payprosalaska

[payprosalaska]

Walmart Revolutionizes Its Training with Virtual Reality

​A quiet virtual reality revolution is occurring at Walmart. Since 2017, when the company began using virtual reality headsets in its training centers—called “Walmart Academies”—Walmart has used the technology to improve the employee experience, better assess workers’ skills and present new ways of training staff.

According to Andy Trainor, vice president of learning at Walmart, virtual reality in the retail environment makes a lot of sense, especially in stores that are open 24 hours a day. Why?

“Because you don’t have the opportunity to train after hours and you don’t want to disrupt your customers on the floor,” he said. “Virtual reality allows you to artificially create scenarios that you can’t recreate on the sales floor in a way that associates can learn in a safe environment.”

With this in mind, Walmart is using virtual reality, otherwise known as VR, in multiple ways, such as preparing employees for the commotion when customers swarm stores on Black Friday and evaluating how workers respond to angry shoppers. Additionally, VR is being used to ascertain which employees have the skills to fill middle management positions.

What Walmart executives have found is that VR works especially well when rolling out new technology and processes.

“We used VR to train associates on Pickup Towers, which are 15-foot vending machines that allow customers to pick up online orders,” Trainor said.

Since using VR, Walmart has seen improvements in employee test scores from training sessions, and the technology allows the company to introduce new training programs. 

“When we used the Oculus Rift VR headset in the classroom, we noticed an increase in test scores between 5 percent and 10 percent,” he said. “We are starting to replace some global learning management system modules that can take 30 to 45 minutes and transitioning this to a three- to five-minute module in the virtual reality environment.”

According to company executives, as of February, 10,000 of Walmart’s 1.2 million employees have taken skills management assessments using VR. Later this year, Walmart plans to train over 1 million employees across 4,000 stores using the standalone headset.

Trainor said Walmart’s HR organization helped to develop the training. Now that the company has rolled out VR to every store, HR professionals at each store will manage the devices and facilitate the training.

“It’s important to bring HR partners along the journey so they can see the benefits first hand and become an advocate for this new way of educating associates,” he said.

Align VR with Business Goals

HR managers looking to use virtual reality in their training programs shouldn’t only consider how the technology can improve employee training, but should also consider how the technology can strengthen the company’s overall business objectives. They should also think about partnering with a virtual reality vendor for at least two years, said Derek Belch, chief executive officer of STRIVR, a Menlo Park, Calif.-based company that designed Walmart’s virtual reality training program.

“You have to learn what this technology is and what it isn’t, what it does and what it does not do,” Belch said. “HR managers have to think about implementing the technology in the right way. You can’t just whip up a piece of content and put it in a room and hope someone uses it.  That is just a recipe for disaster. We are seeing a lot of companies, for lack of a better term, tinker with this and they are not getting real business results.”

Research from SuperData, a Nielsen company, estimates that 71 percent of companies using VR use the technology for training.

At Fidelity Investments Inc., VR headsets are used to train new workers about empathy. These employees are guided through a virtual phone call with a Fidelity “customer” going through a financial crisis. At UPS, HTC Vive VR headsets are used to help drivers identify potential hazards while “driving” on a virtual road. American Airlines uses VR to acquaint new crew members with safety procedures before they start their jobs.

Don’t Neglect Human Interaction 

Although using VR to train employees is in its very early stages, there is huge value in using VR to train employees, said Sarah Brennan, CEO and principal of Accelir Insights, a Milwaukee-based HR technology consulting firm. Brennan predicts that VR will have a significant impact on hiring and onboarding staff.

[SHRM members-only toolkit: Managing the Employee Onboarding and Assimilation Process]

“I would not be surprised to see VR being used for hiring,” Brennan said. “Before candidates take a job, they can really understand what it would be like to do the job. They’ll get a better sense of what it feels like to be in a busy kitchen, or what it feels like to be behind a desk when you are getting yelled at by a customer.”

HR managers need to be aware that in some extreme cases—like preparing soldiers for what they might see in war zones or coaching emergency workers for what they might encounter in a terrorist attack—workers using VR need additional support, she said.

“A lot of things could go wrong, and my fear would be that we jump too far to relying only on the technology,” Brennan said. “There needs to be the communication and the opportunity for questions and interactions with another person. Managers have to make sure that they take care of the whole person. Don’t assume that the technology can handle it all.”

Nicole Lewis is a freelance journalist based in Miami. She covers business, technology and public policy.

//window.fbAsyncInit = function() { FB.init({ appId: '649819231827420', xfbml: true, version: 'v2.5' }); };

//(function(d, s, id){ // var js, fjs = d.getElementsByTagName(s)[0]; // if (d.getElementById(id)) {return;} // js = d.createElement(s); js.id = id; // js.src = "http://connect.facebook.net/en_US/sdk.js"; // fjs.parentNode.insertBefore(js, fjs); //}(document, 'script', 'facebook-jssdk')); function shrm_encodeURI(s) { return encodeURIComponent(s); } function RightsLinkPopUp() { var url = "https://s100.copyright.com/AppDispatchServlet"; var location = url + "?publisherName=" + shrm_encodeURI("shrm") + "&publication=" + shrm_encodeURI("Legal_Issues") + "&title=" + shrm_encodeURI("Justices Hear ERISA Reimbursement Case") + "&publicationDate=" + shrm_encodeURI("11/11/2015 12:00:00 AM") + "&contentID=" + shrm_encodeURI("6badda72-62e7-49e8-b4bd-ebbd02a72a17") + "&charCnt=" + shrm_encodeURI("7399") + "&orderBeanReset=" + shrm_encodeURI("True"); window.open(location, "RightsLink", "location=no,toolbar=no,directories=no,status=no,menubar=no,scrollbars=yes,resizable=yes,width=650,height=550"); } Source link

The post Walmart Revolutionizes Its Training with Virtual Reality appeared first on consultant pro.

[payprosalaska]

Workers Sue Yale University Over Workplace Wellness Penalties

A class action lawsuit on behalf of Yale University’s workers alleges that the university’s employee wellness program uses financial incentives that violate the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). Source link

The post Workers Sue Yale University Over Workplace Wellness Penalties appeared first on consultant pro.

[payprosalaska]

IRS Allows Health Plans to Cover More Treatments Before Deductible Is Met

The Treasury Department and IRS added treatments for a range of chronic conditions to the list of preventive-care benefits for which a high-deductible health plan (HDHP) can pay—even if a plan enrollee’s health care spending hasn’t surpassed the plan deductible—without running afoul of the rules allowing pretax contributions to health savings accounts (HSAs).

Medical care, including prescription drugs, for certain chronic conditions will now be classified as preventive care for someone diagnosed with that condition, according to the July 17 Notice 2019-45, which immediately took effect. Any medical care previously recognized as preventive care under IRS rules is still treated as preventive care.

The notice lists the new types of medical care that now can be treated as “preventive” because they can keep an existing condition from worsening.

Adjusting HSA Rules

Employees covered by an HDHP may contribute to an HSA. To comply with the IRS rules for making HSA contributions with pretax dollars, an HDHP may not provide benefits for any year until the minimum deductible for that year is satisfied. However, HDHPs are not required to have a deductible for preventive care.

President Donald Trump issued an executive order on June 24 directing the Secretary of the Treasury to issue guidance that expands the ability of patients to select HDHPs that can be used alongside an HSA. The guidance, Trump said, should cover low-cost preventive care, before the deductible, to help maintain the health of people with chronic conditions.

Allowing “coverage for conditions that commonly require maintenance drugs or therapies, such as diabetes, hypertension or arthritis, will no longer prevent people enrolled in an otherwise HSA-compatible HDHP from making HSA contributions,” noted Scott Behrens, director of government relations at Lockton, a benefits brokerage and consulting firm.

With employers increasingly offering HDHPs linked to HSAs, “the rules governing health savings accounts need to be modernized to meet the needs of consumers,” said Chatrane Birbal, director of policy engagement at the Society for Human Resource Management. The new guidance is a welcome development because otherwise “employees with chronic conditions who enroll in HSA-qualified plans, particularly those whose employers offer only one plan, face substantial barriers to care if they want to manage their chronic conditions,” she noted.

Expanding ‘Under the Deductible’ Coverage

Under Notice 2019-45, the following services and items for people with chronic conditions can now be covered under an HDHP as preventive care.

Preventive Care for Specified Conditions For People Diagnosed with Angiotensin converting enzyme (ACE) inhibitors Congestive heart failure, diabetes and/or coronary artery disease Anti-resorptive therapy Osteoporosis and/or osteopenia Beta-blockers Congestive heart failure and/or coronary artery disease Blood pressure monitor Hypertension Inhaled corticosteroids Asthma Insulin and other glucose-lowering agents Diabetes Retinopathy screening Diabetes Peak flow meter Asthma Glucometer Diabetes Hemoglobin A1c testing Diabetes International normalized ratio (INR) testing Liver disease and/or bleeding disorders Low-density lipoprotein (LDL) testing Heart disease Selective serotonin reuptake inhibitors (SSRIs) Depression Statins Heart disease and/or diabetes

The IRS action “makes it possible for consumers to more affordably and effectively manage their conditions and maintain improved health,” said Mike DiSimone, president and CEO of PayFlex, an administrator of consumer-directed products and services, including HSAs.

Making HDHPs More Appealing

“Given the expansion of the types of preventive [care] that an HDHP can cover, and the tax advantages of an HSA to employees, employers who have not previously implemented a HDHP or HSA may want to consider doing so now,” wrote Carol V. Calhoun, an attorney with law firm Venerable in Washington, D.C.

“Raising the attractiveness of HDHP/HSAs potentially can help more Americans improve health outcomes while stretching their health care dollars,” said Kevin Robertson, chief revenue officer for HSA Bank, an HSA administrator. “People with these conditions may now be able to receive these treatments at no cost, or at a lower cost, depending on how their insurance plan or employer decide to cover these services, without jeopardizing an individual’s ability to contribute to HSA.”

This change not only helps people with these chronic conditions, “but also helps remove perceived expense barriers for anyone evaluating if an HDHP/HSA solution is right for them,” Robertson added.

“More people will now be able to realize the financial advantage of health savings accounts and will have the increased flexibility they need to use them,” DiSimone said.

Increasing Coverage Options

Plans will not be required to pay 100 percent for the treatments on this list, explained Kim Buckey, vice president of client services at DirectPath, a benefits education, enrollment and health care transparency firm. “The notice simply means that these treatments are not subject to the HDHP deductible before they are covered. So, if the HDHP has a $2,000 deductible, and normally you’d have to pay $2,000 out of pocket before these services would be covered at, say, 80 percent of their cost, now the IRS is saying they can be covered at 80 percent even if the deductible is not yet met.”

