SHRM-Atlanta

Every spring, many look forward to The Masters golf tournament in Augusta, Georgia.  Who is your pick to win this year?  I’ll bet many of you are picking Phil Mickelson or Tiger Woods.  Why are these names coming to mind?  The reason is that they have won it before…MULTIPLE times.

“A pattern of past behavior is the best predictor of future behavior.”  This is the underlying principle behind behavioral interviewing.  This is one principle behind our guess as to who might win the Masters this year.

At the SHRM-Atlanta Conference during the Behavioral Interviewing concurrent session, we’ll discover how this principle comes into play in the hiring process.

When a company seeks to fill a vacant role, the job description is created.  To facilitate behavioral interviewing, job competencies are also defined for the role.  As candidates are interviewed, competency/behavioral based questions are used to assess the candidates past with the aim of trying to predict how they will perform if hired.

Let’s take an example.  Assume your company is hiring to fill a supervisory position.  So, one competency that will be needed is management.  In the interview for this role, one might ask, “Give me an example of a situation when two subordinates weren’t getting along.”  The interviewee will give the overview of a real-life situation from the past. Then, once we understand the situation, we’ll ask, “What did you do?”  This is the “RESPONSE”.  The interviewee might share that they got the two subordinates together and discussed it, or maybe they ignored the situation, or maybe they fired them both.  There are certainly many different management approaches to this situation.  Finally, we ask, “What was the outcome?”  From this, we learn what ultimately happened.

This line of questioning gives us the PROBLEM, RESPONSE, and OUTCOME of a situation that the candidate might be faced with in the role we’re hiring for.  Ultimately, we look at the RESPONSE and see if this behavior is in line with the company culture and the needs of the open position.

Behavioral Interviewing is used by most large companies and continues to evolve as an effective technique to assess a candidate’s potential fit with a position.

You can see Tom’s session, Behavioral Interviewing, at the 22nd Annual SHRM-Atlanta HR Conference at the Cobb Galleria Centre in Atlanta, on March 13 from 2:20 to 3:20 to learn this technique and bring it into your organization!

Thomas M. Darrow is the Founder and Principal of Talent Connections, LLC, Career Spa, LLC, and the Atlanta HR Prayer Breakfast, Inc.

Tom has over 23 years experience in the Human Resources and Recruitment profession — including 9 years with the global professional services firms of Price Waterhouse (now PricewaterhouseCoopers) and Andersen Consulting (now Accenture).  He was the 2006/2007 President of SHRM-Atlanta, the largest city Chapter in the country.  Under his leadership as President, SHRM-Atlanta’s membership increased 60% to over 2600 members and the Chapter won a SHRM Pinnacle Award for membership growth and a Pinnacle Award for the Mayor’s Youth Program.

Tom earned a Bachelor of Business Administration degree in Accounting from the University of Notre Dame.   He currently resides in Murphy, NC and Smyrna, GA with his wife Anne and their three dogs and parrot.  Tom enjoys golf, Notre Dame football, Christian music, shows at the Fox and Alliance theaters, eBay shopping, spending time with family and friends, and comedy.  In 2004 he made his stand-up comedy debut at The Punch Line, the premier comedy club in the Southeast.  Tom is an originating shareholder of the 13-time World Champion Green Bay Packers.

Prior to this year’s Super Bowl, New England Patriot quarterback Tom Brady was considered by many to be the greatest quarterback of his generation, and possibly one of the greatest quarterbacks in NFL history.  But with the Patriots loss to the New York Giants, Brady’s legacy is taking a beating.  Numerous sportswriters, sports talk hosts and bloggers have railed on Brady, blaming him for the loss.  Brought into question now are his heart, skill and ability to win another Super Bowl.

