Employer Insights March/April 2007
Highlights of this issue Member Case Study, 3 EAP Corner, 4 Hotline Q & A, 8 From Beyond the Region, 11 Leader to Leader, 11 Industry Focus, 12 Legal Brief, 13
Upcoming Events Peer Group Roundtables Please see page 10
Health & Safety CEO Employee Benefits
4/10 4/18 4/26
President’s Message
What’s New? Beginning This Month, MEA’s Newsletter Has A New Look, New Features, A New Delivery Schedule and A New Name Like many MEA members, I read to be informed and entertained. I want to stay current, but like you, I am also pressed for time. That’s why I look for targeted information that I can digest quickly and enjoy in the process. I am inspired by publications such as the Harvard Business Review and the Wall Street Journal, which communicate valuable knowledge with style and intelligence in a way that both scholars and everyday readers can appreciate. I also benefit from online trade journals that conveniently deliver information directly to my inbox.
Public Seminars Please see page 14
OSHA Basics Excel Level 1 Juggling Priorities Coaching Skills
4/4 4/11 4/17 4/27
Briefings
Please see page 14
Internet Use
4/10
www.MEAinfo.org
Jim Devine, President & CEO jdevine@MEAinfo.org
When we decided to redesign MEA’s newsletter, my aim was to take what inspired me and what made my busy life easier to manage and combine it with the best parts of Membership Report, the newsletter we had been producing. I wanted to create an enhanced reading and learning experience for our members that blended the indispensable columns and information members have come to rely on with new features designed to keep you even better informed. please turn to page 6
Membership
MEA On The Move Jim Devine, President and CEO, was the featured speaker for the Chester County Human Resources Association’s member luncheon at the Inn at Chester Springs in January. Over 100 members and guests participated in Jim’s interactive presentation, “The Other Side of Branding - Building an Internal Strategy to Attract & Retain Talent.”
New Members Belfint, Lyons & Shuman PA, Wilmington, DE - CPA firm Transwall Office Systems Inc., West Chester, PA Developer & manufacturer of moveable floor-to-ceiling and architectural (relocatable) wall systems National Refrigeration & Air Conditioning Products Inc. Bensalem, PA - Refrigerator and air conditioning manufacturer Ulbrich Stainless Steels & Special Metals Inc. Wallingford, CT - Manufacturer of steel & specialty metal alloys Julabo East Inc., Allentown, PA - Manufacturer of laboratory equipment
HR Consultant, Maureen Gutkowski, SPHR, recently completed Avoiding Harassment in the Workplace, on-site training for more than 400 employees at four member companies. MEA is gearing up to present this valuable training in public sessions at our headquarters in Valley Forge, PA. Clara Console, Director of Training and Organizational Development Solutions and Evan Polin, Preferred Provider of Sales Training (from Training Resource Group), presented, “Break with Tradition and Generate More Sales” at the Union League in Philadelphia. This briefing showcased the sales training that will be included in the upcoming Sales and Sales Management Certificate programs being rolled out by MEA in May 2007. Seven member companies were represented at the briefing.
Membership Facts & Figures MEA’s 700-plus members include; 386 manufacturing companies, 102 service-related companies, 90 wholesale trade companies and 36 finance, insurance & real estate companies. Companies in the construction, transportation, utilities and retail trade industries make up the rest. 2
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Membership
2007 MEA regional compensation & benefits surveys are being conducted now. Members, your participation is greatly appreciated. Greater participation provides better quality reports.
DEADLINE: April 15, 2007
Member Case Study
Construction Firm Takes on Complex Projects Shoemaker Construction Co. prides itself on delivering quality building projects on time and tackling jobs in high-risk areas that might cause other firms to shy away. The West Conshohocken, Pennsylvania, construction management firm erects commercial and institutional buildings, often in neighborhoods in the process of being turned around. However, when it comes to company policy and human resources decisions, the 60-year-old company relies on MEA’s expertise. Shoemaker uses MEA for training, seminars, round tables and employee opinion surveys, and MEA staff recently wrote the company’s new employee handbook. Shoemaker also counts on MEA for help with FMLA issues, COBRA questions and termination matters. “MEA’s been very helpful along the way,” said Christina Lennox, Human Resources Manager for Shoemaker Construction. “Lots of times they can answer the question on the hotline.” Lennox used the MEA PHR/SPHR Human Resources Certification Study Course to help her earn her PHR after she moved to human resources from Shoemaker’s accounting department. She said additional training through seminars and roundtables, “always on hot topics,” also have been very beneficial. Founded in 1946, Shoemaker Construction Co. builds high schools, college campus structures, shopping malls, prisons, condominiums, parking garages, retirement homes and health-care facilities. The company has 63 employees and a sister firm called Alexander Building Construction with about 40 employees in Harrisburg. Both are part of Butz Enterprises of Allentown, Pa., where an additional 100 employees are based.
