Showing posts with label Human Resources. Show all posts
Showing posts with label Human Resources. Show all posts

Wednesday, 9 August 2017

Talent Shortage is Spreading

The shortage of skilled trade talent is spreading....
-Editor

The skills and talent shortage toolmakers have worried about for years is growing, and it's hitting more than tooling shops. It's also reaching the point that it is affecting the auto industry's production schedule.
"We received a call a couple of years ago from one of the automakers saying, 'We've got a problem in our industry involving talent. In fact, it's at the point where it's affecting [product] launch. We will have to delay and push back launches,'" Jay Baron, president and CEO of the Center for Automotive Research, said at the group's Management Briefing Seminars in Traverse City.
Baron recalled that after that call, Ann Arbor, Mich.-based CAR contacted other automakers.
"Every other automaker we called said, 'Yes, they're right. This is a systemwide problem in the industry.'"

Monday, 25 July 2011

What is an ERP ?

ERP, or Enterprise Resource Planning is an integrated computer system designed to manage all the existing resources inside a company including but not limited to financial resources, human resources, inventory and assets, etc. Usually an ERP system uses a centralized database, but recently, with the increased popularity of cloud services, the systems tend to become distributed.
Introduction:
As companies increased in size, and started to manipulate an increase number of entities (human, financial, inventory) it was obvious that a system was needed in place to manage them. Beside management, a complex decisional system was also needed that would manage various administrative workflows that are part of day to day operations.
Design:
ERP Providers usually implement standard business processes based on best operating practices. Depending on the company size, the company itself has to adhere to the business processes already modeled in the existing ERP packages, or, in the case of big corporations, it is usually the other way around, with new ERP packages build from scratch or adapted to adhere to the business processes already in use.
The main components that are part of a standard ERP package are:
Customer Relationship Management (CRM)
Human Resources Management
Project Management
Finance and Accounting
Manufacturing Production, Service and Delivery management
Supply Chain and Vendor Management
Warehouse and Inventory Management
Not all the possible modules are listed here and no ERP deployment is the same. A company does not necessarily needs Manufacturing Management Module, if it is in the Service business, etc.
Pros:
Unified system tracking various corporate entities from creation to consumption (ex. order tracking from acceptance through fulfillment, product manufacturing from design to shipment, project management from definition to completion and release or ever human resource from hiring campaign through hiring, promotion/demotion and termination)
data centralization – eliminates redundancies and facilitate backup and data mining procedures
structured data shaping, access and visualization – allow data access based on roles and offers views limited by scope
optimizes inventory by providing sales analysis
optimizes marketing campaigns by tracking customers and sales
Cons:
Cost – ERP packages tend to be expensive and, due to the inherent complexity of both the software itself and the multitude of existing business processes already existent in a company, the time to deployment can take years
When a company replaces its internal process with the ones modeled by the ERP package, it may result in a loss of performance
additional time is needed to familiarize all employee with the new system and the end results might not be optimal
insufficient initial funding might result in transition failure
April 15th, 2010 | Tags: advantages, benefits, cons, disadvantages, ERp System, implementation,pro, What is | Category: Editorials | Leave a comment
ERP Vendors


You can find most well known ERP Providers in the following list. Help us to keep the list updated by sending us information about related companies currently not listed.
Company Name
Package Name
Comments
SAP
SAP Business Suite, SAP Business ByDesignb, SAP Business One, SAP Business All-in-One
Oracle
JD Edwards EnterpriseOne, Oracle e-Business Suite, PeopleSoft
Microsoft
Microsoft Dynamics (AX, NAV, GP, SL)
NetSuite
NetSuite
CDC Software
Epicor
Epicor Enterprise
Syspro
SYSPRO
Plex Systems
Plex Online
Infor Global Solutions
ERP Adage, ERP LN, ERP LX, ERP SL, ERP Swan, ERP SX.Enterprise, ERP VE, ERP XA
The Sage Group
Sage ACCPPAC, Sage Pro ERP, Sage ERP X3
Lawson Software
Lawson M3, Lawson S3
IBM
Maximo (MRO)
QAD
QAD Enterprise Applications
Comarch
Comarch Altum
COA Solutions Ltd
Smart Business Suite
ABAS Software
ABAS ERP
PointHR
PointHR ATS, NEON

Thursday, 21 July 2011

PointhHR Partners with Hirebridge


PointHR announces partnership with Hirebridge.
For more than 17 years, PointHR has been providing unmatched screening services to thousands of companies nationwide in virtually every industry.  PointHR is fully integrated with Hirebridge Recruiter, and  has firmly established itself as the logical Background Screening choice for forward thinking companies. PointHR provides all background screen services, including: Criminal Records, Drug Screening, Electronic Offer Letter and Biometric Form I-9, Digitized Personnel Files, Automated Instant Employment Confirmation, Anonymous Employee Hotline, and More. By selecting PointHR as your Total HR Services partner you will save time and money by ensuring that you hire the best candidates, with the least risk, in a fast efficient manner. Streamline your screening now. Explore how easy it is at http://HireBridge.PointHR.com.

Hirebridge helps organizations maximize their HR resources and expand their opportunities with an affordable web-based recruiting platform. We understand that every business is unique, which is why we provide a range of on-demand services to meet the unique needs of your business. No matter the industry you are in or the size of your company, Hirebridge has a solution to meet your specific needs and can help reduce the time and cost to hire and fill your open positions. 

Thursday, 28 April 2011

Supreme Court- Complaints Do Not Have to be Made in Writing for FLSA Retaliation Claus to Apply

On March 22, 2011, the U.S. Supreme Court held in Kasten v. Saint-Gobain Performance Plastics Corp., that retaliation under the Fair Labor Standards Act, can be based on oral complaints, not just written ones. The Court rejected the employer’s argument that oral complaints are too indefinite to provide an employer with fair notice that an employee is engaging in protected activity.

Facts of the Case: The plaintiff employee believed that the location of the defendant employer’s time clock was illegal under the FLSA because it prevented employees from receiving fair compensation for the time they spent changing in and out of work clothes. The employer had an ethics policy that imposed on employees the obligation to report suspected violations of the law and an internal grievance resolution procedure that instructed employees to immediately contact their supervisor with “questions, complaints, and problems.” The employee claimed that he “raised concerns” with his supervisor that the location of the time clocks was “illegal” and that he also advised human resources personnel (a generalist and the HR manager) that the company would “lose in court” if a legal challenge were brought about the time clock location. He also told his lead operator that he was “thinking about starting a lawsuit about the placement of the time clocks.” The employee claimed that his subsequent discharge from employment was because of these complaints. He sued under the FLSA’s anti-retaliation provision and his claims were dismissed on summary judgment. The trial court, affirmed by the U.S. Court of Appeals for the Seventh Circuit, concluded that the FLSA, which prohibits retaliation against employees because they “file any complaint” required a written filing with a government agency.

The Rest @ HR That Works



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Friday, 15 April 2011

Background Checks are Essential

FORT WORTH - East Handley Elementary School in Fort Worth needs involved parents just like any other school.

Except, at East Handley, one parent volunteer turned out to be a registered sex offender.
It didn't take a thorough background check to learn Jon Coots served eight years for a 1996 sex crime with a child since it can easily be found on the state's sex offender registry, which Sean Young and his wife were shocked to discover.

"I recognized him because I'm also in the PTA," Young said. "He's a very active member at the school. He's a member of the PTA."

Young immediately printed off the registry information and took it to the school's vice principal and principal.
"She just said, 'We should have caught it before now and we apologize,'" Young said.

Young had to fill out forms for a background investigation to volunteer, which is district policy. He said he asked the principal what happened to the paperwork on Coots.

"I think she said they had sent it to his house and that he never complied," he said.