While arguably Brady did not have his finest performance in the Super Bowl, the degree of criticism appears to be overblown and misplaced.  Forgotten by the critics is the fact that Brady led his team in two consecutive scoring drives just before the end of the first half.  The latter drive started on the Patriots’ 4 yard line and ended up being the longest touchdown drive in Super Bowl history.  Had the Patriots remained pinned down deep in the own territory, the Giants would likely have received the ball with great field position and with the opportunity to score and change the complexion of the game entirely.  Brady also completed 16 straight passes during one stretch in the game.  Not too shabby.  While Eli Manning’s performance was considered great (30/40, 296 yds, 1 TD), Brady’s Super Bowl statistics (27/41, 276 yds, 2 TD, 1 INT) were similar to Manning’s.  Washed up you say?  Brady also threw an amazing 39 touchdowns this year and racked up 5,235 passing yards which, if it were not for Drew Brees’ season would have established a new single-season record.

Despite these facts, the overwhelming buzz is that Brady is now a failure and an underachiever, especially in big games.  In this case, the sport cliché of “defense wins championships” has vanished much like the vampires that looked into a set of Audi LED headlights during a Super Bowl commercial.

From a human resources perspective, there are lessons to be learned from Brady’s overnight transformation from legend to goat.  There are parallels between how Brady is being assessed and common mistakes employers make when conducting performance evaluations.  These mistakes include basing evaluations on emotion, ignoring objective criteria, placing too much weight on recent events and being inconsistent in rating similarly situated employees.

Here are five (5) tips employers should follow to ensure that employee evaluations are fair, accurate and productive:

1. Performance Reviews should be based facts and not emotion: As a threshold matter, a supervisor conducting the evaluation needs to have an understanding of the employee’s actual performance.  The assessment should be based on facts as opposed to assumptions, rumor, innuendo or emotion.  In other words, do your homework.
2. Use Objective Criteria: Focus on whether the employee is performing the requirements of the job, such as quality and quantity of production.  Subjective characteristics such as an employee’s attitude are important and should be considered, but negative ratings about these characteristics should be supported by evidence showing how the conduct impacted the organization and other team members.
3. Consider the Entire Evaluation Period:  An annual evaluation should be based on the entire year.  Avoid placing too much weight on recent events or performance.  Feedback should be given on a regular basis.  If the employee is effectively managed, there should be no surprises when the annual evaluation is issued.
4. Be Consistent:  The supervisor should evaluate employees in an objective and consistent manner.  Develop criteria and use it for every employee.  This will protect against claims of favoritism or unlawful bias.
5. Be Positive:  The purpose of an evaluation should be to motivate your team member to improve.  This will not happen if only negative comments are provided.  This does not mean you should sugar coat problems.  However, you should give appropriate praise to areas where the employee succeeded.  This will also help show that the evaluation was fair and unbiased.

Perhaps if the pundits would have followed some of these suggestions, the post game analysis would have been different and, in my opinion, more fair.

You can see Ken’s session, A Sport Fan’s Guide to Human Resources, at the 22nd Annual SHRM-Atlanta HR Conference at the Cobb Galleria Centre in Atlanta, March 13-14th, 2012.

Ken N. Winkler is a shareholder of Berman Fink Van Horn P.C.  Ken’s practice concentrates on advising entrepreneurs, business owners and companies regarding the numerous employment laws and regulations that govern the workplace.  Ken’s practice also includes representation of both plaintiffs and defendants in disputes involving restrictive covenants including non-compete, non-solicitation of customers, non-recruitment of employees, non-disclosure/confidential information and trade secrets provisions.  Ken obtained his J.D. from The Ohio State University Moritz College of Law and his Bachelor of Science in Business Administration, summa cum laude, from The Ohio State University.

How wellness and advocacy keep employees focused on their jobs

It’s not “new news” to hear the staggering statistics on the time employees spend on personal matters at work.  Estimates range from 45 minutes per day, up to 3 hours.  In dollars and cents, we’re talking about millions in lost pay each year.   So what are employees doing with their time, and how can you help them… help themselves?

How healthcare & insurance complicate life

Think about the number of complexities we’ve introduced to employees over the past 15 years.  Co-pays and co-insurance came first.  Then high deductible plans, HSAs, HRAs.  Let’s not forget COBRA, FSAs, HIPAA.  Then add in a healthy serving of PHI and an SOB (that’s a Statement of Benefits!) Finally, top it all off with the crème de la crème – healthcare reform.