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Benefits
Health Coverage For All Of Our Children Pennsylvania Leads The Way By Melissa Plenzick, MEA Account Executive
Last November, Governor Ed Rendell signed into law “Cover All Kids” legislation, which is an initiative to make sure every Pennsylvania child has health insurance. The “Cover All Kids” Plan is an expansion of the existing Children’s Health Insurance Plan (CHIP) but with more lenient income tiers.
limits and has a sliding scale for the approximate monthly cost of coverage. A family of four earning: • 200 percent to 250 percent of the FPL (under $50,000) will be charged $36 a month per child.
• 250 percent to 275 percent of the FPL ($50,000 - $54,999) will be charged $50 a month per child. • 275 percent to 300 percent of the FPL ($55,000 - $60,000) will be charged $57 a month per child.
Under the CHIP Program, coverage is at no cost for children of a family of four whose annual income is under $40,000 (200 percent of the federal poverty level - FPL). CHIP is also available at reduced cost for children whose family income is up to $47,000 (235 percent of the federal poverty level). Taking the coverage initiative to the next level, the Cover All Kids program will assure 100 percent of parents who cannot afford health insurance for their children will receive assistance. The new law includes more lenient income
EAP Corner
is to protect the victim, act so that the incident is not repeated, and document it. You will then be on solid ground if you I witnessed two employees in our warehouse making a sexually provocative are ever officially asked about it. This is comment to the secretary who works probably not the first incident. Let the victimized employee know that you there. I gave them the evil eye, and heard the comment and addressed it, I’m sure they got the message loud and encourage this employee to come and clear. It was a first-time incident. to you with any concerns relative to coShould I have done more? workers’ inappropriate behavior. State that you will not tolerate disrespect in Yes, you should have said more, just as you would to an employee smoking beside the workplace or harassment of any type. Make note of this meeting. This a fuel pump. A facial gesture will not is not overreacting. Employers are now prove that you corrected the behavior, in the hot seat when it comes to issues and it won’t demonstrate adequately of sexual harassment and must act to your disapproval of it. You can decide protect employees and the employer. on the corrective response, but the goal
Do you face similar situations in your workplace? MEA’s EAP, through Care Plus Solutions, is an inexpensive, yet effective benefit to have in place. While not replacing effective employee management, an EAP is a great tool for managers when dealing with employee issues. To learn more about implementing an EAP at your company, please contact the MEA Benefits Department at 800-662-6238 or send an email to benefits@meainfo.org. Source: CarePlus Solutions
For Your Benefit Health insurance carriers typically rate groups based on the make-up of the employee group requesting coverage. Referred to as “demographic rating,” it incorporates factors such as industry, location, employee age, gender and other characteristics of the group to determine rates. Make sure your broker is using an accurate census of your group to ensure your rates are correct. Rates may change if your final enrolled census differs from the census that was quoted. 4
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Benefits
Health Coverage (continued from page 4)
• more than 300 percent of the FPL ($60,000) that cannot find or afford private health insurance for their children can purchase the coverage at the state cost, based on certain eligibility requirements. Families must show that coverage was denied due to a pre-existing condition, or that the cost of private coverage totals more than ten percent of the family’s annual income, or that the cost of private insurance is one and a half times (150 percent) more than the state monthly per child cost for Cover All Kids.
served as a model for a federal CHIP program enacted in 1997 by President Bill Clinton. Several health insurance companies licensed and regulated by the Pennsylvania Insurance Department have contracts with the state to offer CHIP health insurance. As an example, in Montgomery, Bucks and Philadelphia Counties, Aetna, AmeriChoice and Keystone all offer CHIP and will provide enrollment information and assistance. Additional information may be found at www.chipcoverspakids.com or by calling 1-800-986-kids. Materials are available in English and Spanish.
In the event parents can buy employer -sponsored coverage for their children but cannot afford the full premium, if the cost of the private insurance is less than the cost of enrolling the child in CHIP, the state will help the family pay for the private insurance.