The listed services also can be subject to a different, lower deductible, “so the employer might say you have a $500 deductible for these particular services,” Buckey added.

[SHRM members-only toolkit: Complying with and Leveraging the Affordable Care Act]

Legitimizing a Common Practice

“This is good news for employers and employees,” Buckey noted. “Many employers have been covering these types of medications as ‘preventive’ for chronic-condition patients for a while now,” despite the risk that doing so could run afoul of IRS rules, she noted. “It’s encouraging to see the IRS recognizing what’s becoming standard practice.”

“The IRS has allowed drugs prescribed even for existing conditions to be considered ‘preventive’ if they prevent the recurrence of a disease from which the insured has recovered or prevent additional complications in an individual who has developed risk factors for a disease,” wrote Edward Fensholt, senior vice president and director of compliance services at Lockton. “Drugs for treating high cholesterol (an existing condition) have been considered ‘preventive’ if they help prevent additional complications, such as a heart attack,” he noted. “But outside of the pharmaceutical context the IRS has resisted calls to treat care of existing diseases or illnesses as preventive.”

Covering medications for chronic conditions pre-deductible for HDHP enrollees “hopefully will encourage patients to fill those prescriptions, stick to the regimen prescribed by their doctors and delay or prevent the onset of more serious and acute conditions—which, in turn, will save both the employer and the employee money,” Buckey said.

“Sponsors of HDHPs may find this guidance helpful as they prepare for the plan year that begins late this year or in 2020,” Fensholt noted. “We half suspect, however, that because the IRS has never supplied an exhaustive list of what is considered preventive and what is not, some HDHPs have already been paying for treatment of at least some of the services listed in the chart for the associated conditions.”

Health Improves When People Take Their Medicine

“Expanding coverage of preventive products and services for managing chronic conditions will help improve adherence to medication, reduce costs for consumers and improve health outcomes,” said Thomas Moriarty, chief policy and external affairs officer at pharmacy and health care firm CVS Health. “With millions of Americans covered through high-deductible health plans, too often they have seen higher out-of-pocket costs on their prescriptions until they have met their deductible. This has created a major financial burden for patients, especially those living with chronic conditions like diabetes, asthma and heart disease.”

Research by CVS Health, Harvard University and Brigham and Women’s Hospital showed that health care costs were reduced when patients with hypertension, heart failure, diabetes, asthma and depression took their medications as prescribed—and that medical spending by patients with congestive heart failure fell nearly $8,000 per year when they took their medication, despite the increased drug spending.

//window.fbAsyncInit = function() { FB.init({ appId: '649819231827420', xfbml: true, version: 'v2.5' }); };

//(function(d, s, id){ // var js, fjs = d.getElementsByTagName(s)[0]; // if (d.getElementById(id)) {return;} // js = d.createElement(s); js.id = id; // js.src = "http://connect.facebook.net/en_US/sdk.js"; // fjs.parentNode.insertBefore(js, fjs); //}(document, 'script', 'facebook-jssdk')); function shrm_encodeURI(s) { return encodeURIComponent(s); } function RightsLinkPopUp() { var url = "https://s100.copyright.com/AppDispatchServlet"; var location = url + "?publisherName=" + shrm_encodeURI("shrm") + "&publication=" + shrm_encodeURI("Legal_Issues") + "&title=" + shrm_encodeURI("Justices Hear ERISA Reimbursement Case") + "&publicationDate=" + shrm_encodeURI("11/11/2015 12:00:00 AM") + "&contentID=" + shrm_encodeURI("6badda72-62e7-49e8-b4bd-ebbd02a72a17") + "&charCnt=" + shrm_encodeURI("7399") + "&orderBeanReset=" + shrm_encodeURI("True"); window.open(location, "RightsLink", "location=no,toolbar=no,directories=no,status=no,menubar=no,scrollbars=yes,resizable=yes,width=650,height=550"); } Source link

The post IRS Allows Health Plans to Cover More Treatments Before Deductible Is Met appeared first on consultant pro.

[payprosalaska]

Ace Your SHRM Certification Exam

An accessible new guidebook just published by the Society for Human Resource Management (SHRM), Ace Your SHRM Certification Exam: A Guide to Success on the SHRM-CP® and SHRM-SCP® Exams, features expert tips and practice questions that demystify the tests and improve one’s ability to understand and prepare for them. It was edited by SHRM’s vice president of certification operations, Nancy A. Woolever, SHRM-SCP. 

The short, easy-to-use volume includes everything a candidate needs to know before taking either level of SHRM certification exam: best practices for studying, research-based advice for sharpening test-taking skills, proven strategies for managing pre-exam anxiety, tips from experts and certified professionals, detailed learning resources, answer keys for both exams, guides to exam structure, terminology and acronyms, plus more.  

Below is the first of three excerpts from this helpful publication. Use code ACE19 for an additional 20 percent off when purchased though the SHRMStore. Current SHRM credential-holders who read the book and pass a quiz will earn 3 professional development credits (PDCs) toward recertification. 

Excerpt from Ace Your SHRM Certification Exam, Chapter 3  

Part 1: Learning How You Learn Best

Part 2: Recognizing the Symptoms of Anxiety

Part 3: What to Expect on Exam Day 

We’re not all the same when it comes to learning (and in so many other ways as well!). We receive and process information differently, and we like to learn in different ways. Some people learn best by reading, taking notes by hand, and explaining the concepts to someone else. Others grasp new information and concepts more easily when the content is presented in visual form, via charts, graphs, slides or videos. 

Understanding your learning preferences, or styles, will help you decide how best to successfully study for the SHRM-CP and SHRM-SCP exams. 

Four Primary Learning Styles  

In 1982, management experts Peter Honey and Alan Mumford published a Learning Styles Questionnaire based on psychologist David Kolb’s learning-style model. Honey and Mumford identified four primary types of learners: Activists, Reflectors, Theorists and Pragmatists. No one is entirely one type or another, but most people prefer one or two of the four styles. 

Activists (Doers)

You have an open-minded approach to learning and enjoy experimenting, exploring, and discovering. Anxious to practice what you learn and apply it to real-world situations, you might become impatient with lengthy discussions and explanations. Some Activists might have a tendency to be disorganized and to procrastinate. 

Reflectors (Reviewers or Observers) 

Reflectors prefer to learn by watching or listening. If you’re a Reflector, you like to take your time, collect data, and examine experiences or concepts from a number of different perspectives before coming to conclusions. You might have a tendency to dislike pressure and tight deadlines. 

Theorists (Thinkers)

If facts, models, concepts and systems help you engage in the learning process, you might be described as a Theorist. You like to think things through, analyze what you are learning, and understand the underlying theory. You might also tend to be more organized than other types of learners.   

Pragmatists (Planners)

You might describe yourself as a Pragmatist if you enjoy solving problems and sometimes become impatient with too much theory and lengthy discussions. When you learn, you want to know how the concepts apply in the “real” world. 

Three Ways to Learn 

Researchers also have found that our learning styles differ in the ways in which we use our senses to receive and process information. One well-known theory, called “VAK [visual, auditory, kinesthetic],” postulates that most of us learn best when using one or two of our three primary sensory receivers: visual, auditory or kinesthetic. 

Visual learners

If you’re a visual learner, you like to have information presented through pictures, charts, diagrams, lists of key learning points, infographics, videos and other visual media. Taking notes and making visual maps helps you remember what you hear or read. Interestingly, some visual learners can visualize pages on which certain information appears.  

Auditory learners

You know that you are primarily an auditory learner if you remember more of what you learn when you hear something than when you see it. You might prefer lectures and podcasts to reading. Reading aloud to yourself or talking about what you learn to others can help fix facts and concepts in your mind.  

Kinesthetic learners

You can be described as a kinesthetic learner if you find it hard to sit still for long periods. You need to stand up and move around often to keep from losing your concentration. Keeping study periods short and focused, taking notes by hand, and building frequent breaks into your study schedule can help you learn. 

Additional Online Resources 

  Matt Davis is manager of book publishing at SHRM.   

For more information on SHRM Certification, and to register for the exam, please visit our website. Already SHRM-certified? Be sure to maintain your credential by recertifying. Learn more about recertification activities here.

//window.fbAsyncInit = function() { FB.init({ appId: '649819231827420', xfbml: true, version: 'v2.5' }); };

//(function(d, s, id){ // var js, fjs = d.getElementsByTagName(s)[0]; // if (d.getElementById(id)) {return;} // js = d.createElement(s); js.id = id; // js.src = "http://connect.facebook.net/en_US/sdk.js"; // fjs.parentNode.insertBefore(js, fjs); //}(document, 'script', 'facebook-jssdk')); function shrm_encodeURI(s) { return encodeURIComponent(s); } function RightsLinkPopUp() { var url = "https://s100.copyright.com/AppDispatchServlet"; var location = url + "?publisherName=" + shrm_encodeURI("shrm") + "&publication=" + shrm_encodeURI("Legal_Issues") + "&title=" + shrm_encodeURI("Justices Hear ERISA Reimbursement Case") + "&publicationDate=" + shrm_encodeURI("11/11/2015 12:00:00 AM") + "&contentID=" + shrm_encodeURI("6badda72-62e7-49e8-b4bd-ebbd02a72a17") + "&charCnt=" + shrm_encodeURI("7399") + "&orderBeanReset=" + shrm_encodeURI("True"); window.open(location, "RightsLink", "location=no,toolbar=no,directories=no,status=no,menubar=no,scrollbars=yes,resizable=yes,width=650,height=550"); } Source link

The post Ace Your SHRM Certification Exam appeared first on consultant pro.

[payprosalaska]

Recertification Q&A: Carrying Over Credits

​Have questions about recertifying your SHRM-CP or SHRM-SCP? In every issue, the SHRM Certification team will answer some of the frequently asked questions they receive from credential-holders.  

Q. This is my recertification year and I’m well on the way to meeting the requirement of earning 60 professional development credits (PDCs) within a three-year period. I was glad to find out about the change in policy on carrying over PDCs. How many can I carry over to my next recertification cycle? A. Good for you in maintaining your SHRM credential! Effective Aug. 1, 2019, SHRM credential-holders who have recertified with more than 60 PDCs will be able to carry over a maximum of 20 PDCs into their next cycle.  

Q. Are all types of PDCs eligible for carrying over? A. Yes, all PDCs are eligible for carryover.  

Q. How do I enter the excess PDCs into my account? A. The carryover amount—up to 20 PDCs—will be autoloaded into your SHRM Certification Portal in the Advance Your Education category.   