A Fort Worth Independent School District spokesman, who declined to appear on camera, said school officials should have followed up. He also added that Coots was never alone with children in classrooms and did not go on field trips.
That doesn't impress Young.
"I've seen him alone in hallways during school hours," he said. "To me that's alarming."

The district said Coots will still be allowed into the school, but only under escort and to see his own children.

There are no new criminal allegations against him and police say no laws were broken because sex offenders who complete parole are not prohibited from helping out at a school.

But Fort Worth ISD spokesman Clint Bond told News 8 that all principals are being notified about the mistake so they can double check their own procedures.

Young said he believes the district should have sent letters home to East Handley parents. Bond said that at this point, there has been no incident involving children that would require parent notification.

by JIM DOUGLAS
Posted on February 25, 2011 at 10:39 PM

The Rest @ WFAA TV

Monday, 11 April 2011

The Cynical Side of HR


39 Secrets Your HR Person Won’t Tell You

By Michelle Crouch 

1. “The No. 1 thing in job security is your relationship with your boss. Even if he says, ‘I’m sorry I really wanted to keep you, but they made me lay you off,’ that’s almost never true. He probably made that decision.” –Cynthia Shapiro, former human resource executive and author of “Corporate Confidential: 50 Secrets Your Company Doesn’t Want You to Know.

2. “If you’re accused of sexual harassment, even if you’re found to be not guilty, people will always look at you funny afterwards. It can kill your career.” –Laurie Ruettimann, HR consultant and speaker in Raleigh, N.C .


3. “Even in jobs where you test applicants and those with the top scores are supposed to get the job, I’ve seen hiring managers fix scores to get the people they like.” –HR representative in the manufacturing industry.


4. “If you have a question, come to my office. Don’t corner me in the bathroom.” –HR professional at a mid-sized firm in North Carolina


5. “Children and hobbies do not belong on a résumé. And never, ever say, ‘Now that my kids are in college, I’m ready to get back in the workforce.’ ” –HR professional at a mid-sized firm in North Carolina


6. “Someone might tell you to ‘Be yourself’ in the interview. Don’t be yourself. That’s the worst advice ever. We don’t want people who are neurotic and quirky and whatever else. All we care about is your skill and experience.” –Laurie Ruettimann, HR consultant and speaker in Raleigh, N.C.


7. “You’re right to be paranoid. The company is always watching you, and there’s a record of everything you do: every phone call, every text, every tweet and instant message. At most companies, they save that data forever.” –Laurie Ruettimann, HR consultant and speaker in Raleigh, N.C


8. “I was asked by one CEO to hire the long-legged girl with the long dark hair even though she didn’t have the right skills. Another time, I was instructed not to hire anyone with children because the company had too many people leaving for soccer games. That kind of thing happens all the time.” –Cynthia Shapiro


9. “I know many of you met your former spouse at the company. But the thing is, for every one of you, there are five people it doesn’t work out as well for. And your office romance can and will be held against you.” –Kris Dunn, chief human resources officer at Atlanta-based Kinetix who blogs at HRcapitalist.com.


10. “Many people think, ‘If I work extra hard, I’m going to get noticed.’ But it doesn’t work that way. If you want to advance, some of the responsibility falls on you to toot your own horn. Make sure your supervisor and your supervisor’s supervisor are well of aware of what you’re contributing.” –Michael Slade, HR director at Eric Mower and Associates, an integrated marketing communications agency.


11. “I know a lot more about you when you walk in the door than you realize. I’ll search for you on the web and often use my own personal network to do a pre-interview reference check.” –Senior HR Executive in New York City


12. “Generally speaking, you only put someone on paid leave if you’re pretty certain that they might be terminated from the company once you do your investigation.” –Kris Dunn 


13. “Never accept the job immediately. Say you need to think about it overnight. Once you sign on the dotted line there’s no room for negotiation.” –A human resources professional in New York City


14. “If you get fired, don’t just stomp out and go on with your life. The company may be willing to give you some severance, especially if you can point to someone different from you who didn’t get as severe a punishment. Just saying, ‘Well, I talked to my attorney’ (even if you don’t have an attorney) can also give you some leverage.’” –Suzanne Lucas, a former HR executive and the  “Evil HR lady” on bnet.com


15. “If we ask ‘What salary are you looking for?’ say you’re flexible, or say it depends on the responsibilities of the job. Try not to name a salary unless we really push you, because that gives us a leg up in the negotiating.” –A human resources professional in New York City


16. “I’ve always hated the big United Way drive at work.  Not because of the United Way.  Great organization.  Because of the smell of solicitation in the air, and because we are usually in the middle of it.” –Kris Dunn


17. “Companies do have black lists. It’s not written down anywhere but it’s a list of people they’d be happy to get rid of if the opportunity arises. If you feel invisible, if you’re getting bad assignments, if your boss is ignoring you, or if they move your office, you’re probably on it.” –Cynthia Shapiro


18. “I may say ‘I’m terminating you because you didn’t meet performance measures.’ I’m not going to say it’s because you’re a pain in the butt and piss people off every time you interact with them.’” –HR Manager at a healthcare facility


19. “I once had someone send me Forget-me-not seeds with their thank you note. Yes, thank me for taking the time, that’s great. But sending me seeds? That’s weird.” –Sharlyn Lauby, human resources consultant in Fort Lauderdale, Fla.


20. “Don’t lie about your salary. Ever. Even if your employer doesn’t tell us (and most do), we’ll find out eventually. I’ve terminated two people for doing that.” –A human resources professional in New York City


21. “One time a candidate sent – I love this – a thank you card with a professional picture of herself, which quite honestly became the running joke for weeks. The picture was blown up and posted in my office with hearts drawn around it.” –HR director at a financial services firm


22. “Don’t ever tell me that you have to have this job because you’re going to lose your house, your kids have nothing to eat, your mother has cancer. Companies aren’t a charity.” –Suzanne Lucas


23. “Networking does not mean using Facebook or Linked In. It means going to events, getting your face in front of people and setting up informational interviews.” –A human resources professional in New York City


24. “We get résumés on fancy schmantzy papers. We get them with gold-pressed lettering. We get them in binders and in document protectors with ribbons. None of that sways me.” –HR Manager in St. Cloud, Minnesota


25. “98 percent of the résumés we receive when we post a position on a big jobs site like hotjobs, monster or careerbuilder are junk, people who are nowhere near qualified. We’ll get a guy who’s a bar manager applying for a director of public affairs position. Or a shoe salesman. That’s why we like posting jobs on websites that target specific industries.” –Michael Slade, HR director at Eric Mower and Associates, an integrated marketing communications agency.


26. “Your job isn’t safe just because you’re pregnant or a new mom. Lots of people get pink slips while they’re on maternity leave. Companies can do it as part of a larger layoff, include you in there and create a justification for it.” –Cynthia Shapiro


27. “Some companies do everybody’s raises on their anniversary dates. I’m not a fan of that because if the budget comes out in January, those poor people hired in December get, ‘Oh sorry, we’d like to give you more but we gave a huge increase to Bob so you’re just going to get 2 percent.’” –Suzanne Lucas


28. “I don’t lay people off at the end of the day because I think it’s rotten to get a whole workday out of someone, then lay them off. I always lay them off in the morning.” –A human resources professional in New York City


29. “I had somebody list their prison time as a job. And an exotic dancer who called herself a ‘customer service representative.’ ” –Sharlyn Lauby, human resources consultant in Fort Lauderdale, Fla.


