.

Though the law turned 28 this year, it can still prove to be extremely difficult for employers to interpret.

According to the Reed Group June 2021 webinar on Absence Management A deep dive on FMLA, 71% of employers report that making decisions on FMLA requests is a top challenge, up 48% from 2012.

HRO Partners and Unum hosted a webinar to help HR professionals maneuver the complexities of FMLA and the increasing compliance and administrative burden. Here are the top 10 FMLA mistakes employers make and best practices to avoid them, according to Unum’s Daris Freeman, Assistant Vice President and Legal Counsel. #10 Failure to monitor intermittent leaves closely Best practice: Require complete certifications and monitor absences. This should include the reason for the absence and the duration -- which should be supported by certification. #9 Improper use of recertifications Best Practice: Recertify at least every 6 months.

Recertify patterns of absence, absences that indicate a significant change in the employee’s circumstances, or if absences exceed the estimated frequency and duration. Recertify if you receive information that questions validity and utilize clinical resources to determine whether and when to recertify unknown or indefinite conditions. #8 Failure to request a new certification and redetermine eligibility in a new leave year Best Practice: Establish the one-year period of eligibility for each leave request and re-evaluate eligibility upon the first absence in the new leave year. If the employee continues to be eligible, request a new certification and authenticate, clarify, and request second and third options on the new certification as warranted.

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#7 Inappropriate use of medical certifications

#2 “Deeming” employees FMLA eligible

Best Practice: Use comprehensive medical certification forms. Return all incomplete and insufficient certifications to employee. If there are any answers that you do not understand, contact the medical provider to clarify and authenticate all questionable certifications.

Best Practice: Do not count FMLA absences against an employee unless the employee is eligible and the absence is covered. If you improperly deduct time from an employee’s FMLA bank, the employee may be entitled to an additional 12 or 26 weeks of FMLA leave.

CAUTION: The employee’s immediate supervisor cannot contact a health care provider.

Employees that work for companies that have less than 50 total employees within a 75-mile radius would not qualify for leave under FMLA. If you wish to provide employees leave in circumstances that are not covered by FMLA, the best solution is to grant a corporate leave. This could apply to leave to care for non-qualifying family members (e.g. domestic partners or grandparents), or apply to small offices or new employees.

#6 Failure to properly designate FMLA time Best Practice: If you fail to provide timely designation, you can retroactively designate but you should ask the employee if they relied to their detriment on your failure to designate. Enforce minimum intermittent increments that align with your other leave policies, but no more than one hour.

CAUTION: You can only deduct FMLA for the time the employee was not allowed to work . Example: employer has a one-hour minimum FMLA increment but employee fell ill 30 minutes prior to the end of their shift. Only 30 minutes may be deducted. #5 Failure to calculate leave entitlement appropriately Best Practice: Appropriately determine an employee’s FMLA bank, factoring in the employee’s normal schedule and any required overtime.

Review an employee’s FMLA usage to determine if a holiday falls within a partial week of FMLA. #4 Using a calendar year 12-month period Best Practice: Use the rolling backward calculation method, which helps prevent stacking of leave.

This method provides that each time an employee takes leave, the employer looks backward 12 months to determine how much FMLA time the employee has taken.

Each time an employee takes FMLA leave, the remaining leave entitlement would be any balance of the 12 weeks that has not been used during the immediately preceding 12 months.

The calendar method allows for stacking; and under the calendar method, an employee can take 12 weeks of leave at the end of one calendar year and immediately take another 12 weeks at the beginning of the new calendar year.

And the #1 FMLA mistake employers make is improperly determining eligibility.

Best Practice: As an employer, make sure you are covered by FMLA. Verify that you had more than 50 employees for each calendar day for 20 weeks in the current or preceding year. Determine that, as of the time the employee requests leave, the employee works at a location where there are 50 employees within 75 miles. This should include all employees and temps on payroll except expatriates.

For work-at-home employees, look to the site where the employee reports or receives assignments.

Verify the employee worked for 12 non-consecutive months prior to start off leave. Include employment prior to a continuous break in service of 7 years or less. Military service should be included when calculating tenure and hours worked. Verify that the employee worked 1,250 hours immediately prior to the start of leave using FLSA “hours worked” standard, and do not include leaves or paid time off.

CAUTION: Include temp time in hours worked and tenure for any employee who worked for you as a temp.

If you were unable to attend the webinar, please email support@hro-partners.com to get a copy of the PowerPoint and to be put on an email distribution list for future webinars.

#3 Failure to provide required notices Best Practice: For the general notice, an electronic notification suffices but it must be accessible to both employees and applicants. If your company has a handbook, a general notice must be included.

Senior Consultant HRO Partners LLC Tisch McDaniel | LinkedIn

If your company does not have a handbook, you must distribute a general notice upon hire. Eligibility, Rights and Responsibilities, and Designation notices must be sent in a timely manner and with all required information.

The information contained herein does not constitute legal advice or a legal opinion on any specific facts or circumstances. The contents are intended for general information purposes only, and were used for a webinar presentation. You are urged to consult a lawyer concerning your own situation and any specific legal questions you may have.

Tisch McDaniel

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Got the Vendor Blues?

6 Signs You Should Change Your Background Screener

By SONYA WEATHERS

Vendors can make our lives easier, or they can cause us to want to run away to a secluded beach and hide from the real world. When it comes to hiring, background screening vendors play an important role. They are key in being able to move forward with the candidate you want to hire.

Are you wondering if the grass is greener on the other side when it comes to your background screening vendor? Here are 6 signs it may be time to make a change.

Is your background screening vendor PBSA accredited? Do they have a written compliance policy they can send you? You also need to be concerned with the processes they use to protect your company’s and applicant’s information. Do they offshore it or keep it in the U.S? Bottom line: The news is full of companies who are liable for big bucks because of privacy issues and data breaches. Don’t be one of them. If your current vendor doesn’t seem concerned with compliance, you might want to sever the relationship.

You Can’t Get Your Questions Answered Does every phone call or email fall into the forgotten pit of despair? Bringing people onboard takes fancy footwork and fast moves. The last thing you should be dealing with is being held up on making someone a final offer because you can’t get anyone to answer your questions or send you a completed background check.

They Only Offer Outdated Technology Embracing and investing in new technology is essential for all types of vendors, and background screening companies especially.

After all, it’s their job to provide accurate information as fast as possible. They also need to integrate with your ATS system, offer mobile capabilities, and give you a way to order and retrieve results that’s easy and intuitive. Unfortunately, keeping up with advances in technology takes considerable resources. Some companies are slow to make the cash commitment.

Bottom line: If your vendor isn’t investing in technology, it’s time to review your options.

Their Compliance Practices Are Vague and/or Shoddy HR must maintain a close watch on vendor compliance. After all, a company’s information is only as secure as its vendors’.

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Bottom line: Pay close attention to how your vendor answers your questions and the amount of time it takes them to get back to you with any follow-up information. If they lag in their communication and cause your hiring time to increase, look for a partner with a better sense of urgency and attention to detail.

You Never Get Regulation or Trend Updates Laws governing background screening change several times a year, and you should be able to depend on your screener for up-todate, high-level information. Ban-the-box laws, rules on the salary history question, and guidance about the use of credit reports for background checks are a few of the dozens of changes that have happened in the last few years alone.