Q. Will the new carryover policy be applied retroactively? I recertified last year with 75 PDCs—can I have the excess 15 PDCs credited to my new cycle? A. As of now, no, but we are looking into it.  We will notify all certification-holders if this policy changes.

Have additional questions? Send them to SHRMCertNews@shrm.org. For more information on SHRM Certification, and to register for the exam, please visit our website.  

Already SHRM-certified? Be sure to maintain your credential by recertifying. Learn more about recertification activities here.

//window.fbAsyncInit = function() { FB.init({ appId: '649819231827420', xfbml: true, version: 'v2.5' }); };

//(function(d, s, id){ // var js, fjs = d.getElementsByTagName(s)[0]; // if (d.getElementById(id)) {return;} // js = d.createElement(s); js.id = id; // js.src = "http://connect.facebook.net/en_US/sdk.js"; // fjs.parentNode.insertBefore(js, fjs); //}(document, 'script', 'facebook-jssdk')); function shrm_encodeURI(s) { return encodeURIComponent(s); } function RightsLinkPopUp() { var url = "https://s100.copyright.com/AppDispatchServlet"; var location = url + "?publisherName=" + shrm_encodeURI("shrm") + "&publication=" + shrm_encodeURI("Legal_Issues") + "&title=" + shrm_encodeURI("Justices Hear ERISA Reimbursement Case") + "&publicationDate=" + shrm_encodeURI("11/11/2015 12:00:00 AM") + "&contentID=" + shrm_encodeURI("6badda72-62e7-49e8-b4bd-ebbd02a72a17") + "&charCnt=" + shrm_encodeURI("7399") + "&orderBeanReset=" + shrm_encodeURI("True"); window.open(location, "RightsLink", "location=no,toolbar=no,directories=no,status=no,menubar=no,scrollbars=yes,resizable=yes,width=650,height=550"); } Source link

The post Recertification Q&A: Carrying Over Credits appeared first on consultant pro.

[payprosalaska]

Become a SHRM Certification Ambassador!

Members may download one copy of our sample forms and templates for your personal use within your organization. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission. To request permission for specific items, click on the “reuse permissions” button on the page where you find the item.

OK

//window.fbAsyncInit = function() { FB.init({ appId: '649819231827420', xfbml: true, version: 'v2.5' }); };

//(function(d, s, id){ // var js, fjs = d.getElementsByTagName(s)[0]; // if (d.getElementById(id)) {return;} // js = d.createElement(s); js.id = id; // js.src = "http://connect.facebook.net/en_US/sdk.js"; // fjs.parentNode.insertBefore(js, fjs); //}(document, 'script', 'facebook-jssdk')); function shrm_encodeURI(s) { return encodeURIComponent(s); } function RightsLinkPopUp() { var url = "https://s100.copyright.com/AppDispatchServlet"; var location = url + "?publisherName=" + shrm_encodeURI("shrm") + "&publication=" + shrm_encodeURI("Legal_Issues") + "&title=" + shrm_encodeURI("Justices Hear ERISA Reimbursement Case") + "&publicationDate=" + shrm_encodeURI("11/11/2015 12:00:00 AM") + "&contentID=" + shrm_encodeURI("6badda72-62e7-49e8-b4bd-ebbd02a72a17") + "&charCnt=" + shrm_encodeURI("7399") + "&orderBeanReset=" + shrm_encodeURI("True"); window.open(location, "RightsLink", "location=no,toolbar=no,directories=no,status=no,menubar=no,scrollbars=yes,resizable=yes,width=650,height=550"); } Source link

The post Become a SHRM Certification Ambassador! appeared first on consultant pro.

[payprosalaska]

Changing Expectations on Sexual Harassment Policies and Training

SHRM-certified HR professionals in the era of the #MeToo movement have the responsibility and obligation to design policies and educate our workforces on sexual harassment, retaliation, bullying and hostile work environments. Source link

The post Changing Expectations on Sexual Harassment Policies and Training appeared first on consultant pro.

[payprosalaska]

A Q&A with Lee Jourdan, Chief Diversity Officer at Chevron

Chevron, a global energy corporation involved in the oil, natural gas and geothermal energy industries, is building a different kind of energy source of its own—a diverse talent pipeline.

The 141-year-old company partners with colleges and universities, including historically black schools such as Tuskegee University in Tuskegee, Ala. It created the University Partnerships and Association Relations program to support higher education globally with scholarships, grants, funding for faculty positions, department gifts and laboratory upgrades. 

In 2018, Chevron received a 100 percent rating on the Human Rights Campaign Corporate Equality Index for the 14th consecutive year. The index ranks U.S. companies’ commitment to lesbian, gay, bisexual and transgender (LGBT) workplace equality. That same year, the National Business Inclusion Consortium named Chevron among the top 30 U.S. companies for its diversity and inclusion (D&I) efforts among the LGBT community, women, people of color and people with disabilities.

SHRM Online spoke with Leland T. “Lee” Jourdan—the company’s chief diversity officer since 2018—about the company’s D&I initiatives. He has been in the energy industry since 1983 and at Chevron for 16 years.                                                His comments have been edited for brevity and clarity and to include additional information from Chevron.

SHRM Online: The World Institute on Disability recognized your company in 2017 for its long-term leadership around employee disability issues. Please tell us about that.  

Jourdan: We’re working on a neurodiversity program in IT to attract folks in the high-performing autism spectrum. We are in the process of defining intern and full-time roles, outlining training requirements and identifying employees who will work with participants. We expect to begin the interview process in the third quarter of 2019.

ENABLED is one of our employee networks, and its members make sure we’ve got facilities and operations in place and unbiased hiring. Chevron is piloting ENABLED in California in conjunction with PathPoint, an agency that helps people with disabilities strengthen their workplace abilities.

SHRM Online: What are some of Chevron’s other D&I employee-network efforts?

Jourdan: About 25,000 of our 45,000 employees are members of our networks for people who are Asian; black; Baby Boomers; Filipino; Hispanic; members of generations X, Y and Z; veterans; women; and lesbian, gay, bisexual or transgender.

One of our more unique networks is Boola Moort—it means “many people” in the Nyoongar language—dedicated to promoting Aboriginal culture. Australian indigenous people make up about 3 percent of that country’s population. Their representation in the workforce is even smaller, and we want to reflect the markets we serve.

Our CEO and board chairman, Michael K. Wirth, started the Chairman’s Inclusion Council last year. He and the 12 members of his leadership team and presidents of each employee network meet three times a year.

The leaders of those networks are early- to mid-career employees, and they bring to our leadership’s attention issues important in our society and their impact within the walls of Chevron—like the white supremacist rally in Charlottesville, Va., in 2017. When those things happen, we find employees reach out to these networks and say, “What do we do? What does it mean to our employees here?” We’re able to respond.

The Inclusion Council also talks about how we can advance employee networks and our roles in hiring and retention. When we’re hiring from under-represented groups, those candidates meet with people from our networks to find out what life for them is like at Chevron.

SHRM Online: Chevron has diversity action plans that are tied to employee compensation. Who are they geared to and does diversity training play a part in the action plans?

Jourdan: Everyone in the company has a diversity action plan. There are measurable objectives that can be tied to compensation, and the plan is part of everyone’s annual performance review. We talk about everything in that performance plan, including D&I. 

The plan can be as specific as “you’ll mentor ‘x’ amount of diverse employees” or “you’ll serve on the hiring team that works with certain organizations or universities that we partner with for diversity recruitment.” Training can be part of the diversity action plan.

SHRM Online: Chevron has implemented a new program to recruit people seeking to re-enter the workplace. Tell us about that.

Jourdan: Welcome Back is a 10-week initiative for men and women. It began as a pilot program last year, and we are rolling it out in the U.S. in September. It’s for people who left the workplace for whatever reason—starting or raising a family, providing care for a family member, entering military service, teaching or returning to school. Participants work with a supervisor and mentor. Successful participants will be offered full-time positions.

We need to open up the pipeline to get women to the senior level. We don’t lose a lot of women—they make up about 25 percent of our workforce—but we still need women represented at senior levels. The idea is to strengthen participants’ technical expertise. They haven’t lost their leadership and planning skills, and we want to take advantage of that.

SHRM Online: This year, Chevron donated $5 million to Catalyst, a women’s rights advocacy group, for its Men Advocating Real Change (MARC) program that focuses on tackling unconscious bias and helps men become allies for their female colleagues. How will Catalyst use the donation?

Jourdan: This donation will make it easier for other organizations to advocate for women by continuing Catalyst’s research and programming, supporting the rollout of MARC teams to companies around the world and expanding the number of MARC leaders.

The MARC program has 3,000 members in 12 countries, and it’s worked so well we wanted to expand it. It addresses things like men’s sensitivity in mentoring women and providing guidance and sponsorship. One of the things we talk about in MARC is being comfortable working with women post-#MeToo. We had people from Chevron attend MARC, and we surveyed them before and after as to whether they would speak up if they heard or saw something inappropriate in the workplace. Before training, 45 percent of men said they would speak up; after training, 75 percent said they would.

Demographic Breakdown of Chevron’s U.S. and Global Workforce

As of December 2018, Chevron employed 45,047 full- and part-time employees around the world; among that number, 21,465 were U.S. employees.

​Total U.S. Workforce ​Latino/Latina 16%​ ​Asian 14%​ Black​ 8%​ Other*​ 3%​ ​Women in Chevron’s U.S. Workforce​ Total ​ 31%​ ​First- and mid-level manager roles ​30% ​Executive and senior-manager positions 22%​ First- and mid-level managers in U.S. workforce​ ​Asian 12%​ ​Latino/Latina 12%​ ​Black 7%​ ​Other* 1%​ ​U.S. executives and senior managers ​Asian 9%​ ​Latino/Latina 6%​ ​Black 3%​ ​Other* 0.9%​ ​Women in Chevron’s global workforce ​Total 25%​ ​Mid-level management roles 19%​ ​Senior-leadership positions 19%​ ​Executive-leadership positions 16%​

Note: The U.S. Equal Employment Opportunity Commission defines “other” as Native American, Pacific Islander, or people of two or more races. 

Source: Chevron 2018 Corporate Responsibility Report Highlights.