30. “It doesn’t take 40 hours a week to look for a job. So if you’re unemployed, do something: take classes, meet people, go to industry meetings, start a blog, read a book a week. Just don’t sit on the couch and eat Doritos.” –Ben Eubanks, HR professional in Alabama


31. “My Linked In profile is for myself, a way for me to find another job. It’s not a way to find a job with me.” –A human resources professional in New York City


32. “In interviews, everyone works well with others, and everyone learns quickly. Please tell me something else.” –HR manager in St. Cloud, Minn.
33. “I’ve seen managers not hire a woman because the environment is mostly male, and they’re worried that no matter how smart or talented she is, she won’t fit in.” –HR representative at a Fortune 500 financial services firm


34. “If it’s been a week or two and I tell you ‘I don’t have an update yet,’ that often means there’s a better candidate we’re talking to, but we can’t tell you that in case they decide not to take the job.” –Recruiting consultant Rich DeMatteo. Philadelphia, Pa.


35. “If you call to check on the status of your résumé  and I ask, ‘What job did you apply for?’’ If you don’t know, you’re done.” –HR professional at a mid-sized firm in North Carolina


36. “When we had someone go out on disability and we knew he was faking it, we didn’t want to go to court to prove it. So we put him on the end of the assembly line in a job where we knew he wouldn’t succeed. Eventually, we were able to fire him.” –HR pro at a mid-level staffing firm


37. “I have better things to do than deal with who slept with who, or who’s talking about you behind your back. Sometimes I feel like a high school guidance counselor.” –HR professional at a mid-sized firm in North Carolina


38. “Yes, I have access to everyone’s salary but I don’t look unless I have to. There’s nothing worse than having to reprimand someone, and then seeing they make $60,000 more than me.” –HR professional at a midsize firm in North Carolina


39. “Don’t stalk me.” –A human resources professional in New York City

The rest @ Career Midway


This is sometimes true, but not the norm in my HR experience. as an HR professional, you have a professional responsibility to educate a boss who is about to make a "career decision" with their instructions. Or maybe its time to find another place to work, a place with leaders with integrity.



Monday, 28 March 2011

I-9 Audits Doubled in 2010, New Federal Employment Compliance Inspection Center Opened

The Obama administration plans to intensify a crackdown on employers of illegal immigrants with the establishment of an audit office designed to bolster verification of company hiring records.

In an interview, John Morton, chief of U.S. Immigration and Customs Enforcement, a unit of the Department of Homeland Security, said the Employment Compliance Inspection Center would "address a need to conduct audits even of the largest employers with a very large number of employees." The office would be announced Thursday, he said.

.Mr. Morton said that the center would be staffed with specialists who will pore over the I-9 employee files collected from companies targeted for audits.

In the fiscal year that ended Sept. 30, 2010, ICE conducted audits of more than 2,740 companies, nearly twice as many as the previous year. The agency levied a record $7 million in civil fines on businesses that employed illegal workers.

Enforcement activity during the Bush administration focused on high-profile raids in which thousands of illegal immigrants were arrested and placed in deportation proceedings. Relatively few companies and their executives were prosecuted.

In contrast, the Obama administration has made employers the center of its immigration policy with "silent raids." Critics say the policy has penalized small employers while failing to target larger employers.

Mr. Morton said the new center would have the "express purpose" of providing support to regional immigration offices conducting large audits. "We wouldn't be limited by the size of a company," he said.

The audits, which have affected garment makers, fruit growers and meat packers, result in the firing of every illegal immigrant on a company's payroll. Companies say this has hurt them, especially as they can't attract American workers even during an economic downturn.

Last year, for example, Gebbers Farm, an agricultural concern in Brewster, Wash., dismissed an estimated 550 workers—about a quarter of the local population—after ICE told the company a number of its employees' hiring documents were suspect. The company declined to comment for this article.

Tom Roach, an immigration attorney in Pasco, Wash., said a client lost more than half of his workforce last year owing to an audit. "He had paid every nickel of taxes on them," he said. But the employees had presented social-security cards that the landscape company couldn't discern were fake, said Mr. Roach.

Small business owners, in particular, say they don't have the ability to police their workers. They also fear discrimination suits, as some companies have experienced, for demanding additional documents from workers whom they suspect are in the country illegally.

View Full Image

Associated Press

A U.S. immigration agent, second from left, led away three men during a search at a Poplar Bluff, Mo., restaurant last August.
.Angelo Paparelli, an immigration attorney in New York and southern California, said: "We need to take employers out of the business of performing government functions, like playing immigration police."

"Ultimately, it is in a company's best financial interest to proactively comply with the law now rather than to face potential fines or criminal prosecution for noncompliance in the future," an ICE spokeswoman said.

Mr. Morton said ICE was also seeking to expand a program enabling businesses to work with the federal government to ensure they are employing people authorized to work in the U.S. Called IMAGE, or ICE Mutual Agreement between Government and Employers, the voluntary program includes training and assessments to help a company guard against hiring illegal employees.

Mr. Morton will also announce Thursday that Tyson Foods, Inc., which employs 100,000 people and has fought immigration troubles in the past, has joined the program, agreeing to an audit of "a certain portion of existing records." The poultry processor, which says it has already taken steps to maintain a legal workforce, also agreed to establish an internal auditing process, Mr. Morton said.

Mr. Morton suggested Tyson could pave the way for other big companies to join the program. Tyson faced federal human-smuggling charges in a high-profile trial that resulted in acquittal in 2003.

"We...believe this partnership will enhance our ability to collaborate with government officials on immigration-related matters," said Tyson Chief Human Resources Officer Ken Kimbro.

"Tyson realized that employment of unauthorized workers posed a risk to their operations and stepped forward to manage that risk," says Mark Reed, a former immigration agent who runs Border Management Strategies, a consulting firm which has advised Tyson.

Since ICE initiated the IMAGE program in 2006, only 115 companies have signed on, with many reluctant to open their books to government scrutiny and to invest in training and new systems to bolster their employer-verification process, experts say.

About 11 million illegal immigrants live in the U.S., according to government estimates. Without them, experts say, such industries as construction, lodging and agriculture would be forced to radically change how they operate—sharply boosting costs for consumers or curtailing the services they provide.

Originally published 1/20/2011 By MIRIAM JORDAN

The Rest @ The Wall Street Journal



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Thursday, 3 March 2011

Checklist for Completing an I-9

Section 1: Employee Information and Verification

To be completed on the first day of work. Earlier is acceptable, but the form cannot be completed before the employee has been hired.


1.Give the employee a Form I-9 (including instructions). Ask him/her to complete Section 1 and bring an acceptable combination of documents to you no later than their third work day.

Note: Let the employee choose the documents! Never request specific documents.

2.Check that the employee has completed all fields:

■Name: The employee must use his/her legal name in correct order.

■Address, Date of Birth, Social Security Number.

■Citizenship Attestation

■A Lawful Permanent Resident must provide an 8- or 9-digit Alien Number.

■An Alien Authorized to Work must provide the date work authorization expires and an Alien number or an 11-digit Admission number from the Form I-94.

■Sign and Date: The form is not valid without a signature.

3.Preparer and/or Translator Certification: If someone other than the employee completed Section 1.

Section 2: Employer Review and Verification

To be completed no later than the employee’s third workday by an authorized representative of the hiring department. (Contact your supervisor or the HR Contact in your department to find out if you are authorized to sign this section.)

1.Accept the first valid document or combination of documents presented. Accept only originals and do not ask for or accept more than is required.

■Valid documentation is one of the following: One document from List A, or one from List B and one from List C

■Be sure the employee has signed the documents.

■Note that Foreign Passport with an I-94 Arrival/Departure Record requires an additional Work Authorization document, such as I-20 or DS-2019.

■Make a readable copy of each document.

2.Record each Document title, Issuing authority, Document number, and Expiration date (if applicable). Use the correct lines according to the key at the far left of the page. Be sure to use the correct column for List A, B, or C.