Bottom line: Your vendor should be communicating new trends and laws so you can adjust your background check policy accordingly. If you never get emails about these happenings, if they have nothing on their website or social media about them, and your rep never sparks a conversation with you about them, start looking for a more proactive, informative screening partner.

They Lack Scalability Is your business growing rapidly? If you’re bringing on lots of new employees, opening new locations, and expanding into new geographic areas, your background check provider needs to be able to keep up with your advances. If not, you can lose great hires to your competition.

Bottom line: If you’re seeing slower turnaround times, mistakes, and other evidence that your background screening vendor can’t keep up with your company’s growth, the time may be right to find a new one.

Their Price Is Dirt Cheap You may have read this and said “What? I LOVE me some cheap prices!”

No, you really don’t.

Rock bottom prices may mean your vendor is cutting corners by not verifying the information they find. There may also be gaps in their systems that could cause them to miss critical information. If you’re making decisions based on incorrect information, your company is a prime target for a negligent hiring or discrimination lawsuit.

Bottom line: Don’t automatically assume a low price in a background screening partner is a good thing. As the old saying goes “you get what you pay for.”

If you’re spending significant time thinking about your background screener’s shortfalls, that in itself is a sign to investigate your options. If a vendor isn’t providing you with the newest technology, on-the-spot customer support, scalability, and information on new trends and upcoming legislation, you could probably increase the effectiveness of your hiring processes by seeking out one that will. The good news is…they are out there, waiting to work with you!

Sonya Weathers

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

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Loveafter Lock-Down: Re-engaging with Employees Post Pandemic

By JANIE WARNER

Unless you have been living in a cave in a land far, far away, you are acutely aware of the effect of the global pandemic. Upheavals in every aspect of business have been the norm – and employees, for the most part, have been able to rebound time after time. It’s a testament to the resiliency of the vast majority of humans. And as employers, we must say THANK YOU! But now, we see light at the end of the tunnel! Employers are preparing for many workers to return to the office space while many others will continue to work remotely. Because of the emotional (and of course, physical) toll wrought by COVID-19, the dynamics and cultures of our organizations have changed – in ways big and small. What can we do to prepare for another longed-for – yet feared – upheaval?

It’s time to consider what employers should do to re-engage with employees and consider how we can learn from the “Lessons of the Lock-Down”.

Lesson 1: The more agile the business, the more successfully it navigated the pandemic.

Let’s face it: employers pre-pandemic often took a position of “it’s not the way we do things” to excuse not making changes. Anything from flexible work schedules to laptops for employees, the expense or the hesitancy to try something new simply wasn’t in the cards. The pandemic changed that. Decisions about changes had to be made at the snap of the fingers – and those companies that were already in agility mode, never missed a beat. Those who had been dragging their feet on addressing the changing demands of the workforce, had a more difficult time adjusting. Suddenly, companies who never considered remote work solutions had every possible employee working from their homes. Employees who had struggled with child and elder care issues because of work schedules, found themselves being allowed to vary their work hours to accommodate the myriad COVID mandates affecting daycare, school and senior activities facilities. In many ways, the pandemic forced good change to happen.

Engagement tip: continue to be agile and flexible. Just because life may be returning to a greater sense of normalcy doesn’t mean employers should suddenly go back to rigid employment practices. Employees adapted and kept your business afloat. The least you can do is return the favor by continuing practices that kept them working.

Lesson 2: All employees have experienced loss on some level during the pandemic.

It has been said that “no one likes change.” Not true! It’s not the change itself that is distasteful, it is the unknown after effects of the change that is so scary. The pandemic was frightening in many, many ways. But the sense of loss felt by nearly every one – of all ages – has been profound. Loss of income, loss of routine, loss of feelings of belonging, loss of jobs, loss of sense of community, loss of school access, loss of varying degrees of health, and of course, loss of life. All of these losses lead people to experience grief. And the 5 stages of grief apply no matter the level of that loss.

Because of these experiences, employees will navigate the grief process in different ways at different times – and some may get stuck in one stage or another. It is that shared sense 24

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of loss that has propelled employees to feel more connected to their co-workers. And, as employers have offered empathy, compassion, care and understanding, employees have been experiencing higher than previous levels of respect and loyalty toward their companies. This has definitely been a good thing!

Engagement tip: continue to be caring, compassionate and understanding. While we are returning to normal, not everything is back to pre-pandemic status. Employees still need to know that their employer is empathetic to their situations so help them work through their personal grief processes.

Keep the respect and loyalty going by repeating your pandemic responses. Enhanced engagement will follow!

Lesson 3: Good employees always have choices!

During lock-down, many employers were in the unfortunate position of having to furlough, lay off or reduce staff because of limited demand for the companies’ products and services. As demand started to improve and employees were called back, some employers found their best folks had been hired by other companies. This lesson is important because it is ALWAYS TRUE! Even when unemployment numbers are at their lowest, if you have an employee who has marketable skills and a good work ethic, you risk them being lured away by your competition.

Engagement tip: continue to treat your employees like the valuable assets they truly are! As life and work get back to normal, never forget that your best employees (and even some of the not so great) will have choices of where to work. If you want them to stay, keep working on ways to engage them. A truly engaged employee (those whose heart is in their work –and not just their hands) is more likely to continue with that employer who demonstrates every day that they are valued and respected member of the team.

Finally, remember the Golden Rule. If we expect employees to engage with their employers and be mindful of corporate Mission, employers have to return that engagement with respect, compassion and care. It will create an unending cycle of respect>engagement>respect>engagement that will be difficult to break. Treating others/employees as we/employers want to be treated is still the greatest business philosophy to model. And in the age of post global pandemic dynamics, one of the MOST important lessons of all.

Janie Warner, SHRM-SCP National HR Practice Leader McGriff Janie.Warner@mcgriff.com McGriff.com

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DOL to Focus on Red Flags in Mental Health Parity Requests Types of NQTLs

By D OUGLAS W. DAHL II, SUSAN K. BILBRO, and CATHERINE N. SIMPSON

L

ast month, the Department of Labor (DOL) announced that it will focus on requesting information from employers where there are potential “red flags” of non-compliance with the provisions and rules of

NQTLs consist of any limitations on the scope and duration of benefits that cannot be expressed numerically. For example, the DOL has identified the following four specific NQTLs on which the agencies intend to focus their enforcement in the near term:

1. Prior authorization requirements for in-network and out-of-network inpatient services.

2. Concurrent review for in-network and out-of-network inpatient and outpatient services.

3. Standards for provider admission to a network, including reimbursement rates.

4. Out-of-network reimbursement rates, including plan methods for determining usual, customary, and reasonable charges.

the Mental Health Parity and Addiction Equity Act (MHPAEA), as modified by the Consolidated Appropriations Act, 2021 (CAA).

Section 203 of the CAA imposes a new requirement on group health plans to ensure compliance with the MHPAEA: group health plans and insurers that provide both medical/surgical benefits and mental health or substance use disorder (MH/SUD) benefits—and that impose non-quantitative treatment limitations (NQTLs) on the MH/SUD benefits—must prepare a “comparative analysis” of any NQTLs that apply. As of February 10, 2021, plans must supply this comparative analysis and other specific information upon request by an applicable state or federal agency (e.g., the DOL for ERISA plans). The DOL has been actively auditing group health plans for compliance with the MHPAEA and requesting documentation of these comparative analyses.