//window.fbAsyncInit = function() { FB.init({ appId: '649819231827420', xfbml: true, version: 'v2.5' }); };

//(function(d, s, id){ // var js, fjs = d.getElementsByTagName(s)[0]; // if (d.getElementById(id)) {return;} // js = d.createElement(s); js.id = id; // js.src = "http://connect.facebook.net/en_US/sdk.js"; // fjs.parentNode.insertBefore(js, fjs); //}(document, 'script', 'facebook-jssdk')); function shrm_encodeURI(s) { return encodeURIComponent(s); } function RightsLinkPopUp() { var url = "https://s100.copyright.com/AppDispatchServlet"; var location = url + "?publisherName=" + shrm_encodeURI("shrm") + "&publication=" + shrm_encodeURI("Legal_Issues") + "&title=" + shrm_encodeURI("Justices Hear ERISA Reimbursement Case") + "&publicationDate=" + shrm_encodeURI("11/11/2015 12:00:00 AM") + "&contentID=" + shrm_encodeURI("6badda72-62e7-49e8-b4bd-ebbd02a72a17") + "&charCnt=" + shrm_encodeURI("7399") + "&orderBeanReset=" + shrm_encodeURI("True"); window.open(location, "RightsLink", "location=no,toolbar=no,directories=no,status=no,menubar=no,scrollbars=yes,resizable=yes,width=650,height=550"); } Source link

The post A Q&A with Lee Jourdan, Chief Diversity Officer at Chevron appeared first on consultant pro.

[payprosalaska]

3 Questions to Ask Wellness Program Providers

A growing number of wellness program vendors are making sweeping claims about how their offerings will increase productivity, lower absenteeism, reduce medical claims and vastly improve employees’ health. Buyer beware.

To help sort fact from fiction, here are three questions to ask wellness program providers.

Question #1: Validating Results Can you show how this program has led to the results you are promising?

Tip: Demand objective proof from an independent source such as a peer-reviewed journal.

Conventional wisdom—especially when it comes to wellness programs—is often at odds with science. For example, the conventional wisdom is that because early cancer detection leads to more-successful treatment and lower costs for the patient, then the more screening the better. The science says that widespread screening, especially testing more often than experts recommend, not only is harmful to health but also generates medical bills for unnecessary care.

The lesson here is this: Don’t rely on conventional wisdom to tell you what the results should be. Ask for peer-reviewed, published articles on the program or on a similar program.

Even if a program claims to be new and cutting-edge, few programs are truly unique and chances are something similar has been studied. Consider a program that claims to have a new way to deliver patient education. While the avenue of delivery may not have been studied, the effect of having better-educated patients has been widely researched.

Using those studies, you can determine that educated patients are more likely to choose noninvasive care, but you will be hard-pressed to find research showing that patient education leads them to be more productive at work or more loyal to their employer.

Question #2: Gathering Data What data are you gathering to measure your results?

Tip: A superior wellness program has a plan for gathering data that is directly tied to the results being measured.

Lots of programs claim to boost productivity or reduce costs but have no data to prove this. Unless no one will be asking you to justify the program’s cost, you’ll want data to demonstrate results. And that means having a data-gathering plan.

Data gathering can be as simple as sending a two-question survey to employees and asking if they’ve changed their behavior after participating in a wellness program. Or it can be as complex as amassing medical, pharmacy and attendance records to see if a care management program actually lowered medical costs and illness absences.

Beware: Having a lot of data is not the same as having a measurable result. Knowing how many times a participant visited a health website, for instance, does not tell you about the program’s impact.

[SHRM members-only how-to guide: How to Establish and Design a Wellness Program]

Question #3: Doing the Math How is that data put together to show the program’s return on invesment?

Tip: There is a map—called technical specifications—that leads from data to a measurable health finding. If your program vendor has no map, you have no results.

A final step is organizing data on program results such that you can compare it with groups similar to your employees. This is not as simple as, for example, adding up the number of hospital stays or emergency department visits.

There are published health specifications from national organizations, and the program vendor should be able to cite one of these published measures when reporting how employees in its program improved compared to the other populations.

For example, the Healthcare Effectiveness Data and Information Set (HEDIS) publishes health measure specs. If the vendor tells the employer “We use HEDIS’s measure for 30-day hospital readmissions,” then the employer knows that the measure was done correctly and can be compared to other employee populations whose health was gauged using the same HEDIS measure.

Employers should easily be able to get the details about how the measure was constructed, either from a national measure steward or from the vendor. If, however, the vendor claims its health measures use a “secret sauce,” rest assured that it does not know how to measure results. There are no secrets in compiling valid measures.

Don’t Stand for Excuses

Posing these three questions and refusing to accept “yeah, but” excuses from vendors will help you adopt high-value, high-impact programs. You may find your inbox a little lighter, too, when word gets out that vendors have to prove their mettle to earn your business.

Linda K. Riddell is a population health scientist for the Validation Institute, which reviews vendors’ outcomes and validates them.

//window.fbAsyncInit = function() { FB.init({ appId: '649819231827420', xfbml: true, version: 'v2.5' }); };

//(function(d, s, id){ // var js, fjs = d.getElementsByTagName(s)[0]; // if (d.getElementById(id)) {return;} // js = d.createElement(s); js.id = id; // js.src = "http://connect.facebook.net/en_US/sdk.js"; // fjs.parentNode.insertBefore(js, fjs); //}(document, 'script', 'facebook-jssdk')); function shrm_encodeURI(s) { return encodeURIComponent(s); } function RightsLinkPopUp() { var url = "https://s100.copyright.com/AppDispatchServlet"; var location = url + "?publisherName=" + shrm_encodeURI("shrm") + "&publication=" + shrm_encodeURI("Legal_Issues") + "&title=" + shrm_encodeURI("Justices Hear ERISA Reimbursement Case") + "&publicationDate=" + shrm_encodeURI("11/11/2015 12:00:00 AM") + "&contentID=" + shrm_encodeURI("6badda72-62e7-49e8-b4bd-ebbd02a72a17") + "&charCnt=" + shrm_encodeURI("7399") + "&orderBeanReset=" + shrm_encodeURI("True"); window.open(location, "RightsLink", "location=no,toolbar=no,directories=no,status=no,menubar=no,scrollbars=yes,resizable=yes,width=650,height=550"); } Source link

The post 3 Questions to Ask Wellness Program Providers appeared first on consultant pro.

[payprosalaska]

Many Grads Have Regrets About College

The sticker-shock of a college degree, the loan debt after graduation and the gut-punch when one’s major doesn’t translate into a well-paying job—all are reasons that today’s college students express regret about their higher education choices, according to a new survey.

And employers may want to pay attention.

“Experts have proven that stress associated with debt can severely impact productivity, engagement, success and mental health,” said Bill Gimbel, president of LaSalle Benefits, a corporate benefits firm in Northbrook, Ill. “These factors combine negatively to influence an employee’s work product.”

The great majority—nearly two-thirds—of graduates with a bachelor’s degree regret something about their education, according to the survey of 248,000 college graduates by PayScale, which provides online information about salary, benefits and compensation. The survey authors examined the responses by age, major area of study, and whether participants attended public or private universities.  

PayScale conducted the online survey in April and May of 2019, and all respondents held at least a bachelor’s degree. The graduates were of all ages.

The most common regret was having taken out student loans—and the resulting debt following graduation. Twenty-seven percent of respondents said these loans were their biggest regret.

“Those who are younger, majored in lower-earning fields or attended private universities tended to regret their student loans the most,” the survey authors wrote.

Student loan debt is a growing problem in the United States. In 2010, student loan debt countrywide totaled $830 billion. Now the latest data from the Federal Reserve shows that more than 44 million people collectively owe $1.5 trillion. About 65 percent of this debt belongs to people under age 40. Seven out of 10 new college graduates owe, on average, $37,172.

“The cost of college has skyrocketed to unprecedented rates for a variety of reasons,” said Mike Brown, a research analyst at LendEDU, a Hoboken, N.J.-based company that helps consumers compare financial products. “The country’s population has steadily risen, there’s a more crowded candidate pool for employers, young adults need to remain competitive to land a good-paying job, and the benchmark to stay competitive is a bachelor’s degree.

“Why would colleges not raise tuition, from a business perspective?” he asked. “I believe there’s a prevailing greediness on the side of the higher education administrators, who just raise tuition prices because everyone else is doing it, and because they can.”

Brown said he believes student loan debt—and companies’ willingness to help graduates pay it off—will be among the top five national issues in the 2020 presidential election.

SHRM supports legislation (H.R. 1043) that would let employers give tax-free student loan assistance up to $5,250 a year per employee. 

“More employers are offering student loan repayment or refinancing as benefits, but I believe it’s still underutilized,” said Jeff Oldham, senior vice president for BenefitsPlace Distribution at Benefitfocus, a cloud-based benefits management platform firm with headquarters in Charleston, S.C.

A survey by American Student Assistance found that 86 percent of respondents would commit to staying with their employer for five years if the employer helped repay their student loans. The same data found that student loan repayment was the third most desirable employment benefit.

“It’s my perception that if H.R. 1043 passes, that we’ll see employer adoption of student loan repayment benefits jump,” Oldham said.

Other Regrets

After student debt, graduates’ biggest regrets were the poor work-related networking opportunities they had in school and their choice of a major area of study—at 11 percent and 12 percent of respondents, respectively.

Older respondents were more likely to say they had no regrets about their college education.

In fact, a majority of Baby Boomers—51 percent—indicated they hadn’t any regrets. 

Millennials were almost exactly split between having no regrets—28.7 percent—and regretting taking out student loans—28.8 percent.

“These statistics on Millennial college regrets is in stark contrast with other generations,” the survey authors wrote. “Only 13 percent of Baby Boomers have regrets about their loans. [Generation] Xers reported a similar degree of student loan regrets with Millennials, 26 percent, but also a much higher 37 percentage of ‘no regret’ responses.”

[SHRM members-only resource: Salary Survey Directory]

Millennials have good reason to regret their student loans: Public university tuition has increased by 62 percent over the last decade. In a 2019 study, the Federal Reserve found that average student loan debt between 2005 and 2014 doubled among those ages 24 to 32. The study also found that student loan debt was a key reason for the stark decline in homeownership and wealth accumulation among young adults.

Regretting that Major

Huge shifts in technology have created whole new fields of college study, while today’s labor market demands more technical training than ever. Not surprisingly, recent graduates who studied technology-driven fields—and who tend to now be in high-earning professions—are least likely to report regrets about their education.

For instance, computer science and engineering majors had the lowest response rates to regretting their area of study—4 percent and 8 percent, respectively.

Those majoring in education—while having relatively few regrets overall about college—nonetheless reported a high rate of regrets about their student loans.  

“Education is consistently ranked high in the most meaningful majors, but also consistently low in majors that pay you back” financially, the survey authors wrote.

Humanities majors report regretting their area of study at a much higher rate, 21 percent, than other majors.

Meanwhile, those who majored in health sciences, art and social sciences were the most likely to express regrets about their student loans. Social science and art majors tend to land jobs with relatively low salaries. And while medical professionals can earn healthy paychecks, their regrets may stem from having racked up years of debt for post-graduate or medical school training.

“If you haven’t already discussed the earning potential of the role [a worker] is in, that could be a good start to showcase what the employee has the potential to make,” Gimbel said. “It would be a waste if an employee left because they weren’t aware of the earning potential they had in their role.” 

//window.fbAsyncInit = function() { FB.init({ appId: '649819231827420', xfbml: true, version: 'v2.5' }); };

//(function(d, s, id){ // var js, fjs = d.getElementsByTagName(s)[0]; // if (d.getElementById(id)) {return;} // js = d.createElement(s); js.id = id; // js.src = "http://connect.facebook.net/en_US/sdk.js"; // fjs.parentNode.insertBefore(js, fjs); //}(document, 'script', 'facebook-jssdk')); function shrm_encodeURI(s) { return encodeURIComponent(s); } function RightsLinkPopUp() { var url = "https://s100.copyright.com/AppDispatchServlet"; var location = url + "?publisherName=" + shrm_encodeURI("shrm") + "&publication=" + shrm_encodeURI("Legal_Issues") + "&title=" + shrm_encodeURI("Justices Hear ERISA Reimbursement Case") + "&publicationDate=" + shrm_encodeURI("11/11/2015 12:00:00 AM") + "&contentID=" + shrm_encodeURI("6badda72-62e7-49e8-b4bd-ebbd02a72a17") + "&charCnt=" + shrm_encodeURI("7399") + "&orderBeanReset=" + shrm_encodeURI("True"); window.open(location, "RightsLink", "location=no,toolbar=no,directories=no,status=no,menubar=no,scrollbars=yes,resizable=yes,width=650,height=550"); } Source link

The post Many Grads Have Regrets About College appeared first on consultant pro.

[payprosalaska]

New York Legislators Upend the Workplace Legal Landscape

New York employers should be aware of sweeping changes to the state’s employment laws impacting settlement and separation agreements, employment-related litigation, and hiring and pay practices.

State lawmakers’ 2019 changes come on the heels of landmark legislation enacted in 2018 aimed at curbing workplace sexual harassment.

[SHRM members-only HR Q&A: What are the different types of sexual harassment?]

Employers should immediately review their policies and application processes, as well as training, payroll, and compensation and benefits programs, to ensure compliance with New York’s new laws. Here are the key components employers should note.

Nondisclosure Provisions Get the Kibosh

In July 2018, New York became the first jurisdiction to curtail the use of nondisclosure provisions in sexual-harassment settlement agreements. The law prohibits employers from including nondisclosure provisions unless the employee wants to include the provisions and the employer complies with certain nuanced procedural requirements.

In 2019, lawmakers expanded this limitation to cover agreements resolving all forms of unlawful discrimination, harassment and retaliation. Going forward, provisions that appear to bar disclosure of the underlying facts of such claims may be included in a settlement, separation or similar agreement only if the employee:

Prefers the nondisclosure or confidentiality provisions.

Has 21 days to consider the nondisclosure or confidentiality provision—a period that cannot be shortened or waived.

Has seven days after signing to revoke the agreement.

Memorializes his or her preference of confidentiality in a separate written agreement.

Nondisclosure provisions also cannot restrict employees from participating in administrative agency investigations or disclosing necessary facts to receive certain public benefits, such as Medicaid or unemployment.

Beginning Jan. 1, 2020, any nondisclosure agreement that prevents employees from disclosing future discrimination claims will be void unless it includes certain notifications.

Lowering the Bar for Proving Workplace Harassment

Following California’s lead, New York’s new laws make it easier for employees to prove workplace harassment claims. Currently, under both federal and New York law, an employee alleging harassment must show that the conduct was severe or pervasive.

Under the new laws, however, harassment, at least for purposes of New York’s anti-discrimination law, will be deemed illegal “regardless of whether such harassment would be considered severe or pervasive under precedent applied to harassment claims.” 

The new laws do provide a defense if the employer can show that the harassing conduct consists of mere “petty slights or trivial inconveniences.”

However, employers will no longer be able to invoke the so-called Faragher-Ellerth defense to harassment claims. This defense allowed employers to avoid harassment-related liability by maintaining anti-harassment policies and by showing that an employee unreasonably failed to notify the employer of the alleged harassment.

These changes align New York state law with the historically more employee-friendly New York City Human Rights Law.

Expanding Equal Pay Protection to All Employees

During the 2019 legislative session, lawmakers also expanded equal pay protections to employees of all classes and characteristics covered by the state’s anti-discrimination law. 

This means that in addition to a sex-based equal-pay lawsuit, pay discrimination claims can be based on age, race, creed, color, national origin, sexual orientation, gender identity or expression, disability, and other recognized classes.

The new laws also lower the legal standard for employees to prove pay discrimination.  Previously, employers were required to ensure equal pay for equal work. Now New York employers must ensure equal pay for “substantially similar work.”

Say Goodbye to Salary-History Inquiries

Over the past few years, several New York localities enacted bans on salary history inquiries. Empire State employers outside those jurisdictions, however, have been free to ask applicants about their wage history—until now. 

In another move to broaden the state’s anti-discrimination laws, legislators passed a bill prohibiting employers from asking applicants about their salary histories. Specifically, the law will prohibit all New York employers from:

Relying on an applicant’s salary history in determining salary or whether to offer employment.

Requesting an applicant or employee’s salary history.

Requesting salary information from an applicant’s or employee’s current or former employer. 

The law nevertheless provides two key exceptions to the salary inquiry ban. First, applicants may voluntarily, without prompting, disclose such information so they can negotiate their pay. Second, employers can verify salary history if, at the time compensation is offered, the applicant or employee provides prior compensation history to support a request for higher wages.

Additional Expansions to New York’s Workplace Laws

The new laws contain the following additional provisions that New York employers should note:

All employers will now be subject to the state’s anti-discrimination law, regardless of size.

Nonemployees, such as independent contractors, will also be entitled to anti-discrimination protections. The laws also protect domestic household workers from all forms of harassment.

Employees who win state-law discrimination, harassment or retaliation claims will be able to recover uncapped punitive damages and will automatically be awarded their attorney fees.

The limitations period to file sexual-harassment claims with the New York State Division of Human Rights will increase to three years from one year.

Employers will be required to distribute additional notices and other materials to new and existing employees about sexual-harassment prevention (in English and the employee’s primary language), including a copy of any information presented at the employer’s annual sexual-harassment-prevention training sessions.

The laws also bar contractual clauses that require mandatory arbitration for harassment and discrimination claims. However, federal law will likely pre-empt this change.

Mark Goldstein and Alexandra Manfredi are attorneys with Reed Smith in New York City. Saranne Weimer is an attorney with Reed Smith in Princeton, N.J.

//window.fbAsyncInit = function() { FB.init({ appId: '649819231827420', xfbml: true, version: 'v2.5' }); };

//(function(d, s, id){ // var js, fjs = d.getElementsByTagName(s)[0]; // if (d.getElementById(id)) {return;} // js = d.createElement(s); js.id = id; // js.src = "http://connect.facebook.net/en_US/sdk.js"; // fjs.parentNode.insertBefore(js, fjs); //}(document, 'script', 'facebook-jssdk')); function shrm_encodeURI(s) { return encodeURIComponent(s); } function RightsLinkPopUp() { var url = "https://s100.copyright.com/AppDispatchServlet"; var location = url + "?publisherName=" + shrm_encodeURI("shrm") + "&publication=" + shrm_encodeURI("Legal_Issues") + "&title=" + shrm_encodeURI("Justices Hear ERISA Reimbursement Case") + "&publicationDate=" + shrm_encodeURI("11/11/2015 12:00:00 AM") + "&contentID=" + shrm_encodeURI("6badda72-62e7-49e8-b4bd-ebbd02a72a17") + "&charCnt=" + shrm_encodeURI("7399") + "&orderBeanReset=" + shrm_encodeURI("True"); window.open(location, "RightsLink", "location=no,toolbar=no,directories=no,status=no,menubar=no,scrollbars=yes,resizable=yes,width=650,height=550"); } Source link

The post New York Legislators Upend the Workplace Legal Landscape appeared first on consultant pro.

[payprosalaska]

Why Punishing Employee Mistakes Can Sabotage Your Company

​SHRM has partnered with ChiefExecutive.net to bring you relevant articles on key HR topics and strategies.

When a little kid falls and skins his knee, he doesn’t drop his head and say, “I suck. I’m never going to try again.” His parents don’t scream at him, “How dare you trip?!” In business, however, people feel this way all the time. They’re fueled by the fear of making a costly mistake, so they avoid risks.

But they forget a vital lesson: Mistakes are useful. A report published in Scientific American found that our brains actually grow as we learn from our mistakes. They build paths that eventually lead to success if we leverage that information properly. In other words, we should celebrate mistakes because they get us one step closer to our desired outcome.

Mistakes, by their nature, are unintentional. They usually result from people sizing up a situation and going left when they should have gone right. Just don’t confuse genuine mistakes with irresponsibility, which is grounded in consistent carelessness. When people fear mistakes, they underachieve and underperform. 

Your team needs the confidence to be bold and fearless because that’s precisely where value is created. To celebrate your employees’ mistakes and help them be daring enough to fail, use these three strategies:

1. Build a safety net. Your employees should feel secure enough to take bold action. Meet with your team members to determine whether they feel welcome to share ideas and use their strengths and talents. In a trusting and engaging work environment, employees should feel less pressure to avoid mistakes.

One way I practice this is by supporting my employees as they lead client meetings. Many people are afraid to talk with a client when the boss is in the room because they’re worried about the review that could follow. Silencing employees, whether it’s intentional or not, prevents them from truly adding value. Encouraging employees to take risks helps them produce highly effective results, build their confidence, and develop their skills without fear of repercussions. 

2. Shine a light on imperfections. No one is perfect, and that’s OK. When your employees slip up, don’t reprimand them — recognize the mistake and turn it into a teaching moment.

For instance, an employee of mine thought I was going to read him the riot act after he sent out a not-so-great email. Instead, I told him to email the client back, openly admit the mistake, and fix the situation. The client trusted him even more because he acted authentically instead of creating a larger mess by trying to work around the mistake. Once you start treating errors as learning experiences, employees will feel brave enough to take the risks that yield the biggest rewards.

3. Open your own book. Your employees will never feel safe to make mistakes if they think you’re flawless. During every team meeting, I discuss my own faults because it shows people I’m working hard to affect change in myself and my practice. My openness permits them to be more candid with me, each other, and their clients. It also makes them more productive because they don’t have to spend as much time covering up errors.

We all make mistakes, but it’s not something to fear. Instead, make sure you and your employees learn from them and prevent irresponsible behavior going forward.

You can’t become the best if you never take risks. We learn by doing, experiencing and living — even if you did it wrong. Celebrate those falls, and show your employees how to stand up and get back in the game. Eventually, they’ll rise to their fullest potential.

Jonathan Keyser is the founder of KEYSER, a Scottsdale, Arizona-based commercial real estate broker. He’s also an author, thought leader and guest speaker on disruptive and service-oriented business practices.

This article is excerpted from www.ChiefExecutive.net with permission from Chief Executive. C 2019. All rights reserved.

//window.fbAsyncInit = function() { FB.init({ appId: '649819231827420', xfbml: true, version: 'v2.5' }); };

//(function(d, s, id){ // var js, fjs = d.getElementsByTagName(s)[0]; // if (d.getElementById(id)) {return;} // js = d.createElement(s); js.id = id; // js.src = "http://connect.facebook.net/en_US/sdk.js"; // fjs.parentNode.insertBefore(js, fjs); //}(document, 'script', 'facebook-jssdk')); function shrm_encodeURI(s) { return encodeURIComponent(s); } function RightsLinkPopUp() { var url = "https://s100.copyright.com/AppDispatchServlet"; var location = url + "?publisherName=" + shrm_encodeURI("shrm") + "&publication=" + shrm_encodeURI("Legal_Issues") + "&title=" + shrm_encodeURI("Justices Hear ERISA Reimbursement Case") + "&publicationDate=" + shrm_encodeURI("11/11/2015 12:00:00 AM") + "&contentID=" + shrm_encodeURI("6badda72-62e7-49e8-b4bd-ebbd02a72a17") + "&charCnt=" + shrm_encodeURI("7399") + "&orderBeanReset=" + shrm_encodeURI("True"); window.open(location, "RightsLink", "location=no,toolbar=no,directories=no,status=no,menubar=no,scrollbars=yes,resizable=yes,width=650,height=550"); } Source link

The post Why Punishing Employee Mistakes Can Sabotage Your Company appeared first on consultant pro.

[payprosalaska]

Supervisors’ Comments Are Direct Evidence of Disability Discrimination

A trial is warranted under the Americans with Disabilities Act (ADA) when the employer’s supervisors are alleged to have directly discriminated against and failed to accommodate an employee suffering from episodic panic attacks and depression, a federal district court ruled.

Less than six months after starting employment at Crain Automotive Holdings LLC, the claimant had chest pains at work. Believing it to be a heart attack, she left to go to the emergency department. Following a few days of treatment, she was diagnosed as having panic attacks. She returned to work, only to suffer another attack. Approximately one week after her first episode, Crain terminated her employment, with the claimant’s supervisors telling her that things were not working out due to her health problems and that she needed to take care of herself.

The Equal Employment Opportunity Commission (EEOC) sued on behalf of the claimant for failure to provide a reasonable accommodation and disability discrimination. Denying summary judgment, the District Court found that a jury would decide whether the claimant’s diagnosis of anxiety, depression and panic attacks substantially limited her ability to take care of herself, communicate with others or think coherently, which are major life activities under the ADA as amended. Citing Congress’s intent to broaden the definition of a “disability,” the district court disregarded Crain’s arguments that the claimant could perform other major life activities and could work through her episodic panic attack.

[SHRM members-only toolkit: Accommodating Employees’ Disabilities]

Crain also maintained that it was unaware of her disability. However, the district court found that the timing of the termination in conjunction with the claimant’s e-mails reporting her symptoms and treatment were sufficient to infer that Crain knew of her disability. Similarly, it was for a jury to decide whether Crain received her doctor’s note, which stated that she needed three weeks off work. The district court explained that an employee with a disability need not use magic words like “reasonable accommodation” when requesting an accommodation but must provide sufficient information under the circumstances, such as a doctor’s note, when the employer can be fairly said to know of both the disability and the need for an accommodation.

While stray remarks in the workplace by nondecisionmakers or statements made by decisionmakers unrelated to the decisional process do not constitute direct evidence of discrimination, the nature of the supervisors’ statements was different. Here, the comments at the time of termination were tied directly to the claimant’s disability, thus amounting to direct evidence of discrimination sufficient for a jury’ consideration.

EEOC v. Crain Automotive Holdings LLC, No. 4:17-CV-00627 (April 11, 2019).

Professional Pointer: When medical conditions impede an employee’s ability to perform the essential functions of his or her job, managers should be encouraged to consult with HR to consider whether there may exist a disability and the need for an accommodation and, if so, to ensure an appropriate and required interactive dialogue. Discharging an employee immediately following a medical emergency is likely more often than not a bad idea, and tying the decision to terminate to an alleged disability is the type of direct evidence that will guarantee a trial.

Steven F. Ritardi is a shareholder with Carmagnola & Ritardi, LLC, the Worklaw® Network member firm in Morristown, N.J.

[Visit SHRM’s resource page on the Americans with Disabilities Act.]

//window.fbAsyncInit = function() { FB.init({ appId: '649819231827420', xfbml: true, version: 'v2.5' }); };

//(function(d, s, id){ // var js, fjs = d.getElementsByTagName(s)[0]; // if (d.getElementById(id)) {return;} // js = d.createElement(s); js.id = id; // js.src = "http://connect.facebook.net/en_US/sdk.js"; // fjs.parentNode.insertBefore(js, fjs); //}(document, 'script', 'facebook-jssdk')); function shrm_encodeURI(s) { return encodeURIComponent(s); } function RightsLinkPopUp() { var url = "https://s100.copyright.com/AppDispatchServlet"; var location = url + "?publisherName=" + shrm_encodeURI("shrm") + "&publication=" + shrm_encodeURI("Legal_Issues") + "&title=" + shrm_encodeURI("Justices Hear ERISA Reimbursement Case") + "&publicationDate=" + shrm_encodeURI("11/11/2015 12:00:00 AM") + "&contentID=" + shrm_encodeURI("6badda72-62e7-49e8-b4bd-ebbd02a72a17") + "&charCnt=" + shrm_encodeURI("7399") + "&orderBeanReset=" + shrm_encodeURI("True"); window.open(location, "RightsLink", "location=no,toolbar=no,directories=no,status=no,menubar=no,scrollbars=yes,resizable=yes,width=650,height=550"); } Source link

The post Supervisors’ Comments Are Direct Evidence of Disability Discrimination appeared first on consultant pro.

[payprosalaska]

Training First-Time Employees? Don’t Forget Soft Skills

​Teenage workers can be a source of seasonal or part-time labor for businesses looking to fill entry-level jobs. But managing these young employees can present challenges, especially if it’s their first experience in the workforce.

Mike Catania, chief technology officer at Promotioncode.org, an online coupon distributor based in Henderson, Nev., recalls a college-age employee who would multitask by watching amusing YouTube videos while he worked—and send them to his boss throughout the day.

“I would probably get three or four a day, just like, ‘Hey Mike, check this out,’ ” Catania said. “When I spoke to him about it, there was no recognition at all that he shouldn’t be doing it. It was like reprimanding a puppy.”

Youth employment typically peaks in July, and around 2 million young people between the ages of 16 and 24 entered the workforce between April and July last year, bringing total youth employment to 20.9 million. But while many of these first-time employees may have been trained in technical skills like operating a cash register or creating a spreadsheet, they’re often missing the soft skills they need to succeed in the workplace, said Kyra Leigh Sutton, an assistant professor at Rutgers University’s School of Management and Labor Relations. By making just a small time investment, she says, employers can help these employees succeed at work now and in the future.

Sutton, who teaches HR with a focus on managing a multigenerational workforce, sees the issue from both the employer’s point of view and the worker’s: Her students, ranging in age from 17 to 22, often talk to her about their experiences working at first-time jobs in restaurants, movie theaters and gas stations. “They tell me, ‘We learn about stuff like how to sell lottery tickets, or how to check for ID if someone wants to buy cigarettes, but they don’t tell us how to interact with a customer who’s upset because they were overcharged for something,’ ” she said.

[SHRM members-only toolkit: Developing and Sustaining Employee Engagement]

Three of the biggest skills gaps she sees in first-time workers are in the areas of problem-solving, communication and collaboration. Take the example of a young employee faced with a complaining customer. “It’s making you uncomfortable,” she said. “You don’t know how to deal with it, you don’t really pay attention to what their complaint is about, and you make a quick decision,” such as calling over a manager to handle it. “The manager is thinking, ‘Why can’t you solve this on your own?’ ”

An astute manager can train employees in better communication, like listening intently to the customer and gathering as much information as they can before deciding what to do next. Even in fast-paced environments like restaurants, team meetings can include a few minutes of discussion or feedback around soft skills. “I think it’s an opportunity for managers,” she said. “Part of the conversation could be, ‘Let’s talk about two solid things you can be doing to start building problem-solving skills.’ “

Recognition is especially important for young workers, she added. Acknowledging teen employees for their successes not only supports their growth, it also demonstrates good workplace behavior for other young workers joining the team.

Recognition is one of the reasons Hannah Kelly, 18, likes her job at Smashing Tomato, a pizza and salad casual restaurant in Lexington, Ky. The pizza parlor rewards good work with “Bella Bucks,” points that can be used to buy food onsite or at one of its sister restaurants, Bella Notte or Bella Forno, and managers are quick to call out employees who go above and beyond.

“I opened by myself the other day, and then I stayed later than my shift because there was a rush,” Kelly said. “My manager gave me 30 Bella Bucks, which is a lot, and said, ‘Thank you so much for your hard work. You came in early and stayed late, and I just want to let you know I really appreciate it.’ It makes you feel better about yourself and the whole job, basically.”

Catania, who hires college students for entry-level tasks like validating online coupons, says young, seasonal employees often “unfairly catch the blame” for mistakes. Instead of assuming young workers are lazy or sloppy, managers can help them succeed if they treat them in good faith.

“As a manager, you need to be clear not just in your expectations for the job, but what is and isn’t allowed in an office,” he says. “We tend to take social graces for granted in a work environment, but working for you might be this kid’s first job, and they simply lack the context and framework to understand how you need things done.”

Ilima Loomis is a freelance writer based in Hawaii.

//window.fbAsyncInit = function() { FB.init({ appId: '649819231827420', xfbml: true, version: 'v2.5' }); };

//(function(d, s, id){ // var js, fjs = d.getElementsByTagName(s)[0]; // if (d.getElementById(id)) {return;} // js = d.createElement(s); js.id = id; // js.src = "http://connect.facebook.net/en_US/sdk.js"; // fjs.parentNode.insertBefore(js, fjs); //}(document, 'script', 'facebook-jssdk')); function shrm_encodeURI(s) { return encodeURIComponent(s); } function RightsLinkPopUp() { var url = "https://s100.copyright.com/AppDispatchServlet"; var location = url + "?publisherName=" + shrm_encodeURI("shrm") + "&publication=" + shrm_encodeURI("Legal_Issues") + "&title=" + shrm_encodeURI("Justices Hear ERISA Reimbursement Case") + "&publicationDate=" + shrm_encodeURI("11/11/2015 12:00:00 AM") + "&contentID=" + shrm_encodeURI("6badda72-62e7-49e8-b4bd-ebbd02a72a17") + "&charCnt=" + shrm_encodeURI("7399") + "&orderBeanReset=" + shrm_encodeURI("True"); window.open(location, "RightsLink", "location=no,toolbar=no,directories=no,status=no,menubar=no,scrollbars=yes,resizable=yes,width=650,height=550"); } Source link

The post Training First-Time Employees? Don’t Forget Soft Skills appeared first on consultant pro.

[payprosalaska]

Is Age a Part of Your Inclusion Strategy?

People are living longer, and there are more older people in the workforce and looking for work. The time is ripe for organizations to make age part of their diversity and inclusion strategies, noted panelists at The Future of Work for All Generations conference that AARP recently hosted in Washington, D.C.

“You do have to retire the word ‘retirement,’ ” said Julio Portalatin, vice chairman of global professional services firm Marsh & McLennan in New York City. “It is about different stages [of work and life] now … and our ability to reskill at those points.”

In fact, The Associated Press reported in June that seniors in major metropolitan areas—especially in the Northeast and around Washington, D.C.—are more likely to continue working past age 65 than those in other areas of the U.S. Those regions recovered better from the Great Recession, compared to the rest of the country, and tend to have jobs in government, finance, law and academia where seniors can work longer. The findings are based on an analysis of U.S. Census Bureau data by the AP-NORC Center for Public Affairs Research.

Additionally, Forbes reported in May that many Baby Boomers are embracing “unretirement”—either for monetary reasons or because they enjoy working—by reinventing themselves after trying retirement.

[SHRM members-only toolkit: Employing Older Workers]

At Marsh & McLennan, Portalatin said, retirees bid to work on client projects as consultants.

“They’re great at delivering [the product] because they’ve been doing it for decades,” he noted.

Panelist Geoff Pearman, founder and managing director and principal consultant at Partners in Change consultancy in New Zealand, advocated for transition pathways for older workers to ease out of work.

“Give them a new narrative and a new way about talking” about how they would like to use their skills and experience, rather than assuming they will stop working after a certain age, he said during the panel discussion.

That might involve, for example, phased retirement, working on more project-based assignments, less fast-paced work or more-flexible schedules.

“Retirement is old, linear thinking,” Pearman added, noting that some workers go into business for themselves after they supposedly “retire.” He advised employers to train team leaders and managers to have inclusive, honest conversations with older workers to learn what they want to do.

[SHRM Foundation resource page: The Aging Workforce]

However, there doesn’t seem to be a sense of urgency among organizations to find out what their older employees want out of work, Portalatin said. “There’s a lot of talk about [being age-inclusive] but not a lot of execution. I’m concerned we’re leaving the issue behind for others to solve.”

Rohini Anand, senior vice president of corporate responsibility and global chief diversity officer at Sodexo, said one initiative alone won’t solve the problem. Instead, companies have to change the culture. Sodexo has had success building an age-inclusive environment, she said, by:

Articulating a clear business case for having older workers.

Getting engagement and commitment from leadership. “[Age inclusivity] has to be driven from the top. It sends a strong message when leaders are engaged and making things happen. The same thing applies when you’re talking about age diversity,” Anand said.

Having clear metrics and accountability. She suggested linking performance management to some sort of diversity objective that includes age.

Employing a systemic, holistic strategy that addresses human capital at all ages, including age-neutral hiring and talent management, a succession plan to ensure knowledge transfer, and elimination of unconscious bias.

Portalatin advised HR professionals to regularly review the company handbook.

“Many of you would be amazed at how antiquated it is,” he said. “Your goals change every year, so why shouldn’t [your handbook]?”

Read this checklist for creating an age-inclusive workforce. 

//window.fbAsyncInit = function() { FB.init({ appId: '649819231827420', xfbml: true, version: 'v2.5' }); };

//(function(d, s, id){ // var js, fjs = d.getElementsByTagName(s)[0]; // if (d.getElementById(id)) {return;} // js = d.createElement(s); js.id = id; // js.src = "http://connect.facebook.net/en_US/sdk.js"; // fjs.parentNode.insertBefore(js, fjs); //}(document, 'script', 'facebook-jssdk')); function shrm_encodeURI(s) { return encodeURIComponent(s); } function RightsLinkPopUp() { var url = "https://s100.copyright.com/AppDispatchServlet"; var location = url + "?publisherName=" + shrm_encodeURI("shrm") + "&publication=" + shrm_encodeURI("Legal_Issues") + "&title=" + shrm_encodeURI("Justices Hear ERISA Reimbursement Case") + "&publicationDate=" + shrm_encodeURI("11/11/2015 12:00:00 AM") + "&contentID=" + shrm_encodeURI("6badda72-62e7-49e8-b4bd-ebbd02a72a17") + "&charCnt=" + shrm_encodeURI("7399") + "&orderBeanReset=" + shrm_encodeURI("True"); window.open(location, "RightsLink", "location=no,toolbar=no,directories=no,status=no,menubar=no,scrollbars=yes,resizable=yes,width=650,height=550"); } Source link

The post Is Age a Part of Your Inclusion Strategy? appeared first on consultant pro.

[payprosalaska]

Court Puts Kibosh on Policy Requiring Two Calls to Request FMLA Leave

A few months ago I wrote that employers can and should consider requiring that employees make two calls to request leave under the Family and Medical Leave Act (FMLA). For instance, you might require one call to the supervisor to report the absence, and a second call to Human Resources (or your third-party administrator) to request FMLA leave.

All good, right?

Well, let me share a cautionary tale for those who have implemented or are contemplating this two-call requirement, because one federal court just threw us a curve ball. (Moore v. GPS Hospitality Partners IV, LLC, S.D. Ala. June 3, 2019.)

The Facts

LaShondra Moore was employed at a local Burger King restaurant owned by the defendant, and during her Saturday shift, she told her boss that her mom was in a “life-or-death situation that required surgery,” and that she needed “a week off” to be with her. In response, her supervisor told her to “take all the time” she needed.

She stayed in touch with her boss about her continued absence for a few days, but then was spotty in her communications on several other days the following week. It was not until the following Wednesday that Moore asked her supervisor for FMLA leave. In the meantime, however, she had a no-call, no-show that same Wednesday and, although the reasons for her termination the following week were unclear, the no-call, no-show surely was a key factor.

Under the Burger King FMLA policy, which was outlined in the restaurant’s employee handbook, employees like Moore were obligated to contact both their supervisor and Human Resources to request FMLA leave. In this instance, Moore called her supervisor, but did not call HR to request FMLA leave as required in the policy.

In defending against Moore’s eventual FMLA claims, the restaurant pointed to her failure to comply with both components of the notice requirements of the FMLA policy. Although Moore may have alerted her supervisor, she failed to follow the second part of the notice requirement—contacting Human Resources to request FMLA leave.

How Did This One Turn Out?

Over the past few years, employers have scored victory after victory where they have implemented a two-phone-call notice requirement and the employee has, in turn, not followed the procedure. As I noted in my previous post on this topic, numerous federal appellate courts have upheld the employer’s right to maintain this rigorous notice obligation.

Not this court.

After analyzing the notice provisions of the FMLA regulations (and preamble!) in painstaking detail, the court rejected the restaurant’s argument that Moore’s failure to notify Human Resources precluded her from taking FMLA leave. Specifically, the court held that an employer can maintain a “two-call-in” requirement only if this approach applies across the board for all leave requests. In other words, this court determined that an employer cannot deny FMLA leave based on an FMLA notice requirement that includes more procedural hurdles than what the employer requires for other types of leave.

Sadly, the court didn’t stop there, as it found there were unusual circumstances that prohibited Moore from following the call-in requirements anyway. Notably, the court found it unreasonable for Moore to have read and understood the obligations contained in the FMLA policy since she had only been given access to the new employee handbook (with the 2.5-page FMLA policy contained therein) two months earlier and she “didn’t have time” to review the policy.

Curiously, the court also appeared concerned that the employee did not receive an actual hard copy of the handbook, though it was readily accessible to Moore in an online format.

[SHRM members-only toolkit: Managing Family and Medical Leave]

Insights for Employers

I had a visceral reaction to this decision after I read it, and my knee-jerk reaction was to wad it up and throw it in the garbage can.

Let me explain.

As an initial matter, the court failed to recognize that the FMLA, by its very own bureaucratic terms, demands that employers and employees alike assume a host of somewhat challenging and time-consuming obligations that simply aren’t required in an ordinary sick-leave situation. Indeed, the 2009 regulatory changes made clear that these amendments hoisted several additional responsibilities on employees that do not apply in a typical sick-leave situation.

Moreover, from a practical standpoint, it’s quite common for employers to have several different processes for requesting sick leave vs. paid time off vs. vacation vs. short-term disability vs. military leave vs. FMLA leave. So, which of these processes should an employer select so as to remain complaint with this court decision?

Following this decision leads potentially to absurd results, though we need to give it due consideration (see recommendations below).

Then, there’s the issue of the employee handbook. How long should employees have to acquaint themselves with a handbook before the employer can start enforcing its provisions? 6 months? 12 months? Perhaps longer if employees can show they “didn’t have time” to review it? Where is the personal accountability here? Can you imagine the lawless workplaces we’d encounter if employers were handcuffed from enforcing reasonable provisions in an employee handbook? This kind of judicial officiating doesn’t operate in reality.

I haven’t even gotten to the point that several other appellate courts have found this two-call policy perfectly appropriate. How much weight do we give this decision, given the weight of these several other, persuasive decisions?

Perhaps not much. But let’s be careful. This decision reminds us of a few important principles:

Whenever possible, align paid-leave procedures with your FMLA procedures. There is much here to suggest that this case could be limited in persuasive value because of its distinguishable facts, but let’s use it for what it’s worth—we’re in a more defensible position when our procedures for requesting leave of any kind align.

Managers must have an understanding of their role in the FMLA process. Although I did not focus much on the managers’ response to Moore’s eventual request for FMLA leave, the reaction is not going to win any best-practice awards. In fact, their reaction to her request for leave was pretty horrible and made it fairly clear to me that they didn’t have a clue about their responsibilities under the FMLA. FMLA training is critical. Don’t push it off.

Managers must be able to recognize when an employee’s request is potentially for an FMLA-qualifying reason and to take steps to ensure that neither the supervisor nor the staff interferes with an employee taking leave protected by the law.

On that same note, one of the quirky facts about this case was the FMLA policy’s requirement that a manager, when informed of the need for FMLA leave, was obligated to advise the employee to go to Human Resources to make the FMLA request. Get this kind of stuff out of your FMLA policy! Don’t put responsibility on the manager to respond in this way, because once they don’t, you’re on the hook for the breakdown. Keep the responsibility always on the employee to report the need for FMLA leave.

That doesn’t mean that managers are off the hook—they must be trained on how to properly handle an FMLA request (see above!), which should include counseling the employee to report the absence per the employer’s absence policy, but the policy should not bind the manager to respond in a certain manner.

As we see here, the court took issue with the fact that the FMLA policy required the manager to act in such a manner, but he didn’t do so. This artificial, procedural hurdle created yet another problem for this employer.

This decision gives heartburn to employers that use third-party administrators, as there are very few TPAs that handle all the leave administration for an employer (another reason why this decision makes no practical sense). Employers should consider whether leave requests generally should flow through a common location, such as a TPA or Human Resources.

Jeff Nowak is a shareholder at Littler, an employment and labor law practice representing management, and author of the FMLA Insights blog, where this article originally appeared in a slightly different form. © 2019 Jeff Nowak. All rights reserved. Republished with permission.

Visit SHRM’s resource page for the Family and Medical Leave Act.

//window.fbAsyncInit = function() { FB.init({ appId: '649819231827420', xfbml: true, version: 'v2.5' }); };

//(function(d, s, id){ // var js, fjs = d.getElementsByTagName(s)[0]; // if (d.getElementById(id)) {return;} // js = d.createElement(s); js.id = id; // js.src = "http://connect.facebook.net/en_US/sdk.js"; // fjs.parentNode.insertBefore(js, fjs); //}(document, 'script', 'facebook-jssdk')); function shrm_encodeURI(s) { return encodeURIComponent(s); } function RightsLinkPopUp() { var url = "https://s100.copyright.com/AppDispatchServlet"; var location = url + "?publisherName=" + shrm_encodeURI("shrm") + "&publication=" + shrm_encodeURI("Legal_Issues") + "&title=" + shrm_encodeURI("Justices Hear ERISA Reimbursement Case") + "&publicationDate=" + shrm_encodeURI("11/11/2015 12:00:00 AM") + "&contentID=" + shrm_encodeURI("6badda72-62e7-49e8-b4bd-ebbd02a72a17") + "&charCnt=" + shrm_encodeURI("7399") + "&orderBeanReset=" + shrm_encodeURI("True"); window.open(location, "RightsLink", "location=no,toolbar=no,directories=no,status=no,menubar=no,scrollbars=yes,resizable=yes,width=650,height=550"); } Source link

The post Court Puts Kibosh on Policy Requiring Two Calls to Request FMLA Leave appeared first on consultant pro.

[payprosalaska]

Obesity Is a New Protected Class in Washington State

The Washington Supreme Court held for the first time that obesity is a protected class under state anti-discrimination law (The applicant v. Burlington Northern Railroad Holdings, Inc.). This decision runs counter to recent federal court decisions in other parts of the country that have said obesity not caused by an underlying physiological disorder or condition does not qualify as an impairment under federal law.

The main reason for this distinction is that Washington state disability discrimination law offers broader coverage than the federal Americans with Disabilities Act (ADA).

While Washington employers may have grown accustomed to expansive disability discrimination protections, the decision goes further than ever before and may require them to immediately adjust employment practices.

Applicant’s Job Offer Rescinded

The applicant received a conditional offer of employment to work for BNSF Railway Company as an electronic technician, but the offer was contingent on him passing a physical examination and completing a medical history questionnaire to the company’s satisfaction. The medical evaluation revealed that the applicant was 5 feet 6 inches tall and weighed 256 pounds, resulting in a Body Mass Index (BMI) of 41.3.

Because a BMI over 40 is considered “severely” or “morbidly” obese, BNSF informed the applicant that it was unable to determine whether he was medically qualified for the job due to the significant health and safety risks associated with his physical condition. It further informed him that it was company policy to not hire anyone who had a BMI over 35, and that if he did not agree to pay for expensive additional medical testing to further examine his condition, his only other option was to lose 10 percent of his weight and keep it off for six months.

The applicant was unemployed and without medical insurance or other benefits to assist him in paying for the proposed testing, and therefore, he declined the company’s alternative proposals. Instead, he sued the railway company, alleging discrimination under the Washington Law Against Discrimination (WLAD) for refusing to hire him due to a perceived disability—obesity.

A federal court initially dismissed his claim, relying on federal cases interpreting the law to indicate that obesity is not a disability unless caused by a separate, underlying physiological disorder (and the applicant had no such disorder). But the 9th U.S. Circuit Court of Appeals believed that the applicant may have had a valid claim and was not ready to affirm the lower court’s dismissal. Instead, it sent the matter to the Washington Supreme Court and asked it to resolve the issue by applying state law.

Covered Under State Disability Law

The Washington Supreme Court answered the question by issuing an unprecedented decision that “obesity is always an impairment under the plain language of [the WLAD] because the medical evidence shows that it is a ‘physiological disorder, or condition’ that affects many of the listed body systems.” Putting it bluntly, the court said that “obesity does not have to be caused by a separate physiological disorder or condition because obesity itself is a physiological disorder or condition under the statute.”

The court went through a detailed analysis of obesity in order to reach this conclusion. It noted that obesity is not merely the status of being overweight, but instead is recognized by the medical community as a “primary disease.” It listed the many physiological reasons why an individual may suffer from obesity, ranging from genetic predisposition, endocrine disruption, an imbalance between energy intake and expenditure, to intrauterine grown restriction. And while certain disorders could contribute to obesity (such as tumors, eating disorders, hypothyroidism and various syndromes), the court noted that obesity may occur in people without such disorders being present.

The court emphasized that the WLAD is broader than its federal counterpart, the ADA, and therefore coverage can be found under state law even when possibly absent under federal law.

The court specifically declined “to use federal interpretations of the ADA to constrain the protections offered by the WLAD.” For example, the regulations interpreting the statute make clear that “abnormal” physical conditions deserve protection under Washington law, while no such provision appears in the ADA.

BNSF argued that weight should not be considered an abnormality because it is not an immutable characteristic and could be altered by the individual. Moreover, the defense argued, a large percentage of the population is obese (some 29 percent of adults in Washington were obese in 2016 according to BMI statistics) and therefore it could not be an abnormal condition. But the court rejected these arguments, noting that “abnormality” refers to something other than statistical frequency and was not limited to immutable states of being.

The court concluded by ruling that workers and applicants can gain the protections of the WLAD even if they aren’t obese, but that it is sufficient for actual or potential employers to perceive them as having the impairment of obesity.

“Because obesity qualifies as an impairment under the plain language of our statute,” the court concluded, “it is illegal for employers in Washington to refuse to hire qualified potential employees because the employer perceives them to be obese.”

What Does this Mean for Employers?

The decision could have far-reaching effects for Washington employers. First and foremost, if they use physical examinations or medical questionnaires to assist in the hiring process, they should immediately consult with their labor and employment counsel on how to proceed when it comes to inquiries and standards surrounding weight. Once they have determined the safest and most appropriate course of conduct, they should also provide written instructions to any third-party testing providers about their policies and hiring standards.

Next, they may want to consider reviewing and revising anti-harassment, anti-discrimination and anti-retaliation policies to reflect that obesity is now a protected class under Washington law. It may be sufficient for hiring managers and other supervisors to know about this change in the law, but an employer’s particular circumstances may warrant a clear enunciation of this new standard.

Employers should also be prepared to adjust their reasonable accommodation practices to reflect this change. If an existing employee indicates that he or she needs to be accommodated because of obesity, or applicants articulate their need for reasonable accommodation in order to perform the essential functions of the job, employers should be prepared to go through the typical interactive process as they would for any other disability.

Finally, employers should incorporate this shift in the law into training materials. Hiring managers need to know about new policies, supervisors and managers need to understand the contours of the new law, and all staff need to be aware that harassment based on someone’s obesity is strictly prohibited under the company’s policies.

Margaret Burnham is an attorney with Fisher Phillips in Seattle. © 2019 Fisher Phillips. All rights reserved. Reposted with permission. 

//window.fbAsyncInit = function() { FB.init({ appId: '649819231827420', xfbml: true, version: 'v2.5' }); };

//(function(d, s, id){ // var js, fjs = d.getElementsByTagName(s)[0]; // if (d.getElementById(id)) {return;} // js = d.createElement(s); js.id = id; // js.src = "http://connect.facebook.net/en_US/sdk.js"; // fjs.parentNode.insertBefore(js, fjs); //}(document, 'script', 'facebook-jssdk')); function shrm_encodeURI(s) { return encodeURIComponent(s); } function RightsLinkPopUp() { var url = "https://s100.copyright.com/AppDispatchServlet"; var location = url + "?publisherName=" + shrm_encodeURI("shrm") + "&publication=" + shrm_encodeURI("Legal_Issues") + "&title=" + shrm_encodeURI("Justices Hear ERISA Reimbursement Case") + "&publicationDate=" + shrm_encodeURI("11/11/2015 12:00:00 AM") + "&contentID=" + shrm_encodeURI("6badda72-62e7-49e8-b4bd-ebbd02a72a17") + "&charCnt=" + shrm_encodeURI("7399") + "&orderBeanReset=" + shrm_encodeURI("True"); window.open(location, "RightsLink", "location=no,toolbar=no,directories=no,status=no,menubar=no,scrollbars=yes,resizable=yes,width=650,height=550"); } Source link

The post Obesity Is a New Protected Class in Washington State appeared first on consultant pro.