Coverage provided through CHIP includes: • Immunizations • Routine check-ups • Prescription Drugs • Dental, Vision and Hearing Services • Emergency Care • Maternity Care • Mental Health Benefits • Up to 90 days of Hospitalization a Year • Durable Medical Equipment • Substance Abuse Treatment • Partial Hospitalization for Mental Health Services • Rehabilitation Therapies • Home Health Care
4HE %VER #HANGING 7ORLD OF %MPLOYEE "ENEFITS #AN "E AS #OMPLICATED AND 4IME #ONSUMING AS .AVIGATING A -AZE
Cover All Kids has a waiting period of six months without coverage (unless the child is two years of age or less) to discourage parents from canceling private coverage and taking the state subsidy. Called the “go bare� period, it is not applicable to infants, children who have lost coverage due to a parent losing a job, or for children who are moving from another public insurance program. The new bill allows Pennsylvania to step-up outreach efforts for existing children’s programs, such as CHIP and Medicaid (MA) to ensure every child is covered. The 2006-2007 state budget for Cover All Kids includes $4.5 million, which will be used to meet guidelines for receiving additional federal funds. In October of 2006, a record 148,335 Pennsylvania children were covered by the CHIP Plan. It is one of the nation’s most successful children’s health insurance programs and www.MEAinfo.org
,ET -%! BE YOUR GUIDE /UR EXPERIENCED FULL SERVICE "ENEFITS $EPARTMENT WILL s !SSESS YOUR COMPANY S NEEDS s (ELP YOU CHOOSE A PLAN THAT WORKS FOR YOU AND YOUR EMPLOYEES /UR #LAIM 3UPPORT $EPARTMENT WILL s "E THERE WHEN EMPLOYEES HAVE QUESTIONS ABOUT THEIR HEALTH INSURANCE CLAIMS s &REE YOU AND YOUR (2 DEPARTMENT FROM THE HASSLES OF FORMS AND PAPERWORK
800.662.6238
-%! OFFERS ASSISTANCE WITH s (EALTH INSURANCE PLANS s %MPLOYEE ASSISTANCE PROGRAMS s K PLANS s ,IFE DISABILITY AND DENTAL INSURANCE PLANS s &LEXIBLE 3AVINGS !CCOUNTS &3!S
!LLOW -%! S TRAINED PROFESSIONALS TO STEER YOU IN THE RIGHT DIRECTION
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MEA Workplace Whiteboard Employee Engagement Model What the employee is Able to do vs. what the employee actually Does vs. what you Need them to do may be quite different.
Employee is able to do the work you need them to do and is actually doing it.
Employee is able to do the work you need them to do, but is not actually doing it.
Able
Does
Employee is doing the work you need them do, but is not able to do it well – needs development and may be working outside their comfort zone.
Need
President’s Message (continued from cover) What’s New? continued from page 1
For some of those new features, we’ve reached out to the community of service providers, like our EAP provider, law firms, our background check provider, the National Association of Manufacturers and our sister Employers’ Associations to contribute content we believe our members will find beneficial. There’s also a section designed to deliver targeted information in a quick-read format to help CEOs and other leaders of our member companies manage their businesses and lead their employees. We’re proud to introduce to you this month our new and improved newsletter with a new, more descriptive name, Employer Insights. The new title is representative of 6
what we deliver to our members every day the through services such as our Employer’s Hotline, our training programs, our wage and policy surveys and our benefits and HR consulting services. It also more aptly characterizes our new information package. The newsletter will be delivered on a new schedule — every other month — and you will also receive a monthly electronic bulletin called Workplace Advisor beginning in April. The bulletin is a more targeted, technical publication containing constructive workplace compliance and other information to help members better manage their work environment. You can continue to receive Employer Insights by mail, but it can be www.MEAinfo.org
800.662.6238
delivered electronically, via e-mail, either instead of or in addition to traditional mail, if you so choose. Many of our members have already elected to receive the newsletter via e-mail by filling out the survey, either on our Web site or by fax. We will continue to update you, our valued members, on our Web site, www.meainfo.org, and our new newsletter will provide you with tips on how to find useful information there. I believe you will find our redesigned and renamed publication an indispensable tool that’s worthy of your time. I hope you enjoy it. — Jim Devine
Human Resources
An Employee Handbook And Proper Training Can Help Keep Harassment And Other Problems At Bay Paula Gill, SPHR, Director, Human Resources Services — pgill@meainfo.org
As the old saying goes, an ounce of prevention is worth a pound of cure. In the business world, that ounce of prevention is a comprehensive, up-todate employee handbook combined with proper training to help prevent harassment and discrimination. A handbook acts as a company’s policy and procedures manual and can help a company defend itself against discrimination or harassment lawsuits as well as Unemployment Compensation claims by outlining what behaviors merit disciplinary action. It also is effective at keeping supervisors consistent in their day to-day interaction with employees. Training programs can help teach employees what are considered unwanted and hurtful behaviors, leading them to be more sensitive to their co-workers’ feelings. The key to preventing harassment is awareness and avoidance of these behaviors. Your handbook should be written in a format that encourages employees to read it, with all of your company’s policies and practices described simply, directly and briefly. Topics and policies that should be addressed in the handbook include: • a disclaimer that the new handbook supersedes all prior company handbooks, policies and practices and that the handbook is not a contract, is not binding and can be changed by the company at any time. • a non-discrimination/affirmative action statement, which says the company strives to avoid discrimination based on race, color,
religion, sex, age, national origin, and disability or veteran status. • a harassment policy stating that harassment is illegal and contrary to company policy. It should list the types of harassment and advise employees who in management they should contact immediately for a swift, discreet investigation without fear of retaliation. • a drug-free workplace policy. This is required for companies with government contracts and is recommended for all companies.
Additional topic possibilities are almost endless and may depend on the specifics of your business. MEA can help by completing a comprehensive review of your current handbook or by developing a new handbook from scratch. MEA can also provide training crucial to preventing harassment in the workplace. For more information on these and any other HR-related services, please contact MEA by phone at (800) 662-6238 or via e-mail at HRservices@MEAinfo.org.
Let the professionals at MEA put their • a Family Medical Leave Act (FMLA) experience to work for you. policy. If your company must comply with FMLA, your handbook should outline the reasons employees could take FMLA; a written assurance the employee will retain his or her job for the term of the FMLA; and the procedure for applying for such leave. • a technology policy addressing the company’s e-mail and technology practices. • a cell phone policy outlining company regulations regarding use of personal or company cell phones. • an “at-will” notice to employees that they or their employer can terminate the employment relationship at any time. • a receipt acknowledging the employee has read the handbook and understands the contents. That signed and dated receipt should be placed in the employee’s personnel file for future reference in the event a disciplinary action is needed.
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Human Resources
Hotline Q & A Q
Is my company required to
send out an annual HIPAA notification to employees during open enrollment? A There are several special notice requirements that should be distributed to the employee (and their spouse/dependant(s)) at the time of their initial enrollment. They are:
Summary Plan Description- this will outline the plan and will explain any restrictions within the plan. Initial Notice of Cobra Rights- this will explain the enrollment rules if the employee leaves the company and chooses to continue coverage. The Women’s Health and Cancer Rights Act of 1998- this will outline the notice of availability of reconstructive breast surgery following a covered mastectomy.
New MEA Recruitment Desk If you are like many MEA members, you may prefer to outsource the hiring process to MEA’s
new recruitment specialist You know how time consuming the process is and how it can easily become sidetracked by other organizational priorities. Why not let MEA do the recruiting for you? Rely on MEA for support in all aspects of the recruitment process: Advantages of this MEA service: You can devote your time to other pressing issues Our knowledge of multiple recruitment sources Ability to produce quality applicants Knowledge of regional compensation data to negotiate competitive hiring packages Effective communication and coaching throughout the process Cost effective/Billing for actual project time and costs, rather than by percentage of salary The MEA recruiter will provide any or all of the following steps: Identifying competencies Posting/Advertising with appropriate sources Résumé screening/Phone screening
Interviewing Background/Reference checking Placement of candidate
See how MEA can help you. Call, fax, email or visit the Web site. HR Policy Pointer Family Medical Leave Act (FMLA) applies to employers with 50 or more employees and it guarantees 12 weeks of leave during a 12 month period for eligible employees. Did you know that you can count time off for workers’ compensation and short/long term disability towards the FMLA leave? Not only can you, but you should so that employees don’t end up with more than 12 weeks of leave. 8
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Training & Development
When Generations Collide in the Workplace By Clara Console, Director of Training and Organizational Solutions cconsole@MEAinfo.org
This is the first time in American history that we have had four different generations working together in the workplace. And THAT is creating some interesting workplace issues. A recent conversation between a telemarketer and me during the 2006 holiday season allowed me to experience head-on what we are now facing in our workplaces.
The Veterans (WWII Generation) were born anytime between 1922 and 1945. They tend to be logical, linear thinkers, and traditionalists. They prefer a stable and secure workplace. They value a respectful, orderly and structured work environment. They don’t deal well with those who are disrespectful and who don’t work well with others who aren’t disciplined. These individuals aren’t “linked into” computers, cell phones, The conversation went something like this: iPods, and Myspace.com. Veterans are Telemarketer: Hello, Ms. Console, how true believers in the traditional, nuclear family. Veterans believe in having oneare you? on-one conversations and writing memos. Me: I’m fine, how are you? The Baby Boomers, those born Telemarketer: I’m calling to see if between 1946 and 1964, are optimists you’d like to donate towards the who get involved, who believe in “____________Animal Rescue.” Mission and Vision. They have learned to work in teams and vie for leadership Me: Yes, I’d like to do that. (and I gave positions. Baby Boomers are personable, her the amount that I wanted to donate) they like two-way communication. They are not as fond of the new Telemarketer: OK, that’s wonderful. I just need some information from you technology and prefer touch-tone phones. Their attitude toward starting with the spelling of your communication is, “Call me anytime.” last name. The Generation Xers were born Me: No problem, Console is spelled between 1965 and 1980. Their core C-O-N-S-O-L-E, you know, like values center on fun, flexibility, and STEREO CONSOLE? autonomous work environments. They are direct, straightforward and resultsTelemarketer: (silence – pause) “Um, ok,…” (more silence – no response…. oriented. They look for advancement and then she concluded her questioning)
opportunities in the workplace and see education as a “way to get there” versus a birthright or a dream, as the previous generations think. Xers use cell phones and prefer to be called only at work. They are cautious with their money and tend to save, save, save. Generation Y, or the Millennial Generation, were born between 1981 and 2000. Their main characteristics include: core values that are founded on realism, confidence and extreme fun. They are members of merged families, versus the Latch-key Generation Xers. They see education as an incredible expense. Their mode of communication includes the Internet, picture phones and e-mail. They tend to spend a lot of money. This generation is turned off by sarcasm, unfairness and condescension. Being aware of these differences can help individuals tailor their messages for maximum effect at work. Managers can certainly help in that aspect by helping their employees understand these differences. We must remember that the key to getting people to accept each other and to work well together is to accept that these differences are OK.
I realized then that I was a baby boomer experiencing a world collision with another generation. I’m sure the telemarketer had a similar reaction and maybe thought, “Geez, I have no idea what she was talking about….What the heck is a stereo console?” According to experts in multigenerational employee management, each of the four generations – the Veterans, the Baby Boomers, Gen X and Gen Y – has distinct attitudes, behaviors, expectations, habits and motivational buttons. www.MEAinfo.org
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Training & Development
2007 Peer Group Roundtables CEO Roundtable
Senior Human Resources
Human Resources
Valley Forge, PA • 7:30am - 10:00am
Valley Forge, PA • 8:30am - 11:00am
Southern NJ • 11:00am - 1:30pm
• April 18, 2007 (orig. April 4, 2007) • July 18, 2007 • October 24, 2007
• May 18, 2007 • August 21, 2007 • November 13, 2007
• June 14, 2007 • September 20, 2007 • December 6, 2007
Member Subscription - $475
Member Subscription - $245
Member Subscription - $245
Training & Development
Health & Safety
Employee Benefits
Valley Forge, PA • 8:30am - 11:00am
Valley Forge, PA • 12:30pm - 3:00pm
Valley Forge, PA • 9:00am - 11:30am
• April 10, 2007 • July 17, 2007 • October 23, 2007
• April 26, 2007 • July 19, 2007 • October 18, 2007
• May 4, 2007 • September 21, 2007 • November 30, 2007
Member Subscription - $245
Member Subscription - $245
Member Subscription - $245
“The Training and Development Rountable is an excellent way to meet other training professionals with similar needs and focus. I always leave with a renewed sense of direction and enthusiasm for what I do.” – Jaci Tusman, Training Manager, ALMAC Clinical Services
Tips of the Trade Too often training is viewed as a planned event, rather than as a way of helping solve an organizational issue or problem, especially in the management training arena, where training is often disjointed and informal. Tips: Keep your strategic objectives in sight and focus on what managers need to meet those objectives. Also, focus on what you need to meet those objectives, and whether the managers receiving training have the skills to help your organization achieve desired results. The result will be a clearer training agenda with a focus on more impactful learning. 10
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From Beyond the Region
“Lipstick, Blush And Mascara, Oh My!” Makeup Requirement Ruling Affirmed
Back in 2005 we reported about a ruling in the Ninth Circuit Court of Appeals (Jespersen v. Harrah’s Operating Company, Ltd.) where the court determined that a former employee of Harrah’s Casino had failed to present sufficient evidence that the casino’s dress and grooming standards policy ran afoul of federal anti-discrimination laws.
color must be worn at all times.” Male bartenders were prohibited from wearing facial makeup. The program also contained some sex-differentiated standards.
Jespersen was fired after she refused to comply with the makeup policy and refused to apply for a position that did not require makeup. Jespersen later filed suit against Harrah’s alleging that the “Personal Darlene Jespersen had been Best” program discriminated against employed as a bartender at Harrah’s female bartenders by 1) “subjecting Casino for twenty years when Harrah’s, them to terms and conditions of in 2000, implemented a new dress and employment to which men are not grooming standards policy called the similarly subjected; and 2) requiring “Personal Best” program. The program that women conform to sex-based set forth standards that applied stereotypes as a term and condition equally to male and female bartenders. of employment.” The program required female Because Jespersen failed to present bartenders to wear makeup, stating: any evidence that the requirements “Makeup (face powder, blush and were significantly more time mascara) must be worn and applied consuming or costly for female neatly in complimentary colors. Lip
bartenders than male bartenders, the court affirmed its prior ruling. Based on the evidence they did not see that this dress code placed an unequal burden on women or imposed gender stereotyping. The court concluded that the “Personal Best” program’s sex-differentiated dress and grooming standards alone failed to establish the necessary elements of her case of sex discrimination. A victory for the employer! However, the court explicitly cautioned employers that it may reach a different decision when faced with future challenges to sex-differentiated dress and grooming standards for employees. Source: California Association of Employers MEA is part of the Employer Association Group (EAG) which consists of 66 employer associations across the country. If your company has an office in another region and you’d like to see an article from that region please contact Joanne Powell at jpowell@meainfo.org.
Leader to Leader
Best Companies To Work For: Inside The Numbers Leadership Tip: While big companies like Astra Zeneca and Vanguard have deep pockets and plush campus settings to lure and keep good employees, you don’t have to be a mega-company with If your turnover is higher than you’d buckets of cash to create a great like, take a look at your culture first. working environment. One way to Does it foster an environment where cost-effectively improve your company’s taking responsibility is rewarded? culture is through cross-functional Are there opportunities for your teams. Meaningful projects that are I visited the Web site of the employees to develop new skills themed around a product, service or organization that conducts the survey, and apply them in the workplace? process improvement cost little more greatplacestowork.com, and found Employers will always risk losing good than an investment of time and that Fortune’s rankings are driven people to better pay and benefits offered energy. With ongoing top-level primarily by employee feedback. elsewhere, but more recent trends sponsorship, these initiatives are an The two instruments used to measure indicate that people are leaving their effective way to develop future employee responses are the Trust Index jobs less often now for money than leaders, diversify employee skill-sets and the Culture Audit. The takeaway they used to. They are generally more and ultimately help you keep your for company leaders: credibility, respect, inclined to leave for personal and/or turnover down. fairness, pride, and camaraderie are professional opportunity. — Jim Devine the drivers of employee satisfaction. Fortune Magazine’s 2007 top 100 list of best places to work is out. The January 22nd issue lists Google as the top employer. Local employer W.L. Gore of Newark, Delaware finished number 10, down from number 5 last year. Other local companies in the top 100: Vanguard Group, Malvern (#95), Lehigh Valley Hospital, Allentown (#80), and Astra Zeneca, Wilmington (#72).
Sure, great perks, stock options and generous benefits can’t hurt, and Google has many. However, even Google credits its great culture as the real reason why people want to work there.
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Industry Focus: Eye on Manufacturing
Manufacturing Matters More Than Ever Ten True Facts About Manufacturing That Affect the Shape and Success of the American Economy
1 Manufacturing’s share of U.S. Gross Domestic Product is bigger than the entire GDP of France or the United Kingdom, as well as bigger than the combined economies of Canada and Mexico. America is the world’s manufacturing power house and bigger than the entire economies of Spain or Canada. It would be the eighth largest economy in the world if manufacturing were a country and roughly equal to the entire economy of China.
6 The taxes on profits paid by manufacturers (federal, state and local) were more than the combined outlays of State, Commerce, Justice, Energy and Interior departments, and roughly equal to outlays by the Agriculture Department in 2000.
7 Manufacturing is a productivity leader — manufacturing productivity grew 56 percent faster than overall non-farm business from 1995-2003: • Manufacturing: 4.2 percent per year 2 Manufacturing’s share of U.S. GDP is: • Non-farm business: 2.7 percent • 76 percent larger than retail’s share; per year • 10 percent larger than professional 8 Manufacturing alone contributes and business services, and 62 percent of the nation’s • 50 percent larger than innovation and R&D. agriculture, mining, utilities and construction combined. 9 Manufacturing is the top U.S. exporter, responsible for 64 3 Manufacturing employees earn percent of U.S. exports. Without nearly 22 percent more than the the foreign exchange earned by national salary average: manufactured exports, the United • In 2003, the average full-time States could not pay for its imports. manufacturing worker’s total compensation (wages/salary + 10 In the ’90s, manufacturing benefits + bonuses + Social Security contributions) = $63,000. was the largest contributor to economic growth: • In 2003, the average U.S. full-time worker’s total • Manufacturing (plus software): compensation =$51,000. 28 percent share • Services: 14 percent share 4 Manufacturing employs 14.6 • Finance, insurance, real estate: million workers directly and at 22 percent share least 8 million more in related industries • Transport and utilities: 10 such as services and construction. percent share 5 In 2003, manufacturers paid $54 billion in taxes on corporate profits. Second only to the finance sector, manufacturers paid more in corporate profits than the retail, information, utilities, construction, transportation, health care, mining, and agriculture sectors combined. 12
Source: National Association of Manufacturers based on U.S. Government data. For more information, contact Bill Canis, NAM Manufacturing Institute, (202) 637-3109 or bcanis@nam.org.
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Legal Brief Extension Of FMLA Protections To Disclosure Of Symptoms There is a saying among lawyers that bad facts make for bad law. In a recent case decided by the United States Seventh Circuit Court of Appeals, the Court held that an employee who disclosed a series of health problems to his employer over a four month period, without ever identifying a particular illness or disease, provided sufficient notice of a serious medical condition to be protected by the Family and Medical Leave Act. The employee was diagnosed with cancer just a week after being discharged, and presented a very sympathetic case to the court. In this case, an employee with a good work record began to disclose to his employer various infirmities, and needs for visits to a doctor. The employee told his employer that he did not want to take a certain transfer because he had a weak bladder, needed unrestricted restroom access, and that he would go to a doctor about it. Approximately three months later, the employee missed work for a week due to medical tests, and presented a medical note following the tests explaining that several serious problems had been detected that would require additional testing. In a meeting to discuss his absences and medical exams held five days after he returned to work following the testing, the employee said that he had been sick and continued to feel sick and compared his symptoms to symptoms of prostate cancer experienced by his brother-in-law. The company granted leave for two medical appointments, but then issued a written reprimand for substandard work after the first appointment. After another series of warnings and absences, the employee presented the employer with a copy of a treatment plan instructing him to avoid heavy lifting or strenuous activity. The employee then
requested vacation while he waited to receive biopsy reports. The employee was terminated shortly thereafter. Eight days later, the employee was diagnosed with prostate cancer. The employee sued for alleged violations of the Family and Medical Leave Act and the Americans with Disabilities Act. The trial court dismissed both claims saying that the employee could not show that he had provided
visits, a biopsy, and equating his condition to his brother-in-law’s prostate cancer. Accordingly, the court said it was not unreasonable to ask the employer to consider the disclosed medical history in assessing the seriousness of his asserted sickness just prior to asking for leave. However, the appeals court also revived the employee’s retaliation claims stating that the employee’s alleged insubordination act was a request for FMLA leave, or at least a key component of it, that being his demand to go home because he was very ill appeared to be insubordination to the employer. The appeals court did not reverse the lower court’s decision with regard to the ADA.
Practical Impact: This decision, although not binding on the Third Circuit Court of Appeals that hears appeals from Federal Courts in Pennsylvania, New Jersey and Delaware, illustrates how important it is for employers to be aware of adequate notice to his employer that statutory rights of employees, and to he had suffered from a serious health carefully assess all information condition. On the ADA claim, the trial available to them in making decisions. court said that the employer did not In a situation such as the one in this know that the employee had cancer case, the employer would have been at the time of discharge, and did not better served to conduct further have enough information to regard investigation and inquiry to determine him as having it (i.e. disabled). whether the leave qualified for FMLA leave. In addition to exercising the The appeals court reversed saying that an employee’s notice obligation is employee’s rights under the FMLA to make inquiry of possible need satisfied so long as he provides for FMLA leave, employers are also information sufficient to show that advised to provide training to supervisors he likely has an FMLA qualifying and managers on recognizing and condition, although an employee’s responding to potential leave and bare assertion that he is sick is accommodation situations. insufficient. The court noted that, at the time he asked for leave, just prior –Randall C. Schauer, Esquire to his discharge, he indicated that he Fox Rothschild LLP felt sick, and that the employer was already aware of the surrounding context which included references to his weak bladder, frequent medical www.MEAinfo.org
800.662.6238
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APRIL 2007 Seminars & Events MONDAY
2
TUESDAY
3
WEDNESDAY
4 • OSHA Basics VF • Basics of Compensation NJ • PHR/SPHR Human Resources Certification Program VF
9
10
11
• Internet Use, Electronic Records: How They Can Hurt You in Litigation VF • Health & Safety Roundtable VF
16
17
• Planning, Developing and Managing Your Organization’s Training (PDM) VF • PHR/SPHR Human Resource Certification Program VF
18
5
12
• Leadership Skills for Today’s Workforce NJ
19
•Juggling Multiple Priorities VF
• Microsoft Excel Level 2 VF
• Successful Communication VF
24
25
• Supervision Basics VF • P.D.C.A. (Plan Do Check Act) VF
• Managing Change Successfully VF • Microsoft Excel Level 3 VF • DOT Hazmat Management NJ
13
• Forklift Operator Certification NJ
• Adult, Child and Infant CPR with AED VF
• Chief Executive Officer Roundtable VF
6
• Managing Teams VF
• Compensation Plan Design NJ • Handling Difficult People VF
FRIDAY
• Basics of Federal Employment Laws VF
• Inspections for Incident Prevention NJ
• Essentials of Human Resources Roles and Responsibilities VF
23
• Microsoft Excel Level 1 VF
THURSDAY
20 • Professional Impact VF
• First Aid & Bloodborne Pathogen Training for Emergency Responders VF
26 • Effective Employee Relations, Recognition and Evaluations VF
27 • Coaching Skills for Managers and Supervisors NJ
• Employee Benefits Roundtable VF
30
VF denotes seminars held at Valley Forge, PA, Training Facility. NJ denotes seminars held at Atrium II Executive Suites, Mt. Laurel, NJ, Training Facility.
Registration Information: For seminar descriptions, times and fees, please refer to the current MEA Training Catalog or call the Training Department at (800) 662-6238. To register for any program, please visit our Web site, www.MEAinfo.org, or call the Association at the number above. You may also e-mail your registration to registration@MEAinfo.org Cancellation Information: Refunds are available for cancellations received in our office five working days prior to the start of the program. No refunds are available for cancellations received later than five working days before the program. Alternate registrants will be accepted at no additional charge.
14
Surveys & Publications GUIDES
SURVEY REPORTS Regional
ADA Guide Members: $25.00; Non-Members: $35.00; S/H: $10.00
Administrative and Office Support
Affirmative Action Plan Guide
Members: $80.00; Non-Members: $100.00; S/H: $10.00
Employer’s Guide to Employee Relations Laws and Regulations • Federal & Pennsylvania • Federal & New Jersey • Federal & Delaware
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Information Services
Members: $285.00; Non-Members: $575.00; S/H: $10.00
Engineering, Scientific and Technical
Members: $285.00; Non-Members: $575.00; S/H: $10.00
Supervisory and Management
Members: $95.00; Non-Members: $130.00; S/H: $10.00 Purchase of three or more guides: Members: $75.00 each; Non-Members: $95.00 each; S/H: $10.00
Members: $285.00; Non-Members: $575.00; S/H: $10.00
Family & Medical Leave Act (FMLA) Handbook & Pads
Health Benefits
Pay Structures
Members: $160.00; Non-Members: $265.00; S/H: $10.00 Members: $200.00; Non-Members: $300.00; S/H: $10.00
• Sample policies: expanded definitions; • FMLA interactions with WC and ADA (includes three sets of pads)
Salary Planning Guide
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Personnel Policies, Practices and Benefits
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Members: $350.00; Non-Members: $650.00; S/H: $10.00
FMLA Pads Only (Set of Three)
1) Leave Request; 2) Physician’s Certification; and 3) Employer’s Response to Requested Leave
National
Members: $35.00; Non-Members: $50.00; S/H: $10.00
National Executive Compensation
Violence Goes to the Workplace: An Employer’s Guide
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National Wage and Salary
Members: $40.00; Non-Members: $55.00; S/H: $10.00
Members: $150.00; Non-Members: $275.00; S/H: $10.00
HIPAA Guide
National Pay Trends
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Members: $60.00; Non-Members: $125.00; S/H: $10.00
POSTERS
National Policies & Benefits
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Federal 7-in-1; Pennsylvania 7-in-1
National Sales Compensations and Practices
Meets all posting requirements. Avoids cluttered bulletin boards. • 1-10 - Federal-PA Members: $12.00 ea.; Non-Members: $17.00 ea.; S/H: $10
Members: $225.00; Non-Members: $435.00; S/H:$10.00
National IT and Engineering
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• 11-24 - Federal-PA Members: $10.00 ea.; Non-Members: $14.00 ea.; S/H: $10
Survey prices quoted are for pdf format. For a printed copy, there is an additional charge. For additional information, please contact Kay Dutton, Research & Publications Department, at (800) 662-6238 x.115 or email research@MEAinfo.org.
• 25-50 - Federal-PA Members: $9.00 ea.; Non-Members: $12.00 ea.; S/H: $10 • 50+ - Federal-PA Members: $8.00 ea.; Non-Members: $10.00 ea.; S/H: $10 Lamination - $4.00 per poster
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New in 2007 The first edition of MEA’s new newsletter, Employer Insights, delivered by mail or electronically via e-mail. To receive the newsletter electronically, e-mail Marketing@MEAinfo.org. A monthly electronic bulletin called Workplace Advisor Strategic-Level HRCI recertification courses Sales Certificate Programs