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Essentially, the main focus of the comparative analysis is to ensure that no arbitrary limits are placed on MH/SUD benefits that may be less favorable than on medical/surgical benefits.

Next Steps for Plan Sponsors Although Section 203 of the CAA expressly requires plans to perform and document a comparative analysis of NQTLs, it does not provide any guidance on how the comparative analysis should be conducted or what

If you have any questions about the self-compliance tool or need assistance in reaching out to your insurance carrier or TPA, please contact a member of our Employee Benefits Practice.

information it should contain. Because most group health plans rely on their insurance carriers (for insured plans) or third-party administrators (for self-insured plans) to conduct most of the activities that establish or apply NQTLs, plan sponsors should reach out to their insurance carriers or third-party administrators (TPAs), as applicable, to inquire about the specific steps they are taking to ensure compliance with Section

Douglas W. Dahl II, Member ddahl@bassberry.com Bass, Berry & Sims PLC www.bassberry.com

203. As noted above, the DOL has already begun requesting proof of compliance with the MHPAEA from group health plans, so we recommend plan sponsors take action sooner rather than later.

Susan K. Bilbro, Counsel The DOL has released a MHPAEA Self-Compliance Tool (https://www.dol. gov/sites/dolgov/files/EBSA/laws-and-regulations/laws/mental-health-

sbilbro@bassberry.com Bass, Berry & Sims PLC www.bassberry.com

parity/self-compliance-tool.pdf) that can be used to audit group health plans and address potential areas of noncompliance prior to an agency request for information. Although the Self-Compliance Tool does not satisfy the requirement for the comparative analysis under Section 203, it may still be helpful to review with your insurance carrier or TPA. Additional guidance on the comparative analysis requirement is expected by June 2022.

Catherine N. Simpson, Associate

catherine.simpson@bassberry.com Bass, Berry & Sims PLC www.bassberry.com

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Cynthia has an MBA and is certified as a Senior Professional in Human Resources (SPHR) by the Human Resource Certification Institute and is also certified as a Senior Certified Professional by the Society for Human Resource Management. She is a faculty member of Christian Brothers University. Cynthia was appointed to serve on the Tennessee DOHR Board of Appeals by Gov. Bill Haslam in 2014.

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The American Rescue Plan Act and Its Effect on Employers

By JAMES V. THOMPSON

THE AMERICAN RESCUE PLAN (ARP) ACT, the third and latest coronavirus relief bill, passed both houses of Congress and was signed by President Biden in March. It provides a new round of stimulus payments and incentives for workers, as well as additional assistance for state and local governments and small businesses.

Just as certain as it provides new hope to unemployed workers, it will also bring questions and uncertainties to employers on how the U.S. economy will rebuild and grow in the post-Covid era.

Within its $1.9 Trillion price tag, the ARP provides the following provisions affecting employers: • A third round of economic impact payments for individuals. Eligible persons (generally, individuals making up to $75,000-80,000 annually or married couples making up to $150,000-160,000 annually) will receive up to $1,400 for individuals or $2,800 for married couples, plus $1,400 for each dependent. Unlike prior stimulus payments, the ARP Act requires a 2021 “true-up” additional payment, when applicable, based on information the IRS receives mid-year in 2021. Also, families will get a payment for all dependents claimed on a tax return, not just their qualifying children under age 17.

• Up to $350 billion in emergency funding for state, local, territorial, and Tribal governments. This is intended to allow state and local governments to cover costs for public health and replace local tax revenue losses.

• A Capital Projects Fund of $10 billion for states, territories, and Tribal governments to cover capital projects such as modernized infrastructure building.

• $10 billion to state and Tribal governments to fund small business credit expansion initiatives. This is intended to provide capital access programs, facilitate loan participation, boost state venture capital programs, and enable credit guarantee programs.

• Extension of Employee Retention Credit and Paid Leave Credit programs.

This extends the availability of the Employee Retention Credit for small businesses through December 2021. Small businesses who have had declining revenues or been temporarily closed due to Covid can offset their current payroll tax liabilities by up to $7,000 per employee per quarter for 2021. As well, through September 2021, small and midsize businesses that offer paid leave to employees who take leave due to illness, quarantine, or caregiving can take dollar-for-dollar tax credit equal to wages of up to $5,000.

• Restaurant relief and additional PPP funds. A new program provides $28.6 billion in grants for restaurant and bars hurt by the pandemic. The grants, up to $10 million per company with a limit of $5 million per physical location, can be used to cover payroll, utilities, rent, and other operations expenses.

As well, $7.25 billion is added to the Paycheck Protection Program already established in 2020 stimulus bills.

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• Aid to schools. The bill provides about $122 billion in help for kindergarten through twelfth grade schools through September 2023, intended to reduce class sizes and modify classrooms for social distancing and improved ventilation. Colleges and universities will receive almost $40 billion for emergency financial aid grants. An extra $15 billion will go to child care providers in a block grant program through September 30, 2021. Student loan forgiveness is not included, but any student loan forgiveness between December 30, 2020, and January 1, 2026, will be considered tax-free and not as taxable income.

• Extended unemployment benefits. The $300 weekly federal supplement to unemployment benefits is extended through September 6, 2021. As well, Pandemic Unemployment Assistance for selfemployed and gig workers, and Pandemic Emergency Unemployment Compensation for other long-term unemployed persons, are extended to allow additional weeks of state unemployment benefits.

• A federal tax waiver on unemployment benefits. The ARP waives federal income taxes on the first $10,200 of unemployment benefits received in 2020 by middleand lower-income taxpayers, for benefits through both federal and state unemployment funds.

• A COBRA insurance subsidy. The ARP provides a 100% subsidy from the federal government for COBRA health insurance premiums, so that laid-off workers can remain on their employer-provided health plans at no cost through September. The subsidy does not apply for those who voluntarily quit their jobs.

So, how will this affect employers? As they say, the devil is in the details; the overall impact may not be felt for some time. At the forefront, the obvious positive effect will be in the money provided for businesses to help cover their payroll expenses. Small business tax credits for employee retention and paid leave programs will also assist smaller operations that are themselves trying to get back on solid financial footing.

Theoretically, they can use the tax credits and benefits to supplement their revenue in order to maintain and grow their workforce. As well, additional PPP funding and grants for the restaurant industry can help small employers shore up operational losses and pay their current employees, and might also help them afford to bring back laid-off employees or hire additional new workers. Employers can also use the tax credits for extended employee leave to maintain goodwill with current workers who may need such leave time.

For state and local governments, the additional emergency funds will help prop up budgets already stretched thin from lower tax revenues and mounting public assistance requests. Reports show that at least 26 states had declining tax revenue in the last year, and state and local governments had cut 1.3 million jobs since the pandemic began in early 2020. With these additional funds available, local employers in the public, as well as private, sector will get some relief to encourage employee retention and job growth.

However, the details of these new benefits may put some pressure on employers who are still trying to regain their fiscal footing, after a year in the slumped Covid economy.

The COBRA health insurance subsidy requires self-insured employers to cover the premium and then seek reimbursement from the federal government. The ARP Act expanded qualifying reasons for an employee to take the FFCRA leave instituted in 2020: an employee is now eligible for leave if the worker has been exposed to Covid and awaiting test results (or the employer has requested Covid testing), or if the employer is obtaining Covid immunization. The federal government is also taking a tightened focus on the tax credits for employee leave, and employers will not get those credits if they are deemed to have discriminated in offering FFCRA leave in favor of highly compensated or full-time employees or based on employment tenure.

Thus, the benefits come with additional strings for employers, at the same time that employers are still attempting to find willing, able, and qualified persons to replenish their workforce. The federal economy still lacks about 9 million jobs to recover from those jobs lost since the Covid pandemic erupted last spring.

That lagging national economy also suggests the ARP Act’s third round of stimulus payments and extended unemployment benefit payments are still a source of contention.

Proponents argue these payments help workers survive, as not all businesses have reopened and recalled employees back to work and as some workers are still hesitant to return to the workplace at a risk of contracting the Covid virus. In contrast, opponents argue the stimulus payments and additional unemployment benefits create a financial incentive for individuals not to return to work, if they can receive equal or greater payments while simply staying at home. Several employers have reported problems in finding available, qualified, and willing job candidates. As well, those who receive stimulus payments and put the money into savings because they aren’t cash-strapped may dilute the intended economic spending boost. If spending lags, then business owners don’t necessarily see increased revenue to encourage expanding operations and hiring additional employees.

Notably, the final enacted version of the ARP did not include Sen. Bernie Sanders’ amendment to raise the federal minimum wage to $15. While the House version had included the minimum wage raise, the Senate could not include such a provision to allow passage on a majority vote within the process of budget reconciliation. The issue appears destined to arise again, but for now employers are not under a federal mandate to raise wages.

TO SUM UP, the ARP Act does provide additional immediate relief funds for employers, such as the new influx of PPP money, employee retention credits, and state and local government emergency funding.

Past that, the ARP Act focuses on incentives for individual workers, but the credits for businesses may have conditions and limitations that employers must carefully consider.

James V. Thompson, Attorney Rainey, Kizer, Reviere & Bell, PLC jthompson@raineykizer.com www.raineykizer.com

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HR Policy Association Announces New Vice President of Government Relations, CHATRANE BIRBAL Birbal Brings Nearly Two Decades of Experience and Expertise in Workplace Policy HR Policy Association, representing the chief human resource officers of more than 390 of the largest private sector employers in the United States, is pleased to announce that Chatrane Birbal has joined the Association as vice president of government relations.

HR Policy Association members are the chief human resource executives of the largest corporations doing business in the United States and globally.

Collectively, member companies employ more than ten million employees in the United States, nearly nine percent of the private sector workforce, and 20 million employees worldwide.

HR Policy Association stands apart from other HR groups because it focuses primarily on the concerns of the most senior HR executive in Fortune 500 companies, and it is these chief human resource officers who shape and prioritize the Association's activities and drive its agenda. HR Policy Association has been operating for more than four decades, coming together in 1968 to address the tumultuous labor and civil rights issues that were sweeping the workplace at that time. It has remained the leading CHRO public policy organization ever since, continuing to tackle new complex problems and emerging issues such as post-COVID return to work policies and health care reform affecting senior human resource executives.

Based in the Association’s Arlington, Va. office, Ms. Birbal is responsible for leading HR Policy Association’s government relations strategy, building relationships with individuals in the U.S. Congress, Administration and regulatory agencies that oversee matters related to large employers and their workforces, including benefits, diversity and inclusion, labor, safety, immigration, and compensation policy. She will report to Association president and CEO Tim Bartl. “ Chatrane is an experienced government affairs professional who possesses the right relationships and understanding of the issues that matter most to HR Policy Association members. We are thrilled to welcome her to the team,” said Mr. Bartl.

Ms. Birbal brings nearly 20 years of high-level experience working in government affairs at the federal level. Most recently, she was the vice president, public policy for the Society of Human Resource Management (SHRM). In this role, she was directly engaged in many of the policy issues that impact the workplace and represented SHRM’s membership of over 300,000 individual HR and business executive members.

Prior to SHRM, Ms. Birbal was the director of government relations at the Council on Foundations, a Washington, D.C.-based nonprofit membership association of 2,000 grant making foundations and corporations, with assets totaling more than $282 billion. Ms. Birbal was also a federal legislative lobbyist at the American Psychiatric Association, a medical specialty society with over 38,000 U.S. and international member physicians who work together to ensure humane care and effective treatment for all persons with mental disorders, including mental retardation and substance-related disorders.

Ms. Birbal serves as a director-at-large on George Mason University’s Alumni Board. She also serves on the board of directors of Women in Government Relations the premier, non-partisan professional society dedicated to advancing and empowering women’s leadership in government relations and is a member of the Tax Coalition, which encourages the professional development of women in federal tax policy.

Ms. Birbal obtained a Bachelor of Arts degree in political science from the State University at Buffalo in Buffalo, N.Y. and received her graduate degree of public administration and public policy from George Mason University in Fairfax, Va.

HR Policy Association is the lead organization representing chief human resource officers of major employers. The Association consists of more than 390 of the largest corporations doing business in the United States and globally, and these employers are represented in the organization by their most senior human resource executive. Collectively, their companies employ more than ten million employees in the United States, nearly nine percent of the private sector workforce, and 20 million employees worldwide. They have a combined market capitalization of more than $7.5 trillion.

These senior corporate officers participate in the Association because of their commitment to improving the direction of human resource policy.

Their objective is to use the combined power of the membership to act as a positive influence to better public policy, the HR marketplace, and the human resource profession. For more information visit www.hrpolicy.org.

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Disrupting the Spread of Employee Turnover

By CAITLIN PORTER

Employee turnover is a prominent concern for organizations. Unforeseen employee departures often cause disruptions in workflows that delay task completion, increase workloads for remaining employees, and make it more difficult to achieve business objectives.

Moreover, the financial costs associated with filling an open position and onboarding a new hire can exceed 100% of the annual salary for the position. Employee turnover can also be contagious, as coworkers may choose to follow suit. Left unchecked, employee turnover may spread throughout a work group, culminating in multiple instances of turnover that result in decreased organizational performance and lower customer service quality. Although turnover contagion is more likely in dysfunctional organizations or workgroups, it can also occur in effective organizations with high-quality human resources practices. To ensure that workgroups retain members and continue functioning effectively, leaders need to be aware of what turnover contagion is, what the warning signs are, and steps to take to disrupt the spread of turnover.

turnover events, sharing stories within the group and with new hires as they replace departing employees. These stories and employer reactions contribute to beliefs and shared norms regarding the permissiveness of turnover within a workgroup or organization.

What is Turnover Contagion?

1) The leaver is moving on to a better job. When employees leave for a better job (as opposed to leaving for personal reasons), coworkers are more likely to engage in social comparisons, asking themselves whether there is a better job on the market for them.

Every employee has a probability of leaving the organization. For many employees, the incentives offered by their employers (e.g., competitive salary or wages, relationships with coworkers, opportunities for advancement, benefits, and perquisites) are commensurate with employees’ contributions to their employers (e.g., performance, engagement), which is why they stay. However, some employees experience an imbalance between their contributions and organizational incentives, leading to disengagement, job search, and turnover. Turnover contagion is the term used to describe the spread of these turnover-related thoughts, feelings, and behaviors amongst employees, and it occurs in two ways.

What are the Warning Signs of Turnover Contagion?

There are two sets of behaviors leaders need to pay attention to when seeking to disrupt the spread of turnover. First, leaders should be attentive to pre-quitting behaviors, such as those discussed previously. Initial research has shown that these behaviors are identifiable by managers and precede employee turnover.

Second, leaders should attend to turnover itself. Although any employee turnover event may trigger coworker turnover, some turnover events are more impactful than others. Research studies have revealed that certain leavers have more of an influence on the turnover of work colleagues with whom they have a relationship. Thus, leaders must be aware of who is leaving their workgroups and who these leavers have relationships with.

Specifically, leaders should be mindful of turnover contagion when:

2) The leaver is a high-performer or someone in a higher-ranking position. Seeing a successful colleague move on may encourage ambitious coworkers to consider whether they are taking the right steps to advance their own careers. Coworkers may engage in social comparisons that encourage them to take proactive steps towards improving their own work arrangement, perhaps by seeking alternative employment.

First, an employee may indicate that they have been thinking about quitting by performing “pre-quitting behaviors”. Pre-quitting behaviors include expressing dissatisfaction with aspects of the job or work environment, showing a lack of enthusiasm for the organizational mission, putting less effort into duties, eschewing responsibility, refusing to make long-term plans, or being less concerned with maintaining positive interpersonal relations with leaders or team members. Ultimately, these behaviors indicate a lack of engagement. When employees openly share their dissatisfaction, these negative attitudes can spread amongst the workgroup through a psychological process known as social information processing.

How much these negative attitudes permeate the group depends on how influential the dissatisfied employee is within the group.

3) The leaver advises others. Initial research has shown that employees are more likely to quit when someone who they seek advice from quits. In fact, people who give a lot of advice and ask for little advice from others can initiate “exit chains” from business networking groups.

Second, an employee may share details of their job search, their plans to leave, or information about alternative employment opportunities.

When an employee discusses these details with coworkers, it may prompt coworkers to consider whether their employment situations are as good as that of the departing employee, through a psychological process called social comparison (social comparisons are more likely when coworkers have a personal connection or are like the departing employee). If the coworkers conclude that the departing employee is getting a better deal at a different organization than they are at their current employer, they may begin seeking alternative employment, leading to additional employee turnover events.

Furthermore, departing employees may retain personal connections to (now former) coworkers, establishing a conduit for information about employment opportunities elsewhere.

Over time, continuous employee turnover may contribute to a “turnover culture”. Employees discuss turnover events and employer reactions to 34

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4) The leaver collaborates with or has complementary skillsets to others. Employees are also more likely to quit when their collaborators, project team members, or coworkers with complementary skillsets quit. In fact, “co-mobility” may occur, where coworkers who work together will leave within 1-2 months of one another for the same employer.

How can Leaders Intervene?

Leaders are in the best position to disrupt the spread of turnover in their workgroups by proactively seeking information from their followers about their work situations and taking steps to ensure that followers have a fair balance between their contributions to the organization and the incentives offered by the organization. There are four steps that leaders can leverage to gain insights into how to balance employee contributions with organizational incentives and in so doing, halt the spread of employee turnover.

1) Conduct exit interviews. When an employee leaves, you should seek to understand what led to their decision. Although employees may not feel comfortable being completely transparent, they will likely share some useful details. For instance, if they are leaving for a better position, ask about the features of the job that are better so that you can take steps to rectify less than optimal aspects of the work environment.

2) Understand the interpersonal relationships within your work group. A key leadership competency is understanding the interpersonal dynamics within a workplace. Understanding how people are connected and how closely they are connected can provide insights into who is most likely to be impacted by an employee’s turnover decision. Such knowledge provides insights into who may need additional assistance with their workloads (e.g., collaborator, someone in a similar functional position) and who may be more at risk for departure (i.e., a close friend of the leaver, someone with a similar personal or professional situation as the leaver).

3) Conduct stay interviews. Stay interviews should be conducted with high-performing employees, employees who exhibit pre-quitting behaviors, and employees who are at risk for turnover following an employee departure (e.g., friend of a leaver). It is useful to have a conversation with employees to understand what factors are leading to disengagement, what they enjoy about their work, and what challenges they are experiencing. Think creatively about how to fulfill your employees needs at work and identify ways to improve the work environment to promote engagement.

Even small concessions serve as gestures that make remaining employees feel like a valued part of the workgroup.

4) Promote and reinforce a developmental climate. Research suggests that employee turnover is less likely to lead to coworker turnover intentions when remaining employees have access to developmental opportunities and rewards. Thus, one tactic for dampening the spread of turnover is to promote and reinforce a climate where development and growth is valued and rewarded.

One way to do this is to regularly check-in with your employees about their performance, set goals for their development, and help them understand their future at your employing organization.

Indeed, many leaders are moving towards more regular performance discussions in which they act as a coach; such practices are associated with increased work role clarity and engagement.

A Key Caveat Although employee turnover can be costly for financial and operational performance, not all turnover is bad for an organization or workgroup. It is up to a discerning leader to understand which instances of turnover are functional (e.g., departure of a low performer), which are dysfunctional, and when to take action to reduce the spread of turnover. This requires leaders to become proactive problem solvers that identify stakeholder needs and how to fulfill them.

For additional information please reach out to the author or see her research on this topic: Porter, C. M., & Rigby, J. R. (2021). The Turnover Contagion Process: An Integrative Review of Theoretical and Empirical Research. Journal of Organizational Behavior, 42, 212-228.

Caitlin Porter, PhD

Assistant Professor Department of Management University of Memphis

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COVID-19, Obesity,

and the Path Forward for Employers

By MURRAY L. HARBER

We have explored over the past few issues the needs of employers to offer a comprehensive approach to obesity prevention and management as this chronic disease and its co-morbidities increase risk and cost to both the employee and the employer. We have learned during the current COVID-19 pandemic that individuals who are obese have even greater risks, increased costs, and are more susceptible to death. Employers must pivot and expand their offerings to support employees with not only lifestyle resources and support but also with access to effective condition management programs and other health services.

OBESITY AND COVID-19 During the past 18 months, we have discovered so much about the effects of COVID-19 on individuals especially those who have chronic conditions, unhealthy lifestyles, as well as those people of certain racial and ethnic minorities. Social inequities and those that are dissappropriately effected are also at greater risk of these severe illness issues.

The Centers for Disease Control and Prevention (CDC) reports that individuals who are obese are at increased risk of severe illness and have triple the risk for hospitalizations if they contract the COVID-19 coronavirus. Those who live with obesity already have risks such as impaired immune function and decrease lung capacity and reserve which can make ventilation more difficult. Kompaniyets et al found that patients with increased BMI are at higher risk of hospitalization, intensive care unit admission, invasive mechanical ventilation, and death. Older adults are also more likely to get severely ill as more than 80% of COVID-19 deaths occur in people older than 45.

When looking at racial and ethnic disparities, the CDC reports that non-Hispanic Black adults (39.8%) and Hispanic adults (33.8%) have higher rates of obesity than non-Hispanic White adults (29.9%). These populations are more likely to have worse outcomes from COVID-19.

Engaging these higher risk populations into preventive lifestyles and effective condition management programs is a must if we are to minimize the risk for the negative consequences of COVID-19. These groups should also focus their intention to want to live a healthier lifestyle and manage their specific conditions for optimal health improvement.

EMPLOYER INVESTMENTS Employers are investing more time, effort, and energy into health protection as they work through the pandemic and as they are considering issues around return to work, vaccinations, and employer health benefits. Health benefits planning and implementation have been stalled for a year or so and now is the time for employers to consider more pro-active approaches to provide access to resources, programs, and healthcare services to better management of obesity other chronic diseases within their employees and health plan members.

Employers have a unique opportunity and in some cases are being forced to invest more resources into having safe and healthy workplaces, promote positive remote working environments, and more resources for mental and behavioral health. Employers should work toward offering a more comprehensive approach which includes access to a variety of options for weight loss and condition management programs and services is a must.

It is an employer’s corporate responsibility and fiducial responsibility to provide meaningful and comprehensive employee benefits for all employees. Take the first step to building a comprehensive strategy using the EPIC Obesity Program Checklist.

Murray L. Harber, Founding Board Member

Employer Provider Interface Council, and Co-Chair of WellSpent Southeast

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Employer Checklist for a Comprehensive Obesity Prevention Initiative Workplace Support for Healthy Lifestyles

• Access and/or storage for healthy foods and water • Access to safe places for physical activity such as walking paths, stairwells, fitness rooms

Culture of Health in the Workplace • • • • • •

Visible leadership encouragement in activities Supervisor and Management support of participation Policies that support participation in health and wellbeing activities Communication about wellbeing and weight management offerings Encouragement of socially appropriate and distance activities Programs that promote improved diets, physical activity, and weight management

Employee Health Benefit Design and Incentives • • • •

Coverage of Medical Weight Management Programs Coverage of Bariatric Surgery Aligned incentives for participation in obesity management options Coverage of visits with a Registered Dietitian, Certified Diabetes Educators, and Health Coaches

Community and Family Connections • Partnership and discounts to local community fitness and recreational venues such as parks, sports fields, etc.

• Promotion and encouragement of local Farmers Markets and businesses that offer healthy foods and beverages • Support for local events such as walks, runs, biking and invite employees and their families to participate

INITIATIVE

Visit epicouncil.org to learn more.

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Long-Term Impacts of a $15 Minimum Wage on Local Government

By DOUGLAS G. BABER

On

November 3, 2020, the Florida voters have spoken, and Amendment 2 was passed. This initiative passed with 60.8% of the vote, just over the 60% minimum required for approval. Effective, September 30, 2021, the new Florida minimum hourly rate will be $10 an hour or $6.98 plus tips for tipped employees and set to increase $1 an hour each of the following years to $15 an hour in September 2026. This change will put the Sunshine State on a short list of states that have enacted a $15 per hour minimum wage. Other states that have approved the same minimum include California, Connecticut, Illinois, Maryland, Massachusetts, New Jersey and New York.

There has been plenty of discussion about how this will affect the private sector, but what about the public sector, especially our rural cities and counties? This article will focus on the questions you need to be asking to prepare your governmental agency for the coming effects on your projected payroll and possible wage compression.

Some organizations may not need to worry about this impending change as the market that they live in is already at a level where you are paying your entry level positions at or above this wage now to remain competitive in the market. The problem arises when in the smaller organizations that pay a competitive wage of $9 to $10 an hour now and are not able to increase services at the current wage due to budgetary constraints. Once they go to $10 an hour in September of 2021, they will be forced to look at the compression issues related to moving just those low paid employees up to the new minimum.

The first year two years will probably not hit as hard as the following three years. These years will be where the real compression starts for most. Listed below are a few items to consider as you start looking at which positions that are compressed due to the rising minimum wage and the residual effects of that move:

1

What are some of the challenges associated with wage compression?

a. Compression can hinder recruitment of top talent or the best qualified candidates as they generally command a higher starting wage. b.

Low-level managers or supervisors in highly skilled positions will be compressed when line level employee salaries begin rising to nearly the same levels.

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2

What about pay considerations for employees with seniority?

a. If this goes unattended, it could trigger possible turnover of long-time employees making less than or equal to new hires in a similar positions. b. These employees with seniority take with them many years of institutional knowledge. What have you been doing to harvest that institutional knowledge prior to their departure? Many things are triggered when this exodus begins.

3

Do you need to make pay grade or pay band adjustments?

a. Finding a balance between pay scale adjustments and minimum starting salaries is going to get tougher. b. Your employees that have been on the job for many years are not going to like being at the bottom of the pay range or anywhere south of the midpoint. Even if you bump them up and slide the pay sales they will still be near the bottom and will ultimately be training the new hire that comes on board making the same as them with little to no experience.

Ultimately, pay compression can lead to turnover if employees feel they’re being undervalued. This is more apt to happen if long-time employees discover that they’re receiving little more money than new hires. The situation can be especially troublesome when your best, most tenured employees decide to jump ship. Even if they’re not actively looking for a new job, employees can lose motivation resulting in lost productivity.

Here is a closer look at the percentage increases through 2026. Start doing the math and think about your low-skilled and semi-skilled employees and the overall effects of them making $15 upon hire in the year 2026. If you do not increase your skilled workers, they will be making the same wage and we all know that won’t help as the unemployment rate drops and people that have been sitting on unemployment begin to re-enter the workforce. Just imagine if you increased your entire organizations wages by over 58%...detrimental to most, not possible for others, but it’s the law. Take a look at this progression as it relates to the percentages of increase:

fulltime government staff. Government agencies must get smarter with their resources. In the past, during an economic downturn we did more with less. Now that the market is back up, for now, most government agencies are still operating at the same staffing levels that we were at when the recession hit in 2010.

Ultimately, $15 per hour equals inflation. Everything is going to go up for you and your employees. Yes, this means the employees are funneling more money into the economy, but they also have to pay more for goods and services too. The prime example of a future hardship is projected to be daycare, the cost of daycare could increase by over 20% throughout the state. If any of you, like myself, currently have to pay for daycare, imagine the already high rate in Florida going up by that amount, without getting paid more.

Currently, with Florida’s unemployment rate at 5.1% (May 21, 2021) and the removal of the additional funds for unemployment in June, you already see “Now Hiring” signs for workers at Domino’s and McDonald’s, for example, offering $15 an hour. They are even offering signing and attendance bonuses. Good luck keeping up with that in local government. Ultimately, certain jobs are going to be getting bid out to private providers that have traditionally been performed by

In May of 2021, Governor DeSantis stated that 900 people are moving to Florida every day. I am certain this is true, and like many of you, I think they are moving to my town. Never before have I seen so many lots being cleared for new construction homes. This means that there is going to more government services needed to be offered sooner than anyone expected. Growth is good but sometimes, too much growth is unsustainable. In one case its job security, but on the other hand it is a little overwhelming. Then on top of that the increase in the bottom of the pay scale by a dollar a year until September of 2026. Then it clearly states that salaries are to be adjusted annually thereafter for inflation.

My recommendation is to stay ahead of it and don’t just push the low earners up to the minimum wage, compressing the others. There must be a way to adjust your benefits to cover unplanned increases for staff. As the old saying goes, “you can’t eat benefits,” generally holds true, now is the time to adjust the pendulum towards the salary side of the total compensation equation effectively covering the needed cash for salaries.

In Memory of Larry Valenti February 7, 1956 – May 24, 2021 Charlotte, North Carolina President, North Carolina SHRM State Council (2018-2019) – representing over 7,000 SHRM members and 19 local chapters.

Larry joined the Society for Human Resource Management (SHRM) where he achieved the SHRM-SCP, SPHR and GPHR designations, served in many leadership positions in the local and NC level SHRM chapters, including president of the Charlotte and NC chapters, received the NCSHRM Professional of the Year (2011), the SHRM Southeast Region District Director of the Year (2014) and was inducted into the NC Human Resources Hall of Fame (2018).

TRIBUTES He was a very unique person with a plethora of hidden talents. One never knew when he would throw out a comment that would just cause you to go….Hmmmm. Usually it had to do with his multi-level thinking. He always challenged the status quo wanting local SHRM chapters and State Council to evolve to the next level in support of members and SHRM. His legacy will live on as the founder of the Lake Normal HR Chapter; an idea that started as a response to a local member’s request that he nurtured into a thriving, sustainable chapter.

- Bill Crigger

Douglas G. Baber, SHRM-CP, MBA, DBA(c)

Human Resources and Risk Management Director St. Lucie County B.O.C.C

Larry’s life was one of service. We are indebted to him for always working to elevate the view and status of Human Resources as a profession through his work with CASHRM, NCSHRM and LKNHR. He was always there to support me when I had a question or just needed advice. Larry also had a great sense of style in the way he conducted himself.

His knack for relationship-building and thinking creatively opened new doors for others in our profession. I have wonderful memories of sharing a laugh with him over lunch and his ear-to-ear grin. He will be deeply missed.

- Erin R. Kwon Larry was always available with a listening ear, kind heart and welcoming smile. He had a keen sense of what was needed in a situation and how to approach it. I fondly remember our talks and his willingness to share his perspective and offer advice. He was kind and gentle and at the same time firm and acted with a great sense of purpose. I was lucky enough to serve on two boards with him, including CASHRM. He balanced his passion for human resources with his love of family, faith and music and he shined in all of them.

- Jennifer Golynsky Memorial contributions may be made to BE THE MATCH. Larry would also love you to give a rescue dog a forever home.

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register now August 31 – September 2, 2021 Galt House Hotel | Louisville, Ky.

Keynote: Inclusion and Diversity 1:30 PM | August 31, 2021

JOHNNY C. TAYLOR, JR., SHRM-SCP President and CEO, Society for Human Resource Management (SHRM)

kyshrmconference.com

SUPERCHARGING LEADERSHIP: Southern Farm Bureau’s Strategy for Amping up Leadership Development

By ASHLEY KUHN

Supercharge

su·per·charge | \ ʹsü-pər-͵chärj \ supercharged; supercharging; supercharges Definition of supercharge transitive verb 1 : to charge greatly or excessively (as with vigor or tension) 2: to supply a charge to the intake of (an engine) at a pressure higher than that of the surrounding atmosphere 3: full of energy, emotion, tension, etc.

Every day, leaders will face challenges. Leadership – authentic leadership based on honesty, authenticity, and meaningful relationships - takes guts.

The kind of leadership that inspires others, serves others, and points them toward a greater purpose and vision is hard work. But, every challenge is an opportunity. It’s a chance to learn about yourself, improve skills and strengthen the emotional intelligence that’s crucial to effective leadership.

Developing leadership is of critical importance at Southern Farm Bureau Life Insurance Company (SFBLIC). The Corporate Training department at SFBLIC and external consultant, Olivia Martin of LivMore Inc., created a leadership development program that focuses on middle-level management to develop powerful solutions, and grows leaders to manage a changing workforce. This program was introduced as “E3- Supercharging Leadership: Engage. Empower. Excel.”

The Supercharging Leadership program was developed as a series of training sessions based on four particular topics: Leading with Purpose, Boss to Coach, The Accountable Leader, and Challenging Conversations.

The program's goal is to equip Southern Farm Bureau Life's leaders to effectively lead themselves and others to reach personal and professional goals while building an engaged community.

There are five fundamental principles of focus throughout the program, including:

Results Driven: The ability to meet organizational goals and customer expectations. Includes the ability to make decisions that produce high-quality results by applying technical knowledge, analyzing problems, and calculating risks.

Business Acumen: The ability to manage human, financial, and information resources strategically.

Building Coalitions: The ability to build coalitions internally and with external organizations to achieve common goals.1 Through this program, leadership was encouraged to practice skills that were introduced in training. At the end of each session, leaders were given a “green sheet,” representing “go and take action” based on what was discovered and learned. In addition, two weeks after the initial session on each topic, a “huddle” was scheduled. These huddles were created to allow leadership to gather together to openly share the outcome of their challenge and the impact of the strategies adopted.

Leaders also shared similar experiences and offered encouragement to one another in a safe environment. At SFBLIC, we believe that open mindsets are significant to the talent development process; for example, managers should provide more frequent feedback on development, initiate development conversations earlier, and continue throughout an employee's journey. Challenging conversations must be had throughout the organization for change to occur and for employees and leadership to develop healthy and respectful work relationships.

To help leaders grow and thrive within our organization, we cannot miss a beat when it comes to the employee experience. That means taking action to address the skills gap and supercharging the leadership pipeline. Doing so helps improve employee engagement, diversify leadership, improve business continuity, aid in critical skills retention and enhance management’s visibility to the talent pipeline. All of which will help ensure that we are developing next-level leadership.

The leadership team at SFBLIC continues to be a work in progress to become great leaders who make true and lasting commitments to developing themselves and others.

Reference: Office of Personnel Management (OPM) OPM.gov

1

Leading Change: The ability to bring about strategic change, both within and outside the organization, to meet organizational goals. Includes the ability to establish a corporate vision and to implement it in a continuously changing environment.

Leading People: The ability to lead people toward meeting the organization's vision, mission, and goals. Includes the ability to provide an inclusive workplace that fosters the development of others, facilitates cooperation and teamwork, and supports constructive resolution of conflicts.

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Ashley Kuhn, ACS, FLMI, AIRC Supervisor, Corporate Training

ashley.kuhn@sfbli.com Corporate Communications and Training Southern Farm Bureau Life Insurance Company

5 Tips While technical skills are important when it comes to finding a job, it is now widely accepted that soft skills such as emotional intelligence are equally, if not more important. To be invited to an interview means you already have the necessary qualifications for the job.

The interview is meant to determine if you will fit in with the organization. It was recently discovered by surveying 2600 hiring managers and HR professionals that emotional intelligence was seem as more desirable than IQ. The same preferences of EQ over IQ have been found in studies when it comes to promotion of employees. During COVID more interviews are being done virtually and the trend is expected to continue even after the pandemic has abated. The whole focus of an interview is to form a positive emotional connection with the interviewer(s) In my book, The Other Kind of Smart, www.theotherkindofsmart. com I dive deeper into the importance of forming emotional connections. While this is more difficult on a screen than in person, there are things we can do to give ourselves the greatest the best opportunity for success.

Here are 5 things you can do to show emotional intelligence in a virtual interview.

Become comfortable with appearing on a screen While we hear of zoom fatigue, not everyone is familiar with seeing themselves on the screen, or comfortable with it. If you are not doing regular virtual meetings or talking to friends or family on skype set up meetings to see how you look and react when seeing yourself. It is important that you can relax and be your authentic self in the interview. Play with the settings, camera angles and find the position that shows your best features. Make sure you are close enough to the screen that your upper body is clearly visible and fills most of the screen. Sitting back in the distance will not give a good impression.

to show Emotional Intelligence in a Virtual Interview By HARVEY DEUTSCHENDORF

Be aware of glare if you wear glasses. Ask others you trust to give you feedback. Looking your best will boost your confidence and help you relax.

will not show you in a positive light. I personally prefer to wear blue as it is a warm, calm color that some associate with emotional intelligence. Avoid black, red, or striking bold colors that make you stand out. Even though you may feel this helps you stand out, some people may have a negative, if unconscious bias when you wear them. Cover tattoos, if you can, for the same reasons.

Use your background to your advantage

Practice sharing some emotions virtually with a trusted confidant Virtual interviews make it more difficult to connect to connect with your interviewers on an emotional level. The challenge in victual interviews is to share your authentic self, instead of appearing wooden and stilted. Spend time with a close friend and get feedback on how you come across. Ideally you want to appear warm, open, and welcoming. Smile, if natural for you, but don’t overdo it, especially if it isn’t natural for you. You don’t want to come across as forced. Talk to your friend about situations that bring our various emotions for you and ask for feedback on how authentic you appear.

The one advantage that you have with a virtual interview is that you have control over your background. With a little time and creativity, you can use this effectively to send the message about yourself that you want. Anything to show family, community involvement, volunteering and healthy living will help. If the job requires lots of physical activity, show some evidence of an active lifestyle. For a job requiring a lot of cerebral activity a full bookshelf in the background wouldn’t hurt. I know someone who discovered before the interview that he shared a love of canoeing with one of his interviewers.

He had attached a pair of crossed canoe paddles to the wall behind him. You are only limited by your imagination. Get a trusted friend or family to check out your background get their impression.

.

Find out what you can about your interviewers and remember their names This is the case whether your interview is in person or victual, but the more you know about the people interviewing you the more opportunity for you to connect. If you know their names, see if you can find them on LinkedIn or Facebook to find out more about them. When responding to or asking a question to use the person’s name. Do this sparingly, otherwise it may appear contrived and inauthentic.

How to dress If unsure to dress, err on the side of being overdressed, rather than under. While a T shirt and sweats may feel very comfortable, they

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. www.HRProfessionalsMagazine.com

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Highlights

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1 Dr. John Carbonell, Past President, and conference chair for WTSHRM, welcomes the attendees to the conference. 2 John Burleson and James Thompson opened the conference with the first presentation, “Competitive Advantage: Recruitment and Selection.” 3 A panel discussion on “New Challenges for Employee Engagement and Retention.” Panelists (R-L): Tracey Mebane, Human Resources Manager, Lane College; Benji Huckaby, MBA, SPHR, Director of Human Resources, Corinth Coca-Cola Bottling; Karissa Schemer, MBA, Employee Relations Manager, West Tennessee Healthcare; Tim York, PHR, Senior Human Resources Business Partner, Marvin Windows; and Rob Binkley, Attorney, Rainey Kizer, Revere and Bell, PLC. 4 The Law Firm of Rainey, Kizer, Reviere & Bell, P.L.C. (L-R) Robert O. Binkley, Geoffrey A. Lindley, James V. Thompson, V. LaTosha Dexter (Deputy University Counsel with the University of Memphis) Matthew R. Courtner 5 Geoffrey Lindley and Matthew Courtner presented “Winning the FMLA Race.” 6 Taylor Flake Lawson and Rob Binkley discussed “Lighting the Torch: A Legal Update.” 7 Geoffrey Lindley and Latosha Dexter led an interactive discussion of recent employment law cases and the application of relevant concepts and HR strategies. 8 The WTSHRM Board of Directors (R-L) Anna Higgs (Communications Chair), Shea Brown (Treasurer), Karissa Schemer (Secretary), Tim Dyer (Vice President/President Elect), Janice Shipman (VP for Membership), Rhonda Livingston (President), and John Carbonell (Past President). 9 Latasha Dexter accepts a gift basket from Dr. John Carbonell in honor of her years of participation in the WTSHRM Chapter Conferences. Latasha and her family are relocating. 10-12 Sponsors 44

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2020 SHRM Excel Award Winners Announced Congratulations to the following chapters and state councils on receiving a 2020 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 477 T uscaloosa HR Professionals 92 SHRM-Montgomery

MISSISSIPPI BRONZE PLATINUM

ARKANSAS 148 NOARK HR Assn.

90 C entral Arkansas HR Association 262 NE Arkansas SHRM

PLATINUM PLATINUM SILVER

FLORIDA

11 437 38 459 139 216 74 409 546 88 80

S HRM Jacksonville Bay County SHRM HR Miami SHRM/Emerald Coast Chapter Sarasota Manatee HRA North Central Florida SHRM HR Tampa Big Bend SHRM SHRM - Volusia/Flagler Chapter Greater Pensacola Chap. of SHRM HRM Assn. of Palm Beach County

PLATINUM PLATINUM PLATINUM PLATINUM PLATINUM PLATINUM PLATINUM PLATINUM PLATINUM PLATINUM SILVER

GEORGIA 43 Central Savannah River Area SHRM 622 G reater Henry County Chapter of SHRM 128 SHRM - Columbus Area

PLATINUM PLATINUM PLATINUM

KENTUCKY 73 Louisville SHRM Inc. 365 S HRM-Bluegrass Chapter 548 Northern KY SHRM

PLATINUM PLATINUM PLATINUM

LOUISIANA 63 N OLA SHRM 207 Northeast Louisiana SHRM 580 Northshore SHRM

PLATINUM PLATINUM PLATINUM

196 N ortheast Mississippi HR Assn.

143 Capital Area HR Association 400 Gulf Coast Human Resource Association

GOLD PLATINUM PLATINUM

NORTH CAROLINA

76 648 522 627 756 132 86 570 101 65 416 120 210

Triangle SHRM Cabarrus Regional SHRM Fayetteville Area SHRM The Alamance County HR Assn.

Lake Norman HR, Inc. Raleigh Metro SHRM Winston-Salem SHRM Western North Carolina HR Assn.

Lower Cape Fear HRA Charlotte Area SHRM Central Carolina SHRM HR Mgmt. Assn. of Greensboro Iredell Human Resource Association

BRONZE BRONZE GOLD PLATINUM PLATINUM PLATINUM PLATINUM PLATINUM PLATINUM PLATINUM PLATINUM PLATINUM SILVER

TENNESSEE 83 Middle Tennessee SHRM 713 West Tennessee SHRM 387 SHRM Chattanooga 134 SHRM-Memphis

GOLD PLATINUM PLATINUM SILVER

STATE COUNCILS GA - Georgia SHRM State Council 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

GOLD PLATINUM PLATINUM PLATINUM PLATINUM PLATINUM

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