3.Enter the employment begin date (month/day/year). Use the current date, if you are completing the form before the employee's actual first day of work. Do not leave this space blank!

4.Sign and Date

■Only the person who viewed the original documents can complete this section.

■Address should include the name of the university department or unit.

Section 3: Updating and Reverification

Only use this section when the employee’s work authorization has changed or has a new expiration date.



Handling the Completed I-9

1. Keep a copy of the completed I-9 and all supporting documents for the employee file.
2. Original tracked per SOP


Troubleshooting

1.Employee name does not match the documents provided.

■The employee must use his/her legal name. If he/she is in the process of changing names, use the current name on the I-9 form and the employee record. Once the name has been changed, he/she can present proof at Payroll Services to update his/her employee record.

■If the employee presents a Social Security Card, the name on the Form I-9 must be the same as the name on the card.

2.The employee does not have a Social Security Number.

■A citizen of the U.S. must provide proof from the Social Security Administration that an application has been made. Complete Section 2 of the I-9 using the information on the letter, if the Social Security Card is a supporting document.

■For international employees, coordinate with International Student and Scholar Services and Payroll Services as needed. Refer to the Payroll Services Webpage “Social Security Numbers for Non-United States Citizens,” for instructions.

3.The employee has a “delay” letter saying he/she has applied for the document(s).

■Most official delay letters are acceptable. Use the information on the letter to complete the I-9 and send the form to HR as usual with a copy of the letter attached.

4.The I-9 Form is late.

■Do not backdate the form. Explain why the document is late on a separate sheet of paper. Sign and date it and attach it to the original I-9. Remind all involved that federal law requires this form to be complete no later than the third workday.

5.The employee does not provide acceptable documents by the third workday.

■Employment should not continue. Contact the Human Resource Service Center (HRSC) for assistance and referral. It may be necessary to work with HRS Employee Management Services to dismiss the employee.

6.The employee is dismissed, quits, or stops reporting to work before completing the I-9 process.

■Explain why the document is incomplete on a separate sheet of paper. Sign and date it and attach it to the original I-9.

■If the employee had not completed Section 1, write the employee’s name and EID at the top of a form I-9 and attach the explanation. Remind everyone involved that the I-9 process is a federal requirement and each new hire should complete Section 1 by the start of the first workday without exception.

Adapted from this original souurceUniversity of Texas



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Tuesday, 13 July 2010

ll Rules to Sell to Sell To Me

As recruiters and vendors heat up with the economy, so will the time I spend with Vendors. So I like these "rules of engagement" by Donato Diorio....


11 Rules to sell to Donato Diorio

1.     Get my name right. I can see how people mistake my first name for a last name, but it’s not brain surgery. It shows respect.

2.     Personalize. I will not respond to a mass emails. Period.

3.    Understand what my company (Broadlook) does. Can you believe that there is some idiot out there that keeps trying to sell me a list of recruiting firms? Talk about selling ice to an Eskimo.

4.   Show me that I am special. Customize your sales pitch for my company. Don’t use generalities. Research what my company does and ask me good questions. I don’t have a burning need to seek others approval, but if you take the time to tell me.

5.  Call and email. You will probably get voice mail, but I will listen to it. The email will give me your contact information if I like what I hear. Tell me you will also be sending me an email. Be articulate, gosh, I’m sorry, but if your accent is so heavy that I have to listen to your voice mail a few times to understand it, it will get deleted at the very beginning.

6.  In your voice mail, say your phone number two times. Give me a chance to write it down if I like what I hear. Don’t use a voice mail script. If you do, you are not at the level yet to successfully sell to me. Try again next year.

7.  Don’t use a negative sell. i.e. The economy is bad, and you can help. Bad for who? Do your homework.
8.  I’m an optimist. I love hanging up on pessimists. Realists welcome.

9.  Know your product inside out. If you can’t answer nearly all my questions, you should not be reaching out to me. Have you manager or top sales rep do it.

10.  Don’t call me if someone else at my company makes the decision. I don’t make the decisions on office supplies.

11.  Did I mention… get my name right?

The RestSell2me

Saturday, 10 July 2010

Seven Things Human Resources Wants to Know During Your Interviews

The Human Resources Interview is an early, if not your first contact with a company. keep in Mind HR can say no to you, though they cannot say yes by themselves. Therefore, don't overlook this part of the interview process. (Thanks Z). The objective for HR is to eliminate fakers, assess your reliability and fit for your prospective team and company. They also want to assess the risk of your committing organization-damaging behavior.

There are several things they want to know; Help them answer these questions without evasion, while demonstrating respect for them and your former organization, and you will do well.

1. Are your resume credentials and experience real or exaggerated?
This will be checked outside the interview.


2. Why did you leave your last job, or why are you seeking to leave your current company? Do you treat your previous company and colleagues with respect?


3. Is the company a stepping stone or rest stop in your career, or do you really want to find a home here? How long do you really intend to stay?

4. How would you interact with their company's culture? Is your humor appropriate? Do you listen Well? (etc)

5. What is your potential for long term employment and development within the company? Do you want to make a contribution to the company, you want to work hard and grow in the company, or simply rent your time by the hour?

6. Are you going to be happy with the money they can pay you now, and is their room to grow in the future? IF you must have the top pay in a given range, you may not get a raise for a couple of years. This makes for an unhappy employee in the future.

7. Are you here to serve and make others around you better, or are you there to be served, and use the others around you to enhance your own objectives?

Keep in Mind, two key Human Resources roles are risk management and to be the keepers of the company culture. treat them and their roles seriously, with respect, and not just a gate keeper, and you will do well.


Lee Royal

Hiring Military On Twitter

Saturday, 6 March 2010

Niassan America Gos to Shared HR Model

SSON spoke to Dwain Stevens, Sr Manager of HR operations, Nissan North America, about their North American HR Shared Services strategy and how HR Technology played a pivotal role in cutting costs and adding value.

SSON: I would like to start by asking you to explain Nissan North America’s HR shared services strategy.

Dwain Stevens: Our strategy was not just to develop HR shared services, it was to transform human resources throughout the entire company, to add more to the business. As part of that transformation strategy, one of the end products was to develop shared services, and the strategy for the shared services was to basically standardize all the HR practices as much as possible throughout the company, as well as remove any administrative, transactional-type tasks from the HR personnel within the different locations.

How have you leveraged technology to transform HR and effectively lower costs?

In the past we didn’t have an effective way to share information with all employees that was HR-centric. We had an employee intranet, but because of the way that it was technically designed, all the employees didn’t have access to it, just certain employees. So we needed technology, a dynamic employee portal, where we could put all kinds of HR-related information, and make it available to employees 24/7. That way, when people have a question, they can look for the answer themselves via any computer—and most of our employees do have computers, whether at work or at home. What’s more, if people needed to make some sort of change that was HR or benefits-related related, they could go online, make those changes themselves and not have to wait for someone in HR to fill out the forms, enter that data, make that change and then see the change take effect later on. Online access has improved everybody’s lives—helping employees obtain the information faster, because of the transactions being faster. It has also eliminated a lot of duplicate entry and non-value-added tasks from HR.

But you moved to a different technology platform, and what was the business case for doing that?

The business case was to save money in a much more efficient and effective way. We carried out an analysis to find out how a portal could help us do that or how can a shared services center could do that. And we ran the numbers, and believed—and have confirmed—that it did make us more effective and much more efficient.

What technology requirements did you choose, and why did you choose them?

Our technology requirements were an employee portal that was available 24/7, and was available to 100 percent of our employees. We wanted single sign-on capabilities, and we wanted it to be HR-centric—in other words, we didn’t want generic or standard service center portal or call tracking technology. We wanted an integrated solution—not two separate solutions that we would have to integrate ourselves. And, again, single sign-on capabilities, which then directly tie to our HRMS system—those were the primary requirements. After extensive research, including lots of analysis, and lots of demos, we chose the Enwisen AnswerSource HR Service Delivery suite, because it met our technology requirements, and it was a great value.