Voila!  We’ve created a system of healthcare (and access to care) that’s about as easy to understand as quantum physics. As human resource executives, you have a leg up.  You understand the complexities and you’ve got access to information employees don’t have.  Or do you?  I’d venture to say that even the most well-schooled among us have our own challenges weeding through healthcare and benefits issues.  So, we have to empathize with the average Joe.  Have we failed to make available resources to help employees navigate this complex territory?  After all, good health is the most fundamental and pivotal factor in productivity.  So we all stand to gain by keeping employees healthy and happy.

Why good health can be hard to come by

Even with the best intentions, taking good care of yourself and your family isn’t always easy.  There are a number of things that get in the way.  The most important factor that keeps many of us from peak health status is time.  Quite simply, there’s not enough of it.  And when you’re taking care of yourself and a family, and dealing with a down economy, making time for good health comes at a premium.  Many of our employees are taking care of parents and in-laws, and if they too have health issues, that’s incredibly time consuming to manage.

Would you venture a guess at how much work time is used to handle health or benefit issues?   In an average day, a cross-section of your employee population is trying to handle these problems.  And they are doing it on work time – because time is at a premium.

Huddled in their cubicles, or in their cars in the parking lot, you can hear the quiet clamor, each employee with a different story:  “Why was this claim denied?  I owe you what?  Asthma?  How will I find the right specialist in-network? Mom’s moved in… I need to find all new doctors to treat her diabetes close to our home.”  How incredibly stressful for employees who want to do their job well, and balance work with family!  Can you say, “PRESENTEEISM?”

How HR can help

When you stop to think about it, there’s a huge gap to be filled.  Your staff is at capacity.  But if you’re like me, you’re serious about taking good care of your employees.  And that means, even though you’ve got a line out your door, you won’t install a “Take a Number” dispenser.

High performing companies have HR leaders who are thinking about the future. They are delivering CEOs strategies for keeping employees focused.  Many are enrolling the help of care management and advocacy services to get employees back in the game.  These companies work on behalf of your employees and are typically paid on a per employee per month basis.   Care management firms put a third party partnership in place, so there’s no issue with HR staff and PHI.  An added advantage is that it’s all confidential, and employees feel comfortable knowing that.  They extend your resources in their areas of expertise, so you can focus on reaching your strategic goals.

They provide both benefits expertise, as well as clinical resources like health coaches, nurses and dieticians.  These partnerships can help design your population health strategy and incentive structure, set up health screenings and follow-up plans, help research claims issues, clarify benefits, help an employee understand a recent diagnosis and even coordinate care for elderly parents.

The idea is to get employees healthy, give them resources to help them reach their personal goals, and take down the barriers that are keeping them from being able to be fully engaged and productive.

As you look ahead to 2013, you’ll implement key strategies to impact your employees’ productivity and your companies’ profitability.  Consider affordable alternatives to adding staff – - while saving time, and actually improving employee health.

Be sure to Doug’s session, Be the Best – Learnings for HR Leaders to Create a Best Places to Work Company, at the 22nd Annual SHRM-Atlanta HR Conference at the Cobb Galleria Centre in Atlanta, March 13-14th, 2012.

Douglas Layman is the Executive Vice President and Chief Sales and Marketing Officer at Gilsbar, Inc., one of the country’s largest and fastest growing privately-held health and benefit management organizations.  He is responsible for Gilsbar’s corporate direction, vision and sales strategy for its three divisions:  Health & Benefit Management, MedCom Care Management and Care Advocates.

Mr. Layman shares his expertise in human resources leadership, creating a culture of health, and population health management at conferences across the country.  He was recently interviewed by SHRM Online and National Public Radio (NPR), authored an article in Human Resource Executive magazine titled “More HR Reach and Employee Focus”, and co-authored a recent article in CDHC Solutions magazine titled “Engaging Employees Vital to Health Care Strategy.”  His speaking resume includes events such as world Health Care Congress, Society of Human Resources Management, the International Institute of Research, and the National Business Group on Health.  Mr. Layman currently serves on the Board of Directors for the Louisiana Association of Health Plans.  He earned his degree at Spring Hill College in Mobile, Alabama.

Within the last three months, a number of court decisions, agency rulings, and new regulations have generated confusion regarding arbitration agreements and policies.  Until recently, one of the benefits of arbitration was the possibility of avoiding class and collective actions.  Given recent rulings, that might not be a viable strategy anymore.

The pendulum began swinging in April 2011 with the Supreme Court’s decision in AT&T Mobility LLC v. Concepcion, 563 U.S. ____ (2011).  That case upheld an arbitration agreement with cell phone customers that required individual—not class—arbitration.  The pendulum swung even further in December 2011 when FINRA expanded its rules prohibiting class actions to also prohibit collective actions.

But the pendulum swung back the other way when the NLRB ruled in D.R. Horton, Inc., 357 NLRB No. 184, that it would be an unfair labor practice to deny employees the right to bring or participate in class or collective actions in any forum.  The NLRB started with the proposition that filing and joining class and collective actions is a protected, concerted activity under section 7 of the NLRA.  Then, the NLRB noted that the company’s mandatory arbitration program worked in conjunction with a class action waiver to deny any forum to employees for their class or collective actions—they could not go to court because there was mandatory arbitration, and they could not go to arbitration because there was a class action waiver.  The NLRB suggested that if employees were not put between this rock and hard place, no unfair labor practice would have occurred.

The pendulum swung back towards employers on in late January 2012 when the Central District of California upheld a class action waiver contained in an employment agreement in Johnmohammadi v. Bloomingdales, Inc.  In that case, the Court found it important that the employee had voluntarily agreed to the class action waiver in arbitration, and it was not a condition of employment.  Perhaps if the arbitration agreement containing a class action waiver had been a condition of employment, the Johnmohammadi case would have come out differently.

In any event, employers are left with little to go on in designing an arbitration program or evaluating one that already exists.  On the one hand, the Supreme Court has endorsed arbitration—even where class or collective actions are waived.  On the other hand, the NLRB has taken the position that employees must always have a forum (judicial or arbitral) for their class or collective claims.

Until the law is settled, employers should proceed with caution when drafting arbitration agreements or policies.  Express class-action waivers should not be used in employment agreements or employee handbooks in light of D.R. Horton.  Current arbitration programs that contain class or collective action waivers should be amended to avoid unfair labor practice charges.  Is it time to review your current arbitration program, or to draft arbitration agreements with your employees?

You can see Peter Hall’s session with David Long-Daniels, Information Privacy and Security — Working Remotely, Social Networking, Employee Monitoring and How to Avoid or Manage the Lawsuit That’s Coming, at the 22nd Annual SHRM-Atlanta HR Conference at the Cobb Galleria Centre in Atlanta, March 13-14th, 2012.

Peter Hall is an associate with Greenberg Traurig, LLP in Atlanta.  He focuses his practice on labor and employment law with an emphasis on litigation matters. He counsels both large and small employers on a variety of labor and employment issues, including avoidance of discrimination and retaliation claims, compliance with disability and medical leave requirements, wage and hour issues, employee termination, restrictive covenants, union avoidance, and elections and records retention. Peter has counseled and defended employers before state administrative agencies in Georgia and other states as well as before federal agencies, including the EEOC and the DOL. He frequently drafts employment, restrictive covenant and separation agreements, and has experience drafting and reviewing multistate and multinational employee handbooks.

Peter obtained his J.D. from Vanderbilt University Law School in 2004 and his Bachelor of Arts, summa cum laude, from The Ohio State University in 2001.  He is listed as a “Rising Star” in Georgia Super Lawyers magazine, 2012.

Unfortunately, many employers ignore or are simply unaware of their rights to protect the company’s assets beyond those established by contractual restrictive covenants.  In regards to employees who engage in unfair competition, Georgia laws, most other state laws and some federal laws offer a variety of statutory and common law protections beyond those provided by restrictive covenants.  These laws can be extremely valuable tools when either a restrictive covenant agreement is unavailable or the restrictive covenants at issue are potentially unenforceable.  While some Georgia experts would argue that these non-contractual protections are less important now that Georgia has significantly loosened the reins when it comes to the enforcement of contractual covenants (O.C.G.A 13-8-50 et seq), these non-contractual protections can also be extremely important as supplemental tools to the enforcement of contractual covenants.

Among these non-contractual protections are claims that the former employee breached his/her duty of loyalty and/or fiduciary duties owed to his/her former employer.  Most employees who are employed in positions where they are capable of damaging their employers through unfair competition owe a fiduciary duty and/or duty of loyalty to their employer, regardless of the existence of contractual covenants.  Essentially, these duties require employees to use their best skill and judgment to promote their employer’s interests during the term of their employment.  In other words, even absent a contractual commitment, an employee may not take certain actions contrary to his/her employer’s business interests while that employee is on the employer’s payroll.

Under Georgia law, a claim for breach of fiduciary duty requires the proof of three elements:  (1) the existence of a fiduciary duty; (2) breach of that duty; and (3) damages proximately caused by the breach.  Certainly, officers, directors and other higher level employees are bound by these fiduciary duties.  The fiduciary relationship can also be applied to other employees if a sufficient relationship of trust can be proven.  Furthermore, even absent a fiduciary duty, a duty of loyalty may similarly apply to lower level employees.

More specifically, the applicable Georgia law holds that an employee may, without breaching these duties, make plans to join a competing business while actively employed.  However, he/she may not engage in acts which are in direct competition with his/her employer’s business interests before the employment relationship ends.   Such unlawful acts would include solicitations of the employer’s clients and theft of the employer’s confidential information.  Even the solicitation of other current employees to leave the employer for a competitor may constitute a breach of one or more of these legal duties.

As discussed above, other non-contractual legal tools are available to employers.   These include:

1. The Uniform Trade Secrets Act (prohibiting the taking and use of information which satisfies the definition of “trade secret”);
2. The Federal Computer Fraud and Abuse Act (prohibiting the unauthorized access of, copying from or tampering with the employer’s computer system and/or data base);
3. The Georgia Computer Theft and Trespass Statute (companion statute to the federal Computer Fraud and Abuse Act described above); and
4. State tort claims related to the unlawful conversion of another’s property, theft of property by taking and the like.

So, here is the “bottom line.”  Employers should be aware of these non-contractual protections and use them if the situation warrants.  Employers should not abandon the protection of the Company’s assets just because restrictive covenants are nonexistent or unenforceable.  Immediately lock down the former employee’s computer and data records.  Conduct a detailed search for electronic documents showing or even tending to show that the employee solicited clients, solicited your other employees, sent confidential information or trade secrets to his/her personal e-mail and/or the like.  Interview other employees who were close to the former employee.  Gather as much evidence as possible to support non-contractual claims, supplement contractual claims or both.  Even if litigation is not in the employer’s best interest, evidence of wrongful competition while the employee was actively employed can act as invaluable leverage to secure a favorable out-of-court resolution.

Be sure to Jon’s session, The Emerging Pitfalls of the ADAA with a Focus on Expanded Leave Requirements, at the 22nd Annual SHRM-Atlanta HR Conference at the Cobb Galleria Centre in Atlanta, March 13-14th, 2012.

Jon M. Gumbel, Ogletree Deakins, has concentrated his practice in the field of management labor and employment law since 1987.  He advises clients on a daily basis regarding complex human resources, labor and employment law issues. Jon also regularly drafts and revises policies, procedures and contracts, including complex executive employment and restrictive covenant agreements for a wide variety of clients and applicable to jurisdictions throughout the country.

Organizations have fire starters: those who escalate issues causing havoc and drama in the process.  They also have fire fighters: people who scurry to find a way to pacify, implement or solve emergencies.  Regardless of the position, it costs the company and everyone involved lots of time and money.

My issue with many businesses, especially large ones fraught with multiple layers of management is that a simple dictate from a high ranking exec may start out as a “when you get a chance” kind of comment, but later turns into a “fire drill” as it’s passed down the chain of command.  Sure there are honest critical crunches when all hands on deck is imperative to meet deadlines. But in the corporate telephone game, since these directives are rarely formalized or written down, confusion or others’ interpretations often drive a normal delivery time into needing it yesterday.  It can also happen through some self-serving manager along the way trying to look important by claiming the item is “hot” and needed ASAP by the executive who casually mentioned the detail in the first place.  In the meantime schedules are juggled, meetings and tasks are postponed in order to attend to the now frantic issue.  Gaining momentum as it circulates through the organization, very few people push back or even consider going to the original leader for clarification.

As a leader, communicating and yes, even formalizing requests with clear due dates can make a huge difference regarding time, energy and profits.  It keeps everyone on the same page and gives realistic priorities to the work at hand.  Using this process, if a situation arises that truly is needed STAT, it will get the necessary immediate attention.  An executive’s awareness of the requests put forth and how they are implemented  is essential to keep an organization running efficiently.  Although you can’t keep your finger on the pulse of all the issues, at least know the ones you’ve initiated have been clearly communicated with realistic deliverables, directions and expectations.

Those in an organization who regularly spiral assignments  to frenzied levels, are just fanning the flames.  The world will not end if every project does not have priority status.  Don’t cry wolf, save those matches for a real crisis when you’ll need to light a big fire.

Becky Arrington, founder and President of Arrington & Associates, guides individuals and businesses to discover their purpose and live authentically. Whether you’re a company looking for innovative ways to lead and engage employees or an individual trying to prioritize, reduce stress or decide what you want to be when you grow up, learning to accept and thrive in change is key.

When you have a toothache, having comprehensive dental coverage becomes vital.  The Surgeon General reports that more than 64 million work hours are lost each year because of untreated dental problems.  Treatment of dental issues can help reduce the risk of more severe, and costly, medical conditions.  Routine dental visits are the key to prevention.

Dental benefits are worth more than you may think.

Studies have shown that there is a direct relationship between your oral health and medical health and dental care helps lower your organization’s medical costs.

An oral infection such as a cavity, or gum disease can put employees at risk for serious medical problems like cardiovascular disease, diabetes, osteoporosis, and Alzheimer’s disease.  Periodontal disease in pregnant women is linked to low birth weight and premature births.

Here’s the cost for common dental procedures with and without insurance.  The costs are based on average out-of-pocket payments.*

Procedure                    Insured (average cost)                Uninsured (average cost)
Filling                                $141                                                  $288
Filling repair                       $149                                                  $265
Extraction                          $317                                                  $501
Crown                                $563                                                $1,018
Root canal                          $593                                                $1,201
Gum treatment                   $598                                                   $972
Bridge                               $1,479                                              $2,698
Implant                              $2,825                                              $3,938

*Source: Consumer Reports National Research Center

A periodic oral exam, series of x-rays, and a routine cleaning will cost an average of $250.  Most plans cover this at 100%, with $0 out-of-pocket costs.

How much of your organization’s budget is allocated to medical premiums today?

Your employees are less likely to seek preventive care and treatment when they don’t have dental benefits.  Which means, if they have an issue, it gets worse, and the treatment gets more invasive and more expensive.  This not only impacts employee sick days, but poor oral health can lead to, and exacerbate, a number of health issues including heart disease, stroke, increased issues for diabetics and premature birth.

Without insurance, Americans will not go to the dentist unless they are in pain, putting them at risk for dental-driven health conditions. According to an Empirica survey of 1,000 adults in May 2010, 74% of Americans without dental insurance only go to the dentist when they believe there is a problem. Of those without insurance, they attributed two main factors for failing to go to the dentist: Cost (77%) and not knowing what the cost would be (73%).[1]

What About The Kids?

According to the American Dental Association, in 2008, 4.6 million children went without needed dental care because their families lacked the financial means to pay for it.[2] Scheduling a regular exam not only helps keep teeth picture perfect, but also reduces student sick days.

Did you know: Approximately 51,679,100 million school hours are missed annually by school-aged children due to a dental problem or visit, according to the Surgeon General. Tooth pain keeps many children home from school or distracted from learning. Despite recent improvements in dental care in the United States, tooth decay is still the most common childhood disease, reports the ADA. It is five times more common than asthma and seven times more common than hay fever.

All Dental Plans are Not Created Equal

Each carrier has their own DNA. Important things to consider when searching for dental benefits:

• Network:  Will your employees have access to a large number of quality dental practices in the areas in which they work and live?
• Network Discounts:  It is important that your employees are saving when utilizing a participating provider.  Otherwise, where is the value?
• Plan Design:  Most dental plans cover regular check-ups, x-rays, and routine cleanings at 100%.  There are a couple of other common scenarios that should be reviewed to determine an employee’s out-of-pocket costs.
  • How much would it cost if an employee needed a filling?  What if they would like a resin (white) filling on a posterior tooth?
  • How would an emergency visit, root canal, and crown be covered under the plan?

• Account Retention Rate: It is not unheard of that a carrier will “buy” business, only to make up revenue at the next renewal.  Switching carriers frequently can disrupt treatment plans, doctor/patient relationships, and be a headache for HR at open enrollment.

Keeping your company ahead in the race for talent.

The latest National Association of Dental Plans (NADP) statistics show less than 40% of Georgians have private plan dental coverage. Comprehensive dental benefits will be a key component in recruiting and retaining satisfied employees.

First Question: Do you have a formal written policy for your company?  If yes, when was the last time you had it reviewed?  If no, this is the first step in getting your company on the path to a Drug Free Workplace, congratulations!

Financial Impact: Did you know Georgia is 1 of a handful of states that has a voluntary drug testing law?  Why is this important?  For companies that wish to qualify for a 7.5% discount on their workers’ compensation premiums they must comply with this law.  It’s not hard to get certified but your written policy must meet all the statutory requirements.  Research shows that a full 8% of the working population has admitted to doing drugs!  The US Coast Guard did a study stating each drug user cost them, on average, $6,600/year.   The Dept. of Labor did a similar study and states it costs them $7,000/year.  Let’s do the math:

1,000 employees – assuming 8% average drug use = 80 employees effected

80 x $6,600 = $528,000

That is over half a million dollars a year that you are wasting on workers’ comp claims, injuries, lost productivity, absenteeism and poor morale.

Testing Reasons: Pre-employment, reasonable suspicion, post-accident, random, follow up, return-to-duty and job site screening.  Fun facts: 50% of workers’ comp claims are abandoned when confronted with a drug test.  Today 1 of the key reasons for drug testing is to defend a workers’ comp claim.  And of course having a strong policy will also prevent you from paying an unemployment claim for an abuser.

Types of Samples: Hair, Urine, Saliva, Blood, Breath Alcohol and Oral Fluid.

Are you required to comply with Dept. of Transportation (DOT) Testing?  If yes, has your company distributed DOT compliant policies to all covered drivers?  Is your company conducting inquiries for alcohol and controlled substances information from previous employers?  Are you meeting the 2012 DOT Random Testing Rates for your specific DOT agency?  Do you know who your DER is?

What is screened in a standard 5 panel test? Amphetamines including Methamphetamine (AMP), Cocaine Metabolites (COC), Marijuana Metabolites (THC), Opiates including Codeine, Morphine and Heroin (OPI), Phencyclidine (PCP). What are some additional panels? Barbiturates (BAR), Benzodiazepines (BZO), Methadone (MTD), Propoxyphene (PPX), Methaqualone (MTQ), Methamphetamine (mAMP), Ecstasy (MDMA), Oxycodone (OXY).

What is Random Testing: Random testing is performed on an unannounced, unpredictable basis on employees whose identifying information (social or employee #) has been placed in a testing pool from which a scientifically arbitrary selection is made.  This selection is normally computer generated to ensure that it is indeed random and that each person of the workforce population has an equal chance of being selected for testing regardless of whether that person was recently tested or not.

Why do drug screenings at a job fair? It makes business sense if you are offering a candidate a position, to have them tested on the spot (in accordance with your company policy).  If the candidate is a user, they will most likely walk out and not waste your time or theirs. Before incurring additional expenses to clear this person for work, why not get their test results without delay to make sure they are qualified.  This also sets the tone for you the employer, showing the candidate what type of people you want in the workplace.  Onsite testing is very popular amongst large and small organizations with Drug Free Policies.

Be sure to visit USA Mobile Drug Testing of NE Georgia in the Resource Partner Showcase at SHRM-Atlanta’s Annual Conference March 13 &14 at the Cobb Galleria Centre in Atlanta, GA!

This blog is written by Karen Tinker, CPC of USA Mobile Drug Testing of NE Georgia (USAMDT).  Karen is a DATIA Certified Professional Collector (CPC) and Territory Manager for USAMDT.  You can connect with Karen at Karen.tinker@usamdt.com.

The HR organization is often one of the last to enthusiastically embrace new technology in any enterprise.  The adoption of many technologies is often predicated on improved efficiency (normally read as “doing more with less”), and is often perceived as corporate code for downsizing.  With a bit of planning and strategic thinking, however, the enthusiastic adoption of technology could mean that HR in general, and recruiting specifically, can play much more valuable and strategic role in the organization.

While some HR technologies, such as those that improve record-keeping and benefits administration – long considered millstones around the collective necks of HR professionals – are earnestly adopted; others are viewed a bit more suspiciously.  Many technologies that are sold to increase efficiency of the HR organization are viewed as a means for technology to take the place of valuable – and wage-earning – humans.  By understanding what technology can, and equally important can’t do, users can position themselves as being indispensable in the face of such change.

By way of illustration, a large, well-known telecommunications company recently decided to try a virtual interviewing technology as a way to increase the number of the candidates in the hiring funnel and to decrease the time-to-fill.  When the recruiting staff was first introduced to the application, there was some natural resistance.  Their thinking was “any technology that helps improve efficiency means that one or more of us will be deemed surplus and will be let go.”  But, instead of digging in their heels, the recruiting staff decided to find out as much as they could about this technology and how it could help them increase their importance and value to the organization.

They soon found that the new virtual interview application recorded each applicant’s interview, allowed the recruiters to assign scores to each recording and add their own notes directly in-line with the interview itself.  They also discovered that they could send these to hiring managers and other stakeholders for their review and feedback.  Pretty soon, the recruiters discovered that this technology could be used to enhance their jobs and make them more valuable to the organization.  After all, the virtual interviewing technology couldn’t make decisions about candidates – it could only capture interviews more quickly and present them in an organized, consistent fashion so the recruiters could add their value more efficiently.

The introduction of this new technology merely acted as a catalyst that enabled the recruiters to become more trusted strategic partners to their stakeholders – the hiring managers in the company.  Recruiters were able to collaborate on a level that was not possible with their previous methods.  They now proactively share candidate interviews, and the recruiters’ evaluation of them, with hiring managers to help ensure they are on the same page.  As a result, hiring managers, spend less time on marginal candidates, thereby improving their effectiveness.  The bond between recruiters and their stakeholders has grown stronger as well.

The recruiters have even taken it upon themselves to review a small subset of interviews together to ensure each of them evaluate candidates in a consistent, predictable manner.  The hiring managers who count on the recruiters to send them high-quality, well-qualified candidates have enthusiastically endorsed these “calibration” sessions.

While many view the adoption of new technology with fear, uncertainty and dread, others enthusiastically embrace it as a means to increase their personal and professional value to the organizations they serve.  Those who do often find themselves to be indispensible and well-positioned for increased responsibility and recognition.

Be sure to visit HireIQ Solutions in the Resource Partner Showcase at SHRM-Atlanta’s Annual Conference March 13 &14 at the Cobb Galleria Centre in Atlanta, GA!

Kevin Hegebarth is Vice President of Marketing and Product Management for HireIQ Solutions, Inc.  He is a frequent contributor to industry publications and has spoken at numerous industry events on the topics of workforce acquisition and optimization, the role of social media in customer service, and innovative human capital management strategies. He is an AIPMM certified product manager and is a co-inventor on two U.S. patents.

Employers face dynamic and ever increasing challenges in this economy.  A global economy of discriminating consumