What Happened

July, 2010 Meeting

On July 14, 2010, many members of our SHRM Chapter, Human Resource and Business Communities joined together to hear attorneys from Jackson Lewis talk about what’s new in employment law.

We’d like to thank the many individuals who participated in our Wine Cork Pull fundraiser for the SHRM Foundation, especially Shannon Eick who organized everything with help from Laura Coble. To those who donated bottles to those who “pulled corks,” the event was a resounding success!

Our meeting opened with a word from our meeting sponsors. Lesley McCarthy of AXA Advisors, LLC offered to hold free employee meetings to discuss employee financial health (and the AXA raffle for a one-year Mercedes lease was a big hit.). Tom Quigley from XCEL Federal Credit Union shared the benefits of joining a credit union over a commercial bank. We also had a representative from Cornell University’s Disability Technical Assistance Center, where they are conducting research about veterans with disabilities in the workplace.

Next we heard from David Lichtenberg, Terri Freeman, Gregory Alvarez, Joseph Lazzarotti and Robert Seiger, all attorneys with Jackson Lewis. Below are some highlights. Chapter members can view the slide presentation by clicking here.

Medical Marijuana Accommodations: It seems that employers do not have to accommodate medical use of marijuana in the workplace. However, it is not clear what accommodations may be appropriate for “off-duty” use. What does this mean for the ADA? FMLA? New Jersey’s LAD? Our presenters suggest you carefully review your drug testing policies, disability and safety policies, and conduct a self-audit of your performance management and documentation procedures and training.

Social NOTworking: So many issues have arisen due to social networking. For example, employers have seen lost productivity as employees spend work hours on these sites; third parties have sued for negligent hiring and supervision based on employer knowledge of employee social content; discrimination and harassment problems have surfaced from employees sharing inappropriate messages and content; trade secrets and proprietary information has been leaked; companies and employees have experienced reputational harm; employment decisions based on social site content have been challenged; and the list goes on. What to do?

Update your privacy policy, electronic communications and social networking policies. Make sure they indicate that even a personal account which is password protected, if accessed on a company computer or network, is accessible by the company. Consider HIPPA and state rules involving privacy and monitoring of employee communications.
Clearly define authorized employee use and consider whether to restrict access to password protected social sites.
Train HR, hiring managers and IT about responsible access and use.
Review all employment decisions to ensure they are based on lawful, verified information.

Disability Management Issues: A case was posed to the group. When an evening shift Rite Aid Cashier loses vision in one eye and is advised by her doctor not to drive at night, is the company obligated to accommodate that employee by changing her work hours? In this case, the court decided that the company does have to accommodate the employee by allowing them to work only day shift to avoid driving at night. In doing so, the court cited to another case where an employer had to pay for a closer parking spot when an employee couldn’t walk the longer distance. In summary, when faced with accommodating an employee’s difficulties getting to or from work, even if the medical impairment does not directly affect the ability of an employee to do their job on the job site, you should consider the request for accommodation carefully and perhaps seek council.

Health Care Reform: In summary, it was suggested we should “Ignore the hysteria, take a deep breath, divide and conquer!” Mr. Lazzarotti walked the audience through “grandfathered plans”, changes effective beginning with plan years after 9/23/10 and other changes to come through 2014. We need to understand the changes, update enrollment materials and plan documents, get vendors in line and get ready to answer a lot of employee questions.

Immigration Reform: We talked about the recent Arizona law which makes it a crime (rather than a deportable offense) to be an illegal immigrant present in Arizona, how law enforcement would be required to actively enforce the law, and whether the state law is legal in light of federal jurisdiction. What should we expect from all this? Increased I-9 audits (fewer minor fines and more criminal indictments). These I-9’s are now serving as prosecution evidence and tools against employers and employees. This is a good time to audit your I-9 files, practices and policies, and also get familiar with the government’s on-line resource E-Verify.

While our presenters did an excellent job of making these topics interesting and relevant, audience members brought issues to life by sharing experiences and discussing lessons learned.

Thanks to Jackson Lewis for putting together this workshop – they always manage to inform and entertain!

June, 2010 Meeting

Our June 9th meeting began with an introduction to Health Reimbursement Arrangements from our meeting sponsor, Fotek Business Solutions, who later raffled off a $200 American Express gift card. Then, after our President-Elect Connie Ward spoke about SHAPE (SHRM Affiliate Program for Excellence), David Lichtenberg, Esq. of Jackson Lewis provided a legal update about medication side effects and how they may be viewed as an ADA Disability. David went on to show how the interactive process can be a shield for the company when considering an ADA claim. A copy of the legal update can be found here.

Our feature presenter, Roy G. Perham, Ph.D., captured the audience’s attention with stories of his international experience around measurable behavioral dimensions. The program was designed with extensive input from line supervisors and union representatives, who helped define the behaviors required for future success. These criteria were then incorporated into a 3-step process, whereby employees were initially assessed, received 3-months of targeted training including interactive scenarios, and then re-assessed.

Several points were highlighted that were key to the success of this initiative:

Involvement of line management was more important than the assessments themselves. Getting their buy-in to the process helped to make it “stick”.
Through the process, untapped employee skills were identified which resulted in more targeted and less expensive training.
The assessment was designed to mimic realistic job challenges.
Reducing employee evaluation anxiety was key to moving them through the process in a constructive way. This was accomplished through extensive communication about the reasons for the changes, how it would be implemented fairly and what support would be provided.

A copy of Dr. Perham’s presentation can be accessed here.

May, 2010 Meeting

Our meeting sponsor, Employment Horizons, shared with our group the many benefits of utilizing their free services to staff business needs with their candidates - dedicated and skilled people with disabilities. Joseph Toris, Esq. of the law firm Jackson Lewis, then went on to update the audience regarding the status of the New Jersey Compassionate Use Medical Marijuana Act, which is scheduled to take effect in June, 2010. For a whitepaper summarizing Joe’s presentation, click here.

Our main presenter for the evening, Jennifer Forgie of OnPoint Consulting, shared research, strategies and tactics to help enhance accountability and boost employee performance. Particularly in this challenging economic environment, she said, ensuring that employees come to work offering their best is critical.

The presentation began with Jennifer welcoming comments and participation from attendees, which was readily offered throughout. In fact, several individuals noted in the session feedback that the free-flow of ideas and best practices was especially useful to them.

The first step in improving employee performance, according to Jennifer, is to define the problem before you try to fix it. In order to do this, we must be able “identify the cause and name the behavior.” The manager must be able to articulate what is expected, specifically how the employee is not meeting those expectations, and the impact it is having.

Oftentimes, the problem revolves around accountability, which, according to OnPoint research, is a clear differentiator for company performance. In successful companies, 77% of leaders say that employees are held accountable for results, while only 44% of leaders say so in less successful companies. So, what gets in the way of accountability? The group shared several perspectives, including low executive commitment, conflict avoidance and unclear or low expectations. A few ways to address these barriers are to set challenging goals, provide support and constructive feedback, and reinforce good behavior as well as addressing the bad.

Another roadblock to effective performance management is the performance management system. Whether it is a complex technology application or a simple paper process, is it seen as a dreaded administrative task, or as a productivity tool that is used consistently and effectively? Is leadership committed to the process, and do managers see it as an integral and ongoing part of their job?

At the end of the presentation, meeting attendee Maria Force won a copy of an upcoming OnPoint publication, “Closing the Execution Gap”, now available at www.JosseyBass.com at a 20% discount with promo code 20EXE.

April, 2010 Meeting

The April meeting, “Ready, Get Set, Change!” was presented by Nadia Haridi and Sean Dineen of Right Management. Ms. Haridi opened the meeting by emphasizing that the ability to lead effectively is essential in the constantly evolving and changing business environment of today. According to research conducted by Right Management, nearly half of all employees struggle with change. Due to ongoing changes in organizations, it is becoming increasingly more difficult to place the right people in the right positions. To this end, employees are no longer passive and want to have an active part in organizational change. Additionally, the business environment itself is evolving with technology and organizations must now plan long-term rather than on a project basis. By proactively addressing change, you can positively influence key business metrics such as attrition, performance, productivity, and morale.

During the second portion of the presentation, Mr. Dineen stressed that there is a direct correlation between engagement and change, and that change plays a critical role in both short-term and long-term retention. When an organization effectively manages change, it is 10 times more likely to have employee engagement. Moreover, change also has an impact on a company’s brand and its ability to attract new talent. An organization that does a good job of managing change is 9-10 times more likely to attract the best and brightest of the talent pool.

There are 10 key drivers of effective change management. A significant factor in effective change management is candid communication and ongoing dialogue surrounding the change. It is not enough to communicate the details of a change once, but instead communication should be factored into an ongoing sustainable process. Additionally, it is also critical to give management the tools necessary to support and manage the change.

Ultimately, when developing a change management strategy you must ask yourself where you want the organization to go, and how will you measure your success. To maximize the full benefits of effectively managing change, it must be linked with the overall business performance. A full list of the 10 key drivers and the full presentation, can be found in the white papers section of the website here.

Also covered during the meeting was an important legislative update, presented by Mr. David B. Lichtenberg, Esq., concerning the most recent ruling for the Stengart case (first introduced in the November meeting legislative update). Mr. Lichtenberg stressed that two things be taken from the decision: 1) make sure that your company’s policy is crystal-clear regarding personal use and is consistent in its application. 2) Do not disregard attorney client privilege. A summary of the case and what can be drawn from the decision in its current form has been provided by David B. Lichtenberg, Esq., and can be found by clicking here.

Missed the April Meeting? Don’t miss out on the May 19th dinner meeting, which will offer a session on “How to Boost Below Standard Employee Performance” presented by Ms. Jennifer Forgie. Ms. Forgie is a managing partner at OnPoint Consulting, and has over 12 years of experience with designing performance management solutions in a variety of industries. Click here to find out more about this exciting event, and to register now.

March, 2010 Meeting

The seminar presented by Kristi Daniels for the March dinner meeting “Wellness in the Workplace” emphasized the growing need for employers to invest and enhance their workplace wellness programs. A PDF of Ms. Daniel’s presentation can be found in the News & Resources section of our website, or by clicking here.

January, 2010 Meeting

Morris County SHRM started off its 2010 event schedule with an excellent seminar on compensation by Laura Kasser, a seasoned HR professional with more than 20 years of international compensation experience. In her presentation, Ms. Kasser gave a comprehensive overview on the legal and regulatory environment, internal equity, and external competitiveness of compensation. To view a PDF of Ms. Kasser’s presentation, please click here.

According to Ms. Kassner, in order to develop a successful pay structure, one must understand the legal and regulatory environment in which it exists. The current legal and regulatory environment of compensation is governed by three Acts; the Fair Labor and Standards Act, the Civil Rights Act and the Lilly Ledbetter Fair Pay Act. The Fair Labor Standards Act defines minimum wage, overtime, exempt status, and child labor laws. Title VII of the Civil Rights Act prohibits discrimination based on race, gender, religion, national origin, age, pregnancy and disability. The Lilly Ledbetter Fair Pay Act changes the 180-day statute of limitations for filing an equal-pay lawsuit to be reset with each discriminatory paycheck. This Act is of particular concern for employers, as the window to file for discrimination has been drastically increased.

A successful pay structure not only addresses compliance issues, but also satisfies internal and external equity principles. The internal equity of compensation is an employees’ perception of how their pay compares with other employees within the organization. In contrast, the external competitiveness of compensation is an employees’ perception of how their pay compares with other employees outside of the organization that hold the same job.

When establishing a pay structure, an employer must first conduct a job analysis, create documentation, and then perform an evaluation. The job analysis identifies job tasks and qualifications of employees. The following step of documentation takes information from the analysis and uses it to create job descriptions and job specifications. The final step is the evaluation, which establishes the value of jobs within the organization. This can be achieved through non-quantitative methods such as job ranking and classification, or through quantitative methods such as the point-factor method. These steps are necessary in order to assign value to the job as it relates to all of the other jobs within the organization.

Once an employer has determined the job’s worth within the organization, they can address external competitiveness. Before making any analysis or evaluation an employer must decide upon their pay philosophy and where they want to be positioned within the market. An employer’s pay philosophy should be directly linked to their salary structure. The next step in establishing external competitiveness is assessing market pricing, labor markets, survey analysis, market position, pay structures, pay ranges, and merit pay. A market based evaluation examines the market rate in competing labor markets and uses that as the prevailing worth on jobs. To this end, organization’s can utilize salary surveys. Ms. Kasser advised that an employer should be selective when choosing the source of survey information, and be wary of using free sites that have no external checks on the accuracy of the data. After evaluating internal and external competitiveness, the organization can develop/maintain pay structures and make adjustments based off of the findings. This is particularly useful in our economy, where HR departments are often asked to make the best use of increasingly limited resources.

Included in the January meeting was an important legislative update regarding sexual harassment presented by James McDonnell, Esq. of Jackson Lewis. The update covered a recent case that determined that sexual harassment protection extends beyond the employment relationship. HR professionals should examine their current policies to ensure that they’re broad enough to cover relationships with outside vendors, and consider distributing a discrimination/harassment statement to outside vendors and business partners. A summary of the facts of the case and important take-aways has been provided by Jackson Lewis, and can be found here.

Also, a special congratulations to Shaun Landers and Renee Oliver who have been selected for the HRCI certification Scholarship winners!

Missed the January Meeting? Don’t worry; the next opportunity for learning and networking is right around the corner! Join us at our dinner meeting on February 10th, for a seminar by Dr. Richard J. Atkins on using data to maximize employee productivity and alignment. Dr. Atkins is the founder/CEO of Improving Communications, a New York-based corporate training firm. He also has had several New York-centered travelogue articles published and has interviewed and written about numerous celebrity personalities. Additional information about the event and Dr. Atkins can be found here.

December, 2009 Meeting

Our December meeting was a departure from the customary meeting format, as attendees broke into teams to assemble and decorate laptop desks with vividly colored collages for the “Transitions to a Bright Future” program. In collaboration with Homeless Solutions, Caring Capital, Appetites for Life, and Dress for Success Morris County, this program provides in-transition families with self-care information, laptops, printers, desk supplies, interview attire and an office desk. Additional information about the program can be found here.

The desks decorated on December 9th will be given to ten families transitioning from the Homeless Solutions shelter to independent housing this January. One of the families that will benefit is a single father, Melvin. Melvin is a recovering addict that was homeless and separated from his children. Through the services offered by Homeless Solutions, Melvin was able obtain the housing necessary to regain custody and be reunited with his children.

With the existing state of the economy, help is needed more than ever. Members interested in becoming a Mentor with this program, please contact WFR Chair, Suzi Sena, PHR at suzisena@curtisgroupllc.com for details. You may download the Mentoring Application form by clicking here.

A special thank you to all of the attendees and sponsors who made the event possible. The event was sponsored by Best Buy, Wal-Mart, Appetites for Life, Dress for Success, and Caring Capital. Products and services for the program were sponsored by: Right Management, Patel Consultants, Dukes Landscaping, Hance Construction, TD Insurance, C Ward Consulting LLC, Manhattan Ridge Advisors, Morris County SHRM, My i Destinations, and Lesley McCarthy. For details and information about sponsorships, please click here.

Also included in the December meeting was an important legislative update regarding FMLA/NJFLA Leave presented by David B. Lichtenberg, Esq. The update covered a recent case in which the “Same or Equivalent Position” requirement was analyzed. This case serves as a reminder for employers to use caution when dealing with employees on leave. A summary of the facts of the case and important take-aways has been provided by David B. Lictehnberg, Esq., and can be found here.

Missed the December meeting? As a member of the Morris County Chapter of SHRM, make it your New Year’s resolution to take advantage of all the services offered to you, and invest in yourself and your future. Join us on January 13th for the monthly dinner meeting, featuring a seminar on compensation by Laura Kasser. Ms. Kasser is a seasoned HR professional, with more than 20 years of international compensation experience.

May your New Year's resolutions help you make 2010 your best year ever.

November, 2009 Meeting

“HPO – Just Do It”
Led by Jane Zislin of Linde North America

During the best of times, managing and cultivating corporate performance can be a challenging task. In a recessionary economy, this can appear to be a downright impossible endeavor. However, by becoming a High Performance Organization (HPO), we can master these challenges and drive growth. If you missed the November meeting, you missed a stellar presentation by Jane Zislin, Vice President of Human Resources North America at Linde, on becoming a High Performance Organization.

In her presentation “HPO-Just Do It”, Ms. Zislin shared her perspectives and first-hand experience on what it takes to develop into a HPO. She stressed that being an HPO cannot be solely a top-level initiative; it is something that must be shared by the entire organization. Essentially, an HPO is about everyone taking the lead and driving the changes necessary for organizational success.

At Linde there are 4 pillars that the HPO is built upon: Customer Focus, Process Excellence, Ability to Execute and People Excellence. These pillars translate into redefining processes to be customer-centric, and also having shared accountability among employees for achieving results. Employees are encouraged to learn, become cross-functional and improve in order to drive change. Ms. Zislin explained, as HR professionals, we have a responsibility to ensure that everyone across the organization understands what being an HPO means. Linde achieved this end by providing educational workshops with key leadership in attendance for every team member in all of its regions. Additionally, the HR team also examined its own processes and automated where possible in order to promote efficiency (i.e. consolidating their systems to one HRIS).

For members interested in learning more about Linde’s approach to being an HPO, Ms. Zislin’s presentation will be available to view shortly. Check our website’s News and Resources area for this and other informative Whitepapers and Presentations.

The November meeting also covered an important legal update that could impact your company’s email policy. The New Jersey Supreme Court will be deciding upon a case this term that could potentially define the parameters and conditions upon which New Jersey employers can monitor and review all employee e-mail and internet usage. A summary of the case and what can be drawn from the decision in its current form has been provided by Ian W. Siminoff, Esq., Fox Rothschild LLP and can be found by clicking here.

Our College of St. Elizabeth Student Chapter provided an opportunity for participants to do some early holiday shopping while supporting a great cause. Beautiful hand-made jewelry, handbags, scarves and other items were on display. Proceeds will support Burmese women and children refugees of Thailand.

Missed out on November’s meeting? Your next opportunity to network and learn something new is right around the corner! The December meeting will be held on Wednesday, December 9th, from 6pm to 8pm at the College of St. Elizabeth. Visit the Meetings and Events section of the website for details about the meeting and to make your reservation.

Summer, 2009 Meeting

Our second annual Summer Legal Update meeting, held on July 22nd, was both informative and fun. Morris County SHRM teamed with the Sussex-Warren HRMA and Central SHRM chapters to host the event. Five attorneys from Jackson Lewis and one from Courter, Kobert & Cohen presented on a wide variety of topics, with several additional subject matter experts responding to audience questions at the end.