Fantastic, and what were the challenges in moving to the new platform and integrating the new system?

The main challenge that any organization faces is change. Since we were basically transforming human resources, we were going to change the way in which HR services were delivered throughout the entire company. It affected employees, the managers and especially the HR people. We found that communicating what we were doing, and when and how, and doing it in a way that encouraged the employees to believe that it was going to be better for the entire company worked best. That was one of the major changes, because if you think about it, we were going to change their jobs, what they did, where they did it and the technology that they used. We basically upset their entire world. And then from the employees’ perspective, they were used to seeing HR people, more HR people in the facility answering their questions, instead of looking for information on their own. So, through the technology we encouraged employees to do more for themselves. That was a big challenge. Many people, including myself, like somebody to their my hand.

Do you think you’ve mastered that now and has it been really accepted at ground level?

I think that it has definitely been accepted, because I would say that while they don’t have any choice but they still have the HR people in the affiliates. But what HR people are doing in the plants is very different to what they were doing before. And it is still accepted because our call volume is still steady, and at times it grows. When we have HR initiatives, we do a very good job of communicating what those initiatives are—it could be a simple benefits change, it could be a massive benefits change, and it could be communications from the CEO. So when we communicate to the employees, they will call the service center. The service center has become a hub for many different types of initiatives when the employees have questions. After the initial communication goes out, they direct the calls to the service center, for those kinds of things, as long as they are routine, and it has become much more accepted.

What do you think are the major benefits of moving to the new platform, as well as integrating a multi-tier approach?

The major benefits affect different groups of people differently. From an employee’s perspective, because we have a HR portal, a lot of HR-related information—for example, policies, even cafeteria menus—directly links into their pay system. They can see their pay slips to vendors, can find all kinds of information, such as what do they do when they have a baby, get married or just life events. With that technology, it encourages people to help themselves. People want information when they want it, and don’t want to have to wait for somebody else to provide it, so it improves their quality of life.

Then when it comes to transactions, there’s less paper to fill out. For example, they don’t have to fill out the piece of paper with the change form—they do it online. So the problems of the form getting lost, or delays when somebody receives it to when somebody enters that information, are gone. It speeds up the transactional process, from the employee’s perspective.

From HR perspective, since we removed that administrative/transactional stage from some of the HR people, we’re able to focus on different types of work. We have a group of people at the HR service center that focus on the administration as well as the transactional side, but we also partner in the service center with other groups of people, like the business affiliates, when they have a major change. We are their partners in the administering the change and we are partners with expertise when it comes to the conversation of benefits. Because we have data information, we know what the employees’ questions are and we partner with them to share information to say, "here is what they like, here is what they don’t like," and they’re better able to come up with a better benefits change. And then from the business perspective, because we have become much more efficient, much more effective, we have saved money, and saved time. So, everybody wins: the employee, HR and the business.

How much you have saved since integrating the system? Or can you put a percentage on it?

I think the amount of money that we saved would be confidential, but let me say this: When we did the analysis of HR, we were in the bottom quartile of expenditures. That means we were spending more money than our peers. Since we have instituted the HR transformation, we are now in the top quartile, spending the least amount of money compared with our peers.

How long did it take you to achieve that?

The overall transformation, if you think about it from start to finish, was probably a couple of years—maybe two to three years—but the transformation to the HR service center, which really saved the most money, was probably a year and a half from start to finish. If you look at total analysis from implementation, of the technology change, and the launch the service center that was about three to three and a half months. We did a few months prep work before that.

What were some of your key performance indicators for measuring success? You have just explained cost-savings, but how are you tracking key performance indicators and how are you meeting them?

Our primary KPIs are call-center related, and then service-related. For example, how quickly we answer the phones—that’s one KPI. The other KPI is to make sure that people don’t abandon the call. So the first KPI is service levels; the second KPI is abandonment rate. And then the other key measure is first contact resolution, which is an indication of customer service. On all those three primary KPIs, we are at or above the world-class measures.

How many CSRs do you have serving your population of 12,000 employees?

How we are structured may be different to others, because of what tasks that we’re responsible for. We basically have three groups of people, and we follow the traditional tier terminology that many HR call centers use, or any kind of call center really does. Tier Zero is our HR knowledgebase portal technology; Tier One is the HR service center staff directly answering the phones from employees. For us, Tier Two is our benefits administrators, and then we have our COEs, which is Tier Three. For Tier One we have eight people for 12,000 employees and we have two people on nights; and although we might not get any calls at night we currently do it for employee relations.

We are a non-union company, and want to maintain that, so we struck a balance between holding people’s hands and being available for people—that’s why we have the people at night. I would say this about having a HR centralized service center: some people would say, ‘well, you took a HR person away from us in the plant.’ But what we really did, instead of one person being taken away from the plant, we added eight people available to you, basically 21 hours a day, five days a week. By adding eight customer service reps, we have more people available to take your calls, so that improves customer service for employees.

Your self-service platform has obviously been quite effective, because if you can reduce it to eight people responding to 12,000 employees, would you agree with that?

Yes, I do, but it is hard to quantify how many people get their questions answered from the technology. We know how many people access the technology, but we don’t know how many people get their questions answered by it. We do know, because of the technology dashboards, that the portal does get a lot of use. When people call the service center, typically their questions are more complicated than just simple information, so that the length of calls is longer. That’s OK with us; that’s why we’re here, to answer those complex calls. I will also say that our Tier One people on the phones do other things besides answer calls, because call volume is unpredictable, and there are times when call volume is low. So we have taken administrative tasks that can be done in between calls, or we can take somebody off the phone to give them the time to do these administrative tasks. By taking on administrative tasks at Tier One, and it removes work from other higher, more expensive Tier Two and Three staff. And we have also centralized some of those tasks that used to be done by the local nationwide affiliates. So we are able to better utilize our resources.

Are there any other metrics that you could share from the 'Win' HR project?

Our service levels are in the mid 80s, so that means that we’re answering 84-85 percent of the calls within 60 seconds or less. Then our average talk time is four and a half to five minutes. Our first contact resolution rate is not as high as I would like, but there is a factor in there that is beyond our control. Our first contact resolution rate is when the rep is able to answer the first question at the first call: and that’s in the low to mid eighties, anywhere between 82-84 percent typically, sometimes higher. The reason it is not higher, is that we have partnered with other groups that don’t fall within the HR umbrella. For example, payroll does not fall under the HR umbrella, neither does a group of people called lease car, a benefit that we give our employees. Because we don’t have total access to the information that those groups do, and we’re the center point of contact, employees who call us with payroll-related questions, or their lease car questions require more time to research. And we’re able to answer those questions anywhere between 60-70 percent of the time, first contact resolution. But that brings the overall score lower. If we took out lease car, and if we took out payroll, our first contact resolution would be over the mid 90s.

What other areas of HR do you see being transformed in the next two to three years?

From the service center perspective, even from day one after we launched—we went live in September within three to four months—we started an initiative to change the way we provide health coverage. Instead of the traditional PPO plan, we went to a consumer-driven health plan, which is major change for how healthcare is delivered. Within 12 months the entire company was on this new CDHP health plan. Now that amount of work took a tremendous amount of time—not just from our CEO, but from the service center, too, and we were able to do that within a year. And this was with a newly launched service center with new people and newly launched responsibilities and, we did that very effectively.

So we have found ways to constantly standardize our processes, consolidate our policies, automate our processes, and streamline things—in other words, more ways of doing more with less. A good example for this is when we launched this new CDHP plan. When it came time for people to enroll—it was a mandatory enrolment for 13,000 employees at that time—and we were looking at how we were going to take the call volume, with eight reps, we considered hiring more reps and even outsourcing the Tier One calls. It was estimated that we needed 70 people to take all the calls based on our population and the type of plan that was changing. Nissan is very frugal, that is part of our culture and we are very aggressive on cost, too. So, we literally hired 24 people ourselves, trained them, gave them some intensive training on the new technology as well as the new plans, and then with the right tools, the right training and the right time, they were able to take the new call volume with the new CDHP enrolment. And our service levels, even though our call volume went up six times the average of the norm, our service levels were in the mid 90s, with only 24 additional people, which is a testimony to our people, as well as on how we did the training and how we partnered with our contractors but also a testimony to the technology that we used.

The automobile industry was very affected through the recession. Have you seen any "green shoots" of recovery?

Yes, HR really led the way in the re-engineering the efforts; it started a couple of years ago. The company has found ways of restructuring itself without affecting too many people. We hardly had any layoffs, we had people that volunteered to leave, and they were incentivized to do so—because we were very aggressive in our re-engineering efforts, and our cost cutting. Again, this is without massive forced layoffs, so it put us in a position to save money. So we were able to turn around a profit. I think we lost it one quarter, and then we turned it around the following quarter. So it couldn’t have happened without that aggressive re-engineering, not just within HR but from the other parts of the organization. In fact, our market share had gone up during this recession, while others have lost it. This is without any government bail outs

The Rest @ Human Resources IQ

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Lee Royal
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The Role of HR Generalist in a Small Company

Most of the smaller organizations or businesses have a position known as human resources generalist. Actually, it is not possible for these small companies to afford many human resources positions. In such organizations human resources managers do not have any human resources assistants that could assist them in their tasks.
Human resources generalist should have knowledge about all the tasks related to human resources in an organization so that he need not depend on any type of employees required for the job.
It is very important that the executives ensure that the human resources generalist that they are hiring has adequate knowledge about all the requirements of the organization. Along with being an expert in understanding the functioning of the operations and works of the business, he or she should be competent to handle all types of mediation, written, oral, organizations and interpersonal skills.
There is no one is the organization on whom the human resources generalist can delegate his duty, therefore he or she should be capable of multi-tasking. A human resources generalist should have quick learning ability as every business has specific requirements that need to be met.
A human resources generalist need to have more qualification or education than any human resource coordinator or assistants to handle various areas of work and the diverse task list. A bachelor’s degree in diverse fields of study would be an added advantage.
Human resources generalist need to understand the running of the business and the way to communicate with everyone at any level in the organization. This is very important to carry on with the tasks of human resources generalist.
Although most of the human resources generalist have good knowledge of computers and administration but a qualified generalist have an added edge over the others. To carry out tasks of clerical duties you need to have good understanding of computers programs. You would also require a good level of organization to handle all the tasks easily.
Although the limitation of requirement of human resources generalist in smaller companies limit the job prospects. Moreover, there may not be good scope for promotion to management at senior management positions and human resources department due to the limited size of business. But this is the best way to gain some experience in the field of human resources.
Once you gain some experience, you can easily step up the ladder and join some larger corporation for better management positions. In cases where you need to have some knowledge and experience to apply for a job, your this past experience of being an assistant or coordinator would be very beneficial for you. They would consider you as an individual who is experienced and is seeking for job change to work on more advanced platform and is ready to take more responsibilities.

The Rest @ Tweet My Blog

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Lee Royal
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Sunday, 21 February 2010

Do Applicant Tracking Systems Really Help Humans?

Human Resources is a lovely discipline occupied by thousands of wonderfully insightful intelligent people. Formally, the field is referred to as Industrial/Organizational Psychology (or the name on your degree). The science behind Human Resources aims to make organizations more productive while ensuring productive and healthy lives for its workers. Translation: workers happy, company thrives. They even used to call it PERSONnel!

But then the HR folks wanted a part of the technological revolution and they upgraded themselves in a big way. A marriage formed between HR + IT and it formed a whole new world (HRIS). But somehow the technology tornado swept through and sucked the Human out of Human Resources.

The HR departments are no longer filled with “people people.” Instead, the pressure to keep up with the Technology Jonses has forced traditional HR folks into bits and bytes decoders.

Back in the day … and by back in the day, I mean back in the day when I first graduated college (1996), I was still thinking about the quality of paper upon which I printed my resume. I wore a navy suit with pantyhose and pumps. I carried a leather portfolio and sent a handwritten thank you note.
Today our job hunt begins and ends with the computer; it is our porthole into the market. We log on to let the world know that we’re looking. We have to be our own email marketers and drive our own viral campaigns. We network online, we apply online, we click to send our saved resumes and the upload yet another cover letter. We always email to follow up. We summarize decades of experience with a maximum number of characters and we send it out into the online abyss.

I worked at a recruitment advertising agency for 7 years so you figure I’d be able to navigate some sort of back end armed with the inside scoop. Wrong. Turns out I don’t have the formula any more than anyone else does.

Most large companies have applicant tracking systems (ATS), which are databases designed to hold and process the millions of resumes. When you are applying to a job online or via email, your resume is automatically going into this database. Often you may be applying to a position that isn’t even available; the company just wants to build a “pipeline” of candidates.

When the company is ready to hire someone, the first order of business is to have the HR folks search through this ATS. The hiring manager provides the HR person with cryptic keywords and then they go into the massive database, laden with millions of our career histories and conducts a keyword search. Code given, code entered, resumes served.

If you know the correct code that will yield your resume, hurray for you. The rest of us better figure out the code. The current economy means companies can get the best bang for their buck; employees come cheap. It’s the simple principle of supply and demand.

When I worked for the recruitment advertising agency, my clients often wanted me to advertise hard-to-fill jobs on very obscure Websites. One client was seeking a highly specialized nurse. The position was so distinct – there was only 18 known practitioners in the country. I thought a better approach would be to call the 18 nurses and give them a personal pitch. The client preferred to psychologically guess which Websites they might be visiting. In this instance, technology brainwashed (and trumped) the human.

The online job-hunting marketplace has gotten so overwhelming, they created a search engine to further simplify the process. Or so you think. These one-stop shops (like Indeed and Simply Hired) let you enter a title and a location and voila – jobs at a click. But how many of these jobs are legit?

It’s often the same job on different sites. The job boards have gotten very nepotistic and have created relationships and partnerships all over the place. When a company advertises on one site, they get a dozen others as a bonus. What this means for a job hunter is same job, different www.

Oh the online forms! Some of the big sites like Monster and CareerBuilder let you store your resume and apply to jobs with a click. Many of the large companies mandate you fill out their own profiles on their company’s career page. Fun!

You cruise around the Fortune 500 Online world filling out forms ad nauseam. Hours of virtual paperwork to earn some space on a database. You spend countless clicks inputting your life into online boxes. You indicate your gender, your nationality, if you’re a veteran. Have you ever been convicted of a crime? Have you ever worked here before? Sometimes the experience will lend itself to a little “pre-screen” interaction where they give you a series of questions and you click off some buttons answering what they want to see.

You customize a cover letter with their words.

I feel ahead of the game. The older generation is at a disadvantage in this technologically dominated new job-hunting universe. It is not enough to maintain expertise in your profession of choice; you also have to be proficient in navigating the Web 2.0 and Social Media world. Without it, you might not stand a fighting chance.

But for the thousands of those currently unemployed, they should use the technology rather than compete with the technology. Candidates have to be louder than the technology. They have to integrate a little human back into the mix.

If you find yourself enthralled in a slightly older school of job hunting, you may find yourself busting out the suit, pumps and folios and doing the headhunter dance. That scenario usually plays itself out like so:
You find a job online and apply for it, often unknowing that you’re really applying to a headhunter. Said headhunter will call you and ask you a series of questions and then hopefully deem you worthy of an in-person interview.

When you come in for your in-person, you use your tiniest handwriting to fill out a 10-page archaic paper application. This is the exact same content you filled in when you sent in the “application” online. You wait to be called and then get escorted into a cubicle conference room. There you make small talk and answer the same questions the headhunter asked you over the phone. This time they write it down. They put it in a file with your name on it. They tell you all about their unparalleled opportunities. They direct you to complete the online application at home. The say they’ll be in touch. Sometimes they are.

… And that’s what happens when you add the human element.

The Rest @ Hearts Everywhere


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Lee Royal

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Friday, 5 February 2010

Culture and Perfmance Management Instrument Must Match

Human Resources: Holistic measurement http://bit.ly/ckYGC0

Saturday, 23 January 2010

Can Facebook be used for Hiring Decisions?

Social media permeate the employment life cycle
Employers must address their use and misuse before, during and after an employee's tenure.
Renee M. Jackson

January 11, 2010

Social media are any type of Internet-based media created through social interaction in which ­individuals primarily produce, rather than consume, the content. In the workplace, the prevalent social media are video-sharing Web sites (YouTube), social ­networking Web sites (Facebook, MySpace, LinkedIn, Twitter), online multiuser virtual worlds (Second Life, World of War­craft) and personal or corporate blogs.

The increased use of social media in the workplace, by employees and employers alike, presents both opportunities and risks for employers because social media now permeate the entire life cycle of employment: during pre-employment inquiries, throughout the period of employment and after separation from employment. Employers must consider and address the use and misuse of social media at each stage.

Employers can now access more information about applicants through social media than was previously available through traditional hiring practices.

On Dec. 9, 2009, a privacy policy change affecting all 350 million Facebook users made each Facebook user's name, profile picture, current city, gender, networks, list of friends and list of "pages" publicly viewable by other Facebook users and also set some users' photo albums to public.

Only through obscure privacy settings can Facebook users affirmatively make some, but not all, of this information private.

Through standard disclosures such as these, or through voluntary disclosure of other personal information such as commentary and photos, applicants may reveal more information about themselves through social media than they normally would during the hiring process.

  •  In making hiring decisions, employers can lawfully use information relating to an applicant's illegal drug use, poor work ethic, poor writing or communications skills, feelings about previous employers and racist or other discriminatory tendencies.
  • Employers may also lawfully consider an applicant's general poor judgment in maintenance of his or her public online persona.
  • Employers, however, may face liability under federal, state and local law for using any information learned from social media about an applicant's protected class status — race, age, disability, religion, sexual orientation, etc. — in a hiring decision.
  • It may be hard for the employer to prove in later litigation that it only viewed, but didn't actually use, the information obtained in a social medium when making its hiring decision.

Employers should consider whether the benefits of using social media to screen applicants outweigh the risks. If an employer wants to supplement traditional hiring practices with a social media search, the employer should consider the following approaches.

  • Employers should screen applicants in a uniform manner by creating a list of the social media they will search for each applicant and the lawful information about each applicant desired from the social media search.
  • If all applicants cannot be screened using the lawful criteria because an employer does not have the time, resources or inclination to do so, employers must be consistent, objective and nondiscriminatory in selecting subsets of applicants to screen.

• Employers should have a neutral party, such as an employee in a nondecision-making role, conduct the social media search, filtering out any protected class information about the applicant and reporting only information that may lawfully be considered in making the hiring decision.

• Employers' representatives should not "friend" applicants in order to gain access to their nonpublic social networking profiles.

• Employers must be able to point to a legitimate, nondiscriminatory reason for the hiring decision, with documentation to support the decision.

• Employers that are considering making an employment decision based on information found in social media should consult with counsel prior to doing so.

DURING EMPLOYMENT

Employee use of social media can result in external business generation and internal creation of a collegial atmosphere through less formal interaction and shared experiences between co-workers. On the other hand, employee use of social media can create awkward and potentially harassing situations when such use turns inappropriate.

For example, when a supervisor wants to be a subordinate's friend on a social networking site, it can create awkwardness between the supervisor and subordinate. If the subordinate accepts the invitation, the supervisor can access the subordinate's potentially inappropriate or revealing nonpublic profile.

If the subordinate doesn't accept the invitation, he or she may be concerned that his or her employment opportunities may suffer or that the supervisor will be offended. In more extreme cases, misuse of such sites can give rise to claims of co-worker or supervisor sexual harassment or hostile work environment.

The most obvious hazard regarding the use of social media during employment is internal to the organization: Employees may spend so much time using social media during working hours that productivity decreases.

However, the biggest risk of social media in the workplace is external employee misuse: Employees can easily make unauthorized disclosures of confidential company information, such as trade secrets, proprietary information and personnel matters. Employees can easily disparage the company or its customers in a way that leads to corporate embarrassment, public relations problems or damage to the employer's brand or image.

To address these risks, employers must first consider the proper level of encouragement of social media use in the workplace.

For some industries or positions, the use of social media might be appropriate for business development. For others, an outright ban may be appropriate because the work force has no business reason to use social media at work or while using the company networks, facilities or equipment.

At a minimum, employers must insert broad language encompassing social media into existing information technology, code of conduct, harassment and confidentiality policies. Employers should consider adding the following features, if appropriate, to such policies:

• A clear statement that misuse of social media can be ground for discipline, up to and including termination.
• A prohibition on disclosure of the employer's confidential, trade secret or proprietary information.
• A request that employees keep company logos or trademarks off their blogs and profiles and not mention the company in commentary, unless for business purposes.
• An instruction that employees not post or blog during business hours, unless for business purposes.
• A request that employees bring work-related complaints to human resources before blogging or posting about such complaints.
• A prohibition on using company e-mail addresses to register for social media sites.
• A prohibition on posting false information about the company or its employees, customers or affiliates.
• A general instruction that employees use good judgment and take personal and professional responsibility for what they publish online.
• A demand that all employees with personal blogs that identify their employer include a disclaimer that the views expressed on the blog are those of the individual and not the employer.

All supervisors and human ­resources professionals must be trained in the appropriate use of social media and how to consistently enforce the employer's social media policies. Any policy addressing social media during employment must use broad language and be updated frequently because social media will change quickly over time. Employers should consider incorporating language specifically referencing social media into the confidentiality provisions of separation agreements.

THE RECOMMENDATION DILEMMA

Even post-employment, social media creep into the relationship between the employer and the former employee. Supervisors and co-workers are increasingly asked to "recommend" former employees on LinkedIn after separation from employment. This "recommend" feature allows people in a professional network to write positive professional reviews about other people in their network, which will be visible on the former employee's LinkedIn page.

A positive recommendation on a person's LinkedIn page is the same as an employment reference, and should uniformly be treated as such under the employer's post-employment reference policy. Employers could also consider adding to their post-employment reference policy a prohibition on managers from "recommending" or commenting on the job performance of former employees via social media without prior specific authorization from the human resources department.

The takeaway message regarding social media in the workplace is that employers can no longer ignore the risks. Employers must be cautious in addressing these emerging workplace issues, even though employment-related litigation over social media is in its infancy. First, employers must understand the myriad issues surrounding social media in the workplace in order to strike the appropriate balance in the eyes of their employees and the law. Then, employers must craft appropriate policies and procedures regarding social media that are consistent with their industry and firm culture, and apply such policies in a consistent, objective and nondiscriminatory way.

Renee M. Jackson is an associate in the Boston office of Nixon Peabody and a member of the firm's labor and employment practice group.

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Lee Royal

Tuesday, 19 January 2010

Saturday, 16 January 2010

What do I do if My Non-Compete Agreement Has Been Broken?

About once a month I get a call from an attorney or a client asking me to get my scorched earth battle gear on because they want to go after an employee/former employee who is competing against them in business after having signed a non-compete agreement.

Sometimes, their stories are compelling and the facts are clear that action must be taken. Sometimes, however, the battle is one of principle that, ultimately, will cost the business owner more in heartache, time away from their own business, and legal warfare fees than the fight is worth.

Whenever the situation is such that the fight is one of pride and principle rather than of solid legal merit, I point my client or colleague to Jay Shepherd’s (Shepherd Law Group) excellent blog post “Eight Ways to Lose a Non-Compete Case.”

His bottom line advice: If you’re truly wearing the white hat (i.e., are the “good guy”), and your agreement is narrowly drafted, and your secrets or customer relationships are indeed in imminent peril, then you’ve got a fighting chance of winning. Otherwise, wave goodbye to the former employee and get back to work.


The Rest by  Mary Ann Hisel    @ Texas HR Law

The 8 ways to lose a noncompete are:
  1. Put your faith in the language of the noncompete agreement.
  2. Try to enforce against any old employee.
  3. Make sure the noncompete is broadly drafted.
  4. Focus [only]on geography, duration, and scope.
  5. Wait a while to file.
  6. Ask for the injunction before you've developed enough evidence.
  7. Don't worry about which state to file in.
  8. Focus on the law instead of on the story.
Details.... from Jay Shepheard

Lee Royal


EFAST2 Goes Live 1/1/2010

When Congress passed the Pension Protection Act of 2006 (PPA), it enacted several provisions that affect your Form 5500 filing. The first provision requires that you file Form 5500 electronically, thereby eliminating the expensive paper processing system currently in use by the government.

The second important provision of the PPA relating to reporting and disclosure is the creation of an electronic public disclosure “room” on the Department of Labor’s (DOL) web site. Both of these provisions apply to just about every Form 5500 filing made after December 31, 2009.

Meet EFAST2

The new fully electronic processing system is known as EFAST2 and is scheduled to go live on January 1, 2010. Electronic filing applies to all Form 5500 reports filed for plan years beginning on or after January 1, 2009, except Form 5500-EZ which will be filed directly with the IRS on paper. In addition, any amended or late filings submitted after December 31, 2009 must be filed electronically using the new system.

Three Components
EFAST2 has three components:

  • I-REG, the Internet registration system, used to apply for credentials to, among other things, sign Form 5500 on behalf of the plan sponsor, the plan administrator or both;

  • I-FILE, the Internet filing system, which provides the ability to go online to create, edit and submit filings for a valid form year and plan year; and

  • I-FAS, the Internet filing acceptance system, which is the function that actually processes the transmitted filing.

Internet Registration System (I-REG)
I-REG is the first stop for anyone wanting to interact with the new EFAST2 system. Each person will need an Internet connection and an email address to sign up for credentials via the I-REG program. There’s more about establishing your electronic credentials below.

Internet Filing System (I-FILE)
I-FILE is a free, limited-function, web-based application that provides the ability to create, edit and submit filings for a valid form and plan year. The I-FILE application includes validation, authentication and specific edit tests/checks to make sure the filing is complete before it is submitted. While most third-party preparers will opt to use software created by an EFAST2-approved vendor, a plan sponsor may find the application useful for preparing filings for welfare plans or small retirement plans.

Internet Filing Acceptance System (I-FAS)
I-FAS, as previously noted, actually processes the filings as they are electronically submitted. The most important feature of I-FAS is that it establishes the “filing status” of the transmitted filing. The possible filing status messages are:

Filing Unprocessable: Generally indicates that the EFAST2 system could not open the file that was transmitted. In this case, the filing is not treated as filed.
Processing Stopped: Indicates that the file could be read but that critical errors were detected. The filer should plan to file an amended return to perfect the data. The filing is treated as “filed” for purposes of the “timely filing” rules.

Filing Error: Indicates the file contains errors that are less onerous than indicated by a Processing Stopped filing status; however, the filer should plan to file an amended return to perfect the data. As with the Processing Stopped filing status, the Filing Error status message is treated as “filed.”

Filing Received: The optimal filing status message inasmuch as it indicates to the filer that the filing appears to be complete. Of course, the DOL or IRS may later request additional information; however, the filing is treated as complete until and unless there is further notification from the agencies.

Who Needs Credentials?
The person(s) who signs the face of the Form 5500 on behalf of either the plan sponsor or the plan administrator (or both) must apply for “signer” credentials using the I-REG system. Plan sponsors will receive a postcard from the DOL, probably in January 2010, inviting them to apply for their credentials. There are several important rules about these electronic credentials:

Only one set of credentials will be issued for each email address. Signer credentials permit the user to sign as the plan sponsor, the plan administrator or both. If, for some reason, a person wants multiple credentials, he or she must use distinct email addresses to apply for such separate credentials.

An individual may apply for credentials as a filing author, filing signer, schedule author, transmitter or third party software vendor. Typically, persons who sign Form 5500 will require only the filing signer credentials because they will rely on their service providers to actually author and transmit the filing.

The credentials belong to the individual, not the business for which he or she works. Think of the credentials in the same way you think of an individual’s social security number—the social security number always follows the individual, no matter where or whether he or she is employed. For this reason, individuals who have signer credentials will want to update their profiles whenever their email addresses change so that any notification from DOL is delivered to them in a timely fashion.

The majority of I-REG applicants will be seeking signer credentials only. The individual applying for credentials will log in to I-REG at www.efast.dol.gov to register for his or her credentials. There will be a series of input screens for the person to act upon, culminating in the assignment of specific electronic credentials, comprised of a User ID and PIN.

Form 5500 preparers may apply for author and/or transmitter credentials in a similar fashion, although the need for such credentials will be driven by which EFAST2-approved third-party software vendor is selected.

Where Do I Sign?
While the new system is referred to as a paperless system, that is only on the part of the government. Plan sponsors must maintain a fully executed (wet signature) copy of the Form 5500 with all schedules and attachments. If the filing is for a defined benefit plan, the wet signature copy of the actuarial schedule, Schedule SB or MB, must be part of the plan’s permanent records as well.

The instructions for the 2009 Form 5500 indicate that the filer may store the plan’s copy electronically, so long as the electronic copy captures the handwritten signatures.

The electronic “signing ceremony,” as it is dubbed, will be a new process for plan sponsors next year. Depending on the software used by your service provider, you will receive a notification (most likely by email) inviting you to link to the provider’s software. There, you will be presented with a series of screens to act upon, thereby executing the signing ceremony. By inserting your User ID and PIN, you will have effectively signed the filing electronically.

The plan sponsor will no longer ship a paper filing off to Lawrence, Kansas. Instead, in many cases, the service provider will transmit the electronically signed filing and provide the plan sponsor a copy of the filing status report for its records. The filing status, as described earlier, is proof that the filing was processable and verifies the date and time of receipt by the EFAST2 system of the electronic filing.

Electronic Public Disclosure Room
The DOL has long maintained a Public Disclosure Room that holds all of the Form 5500 filings ever filed by any plan; however, access to data is available only by phone or by making a written request. Beginning with the 2009 Form 5500, the DOL will be building an electronic public disclosure function on its web site.

Only the filings processed by the EFAST2 system will appear on this database and information also will continue to be accessible through the old Public Disclosure Room. The DOL expects to post filings to the new site within 24 hours of receipt by the EFAST2 system.

What Do I Need To Do?
Fortunately, your service provider will be able to manage much of the transition to the electronic filing system for you. Software providers are still working out the details of their solutions so that everyone is ready for the January 1, 2010 go-live date. Watch for specific instructions from DOL and your service provider so that you are ready to make the jump to electronic filing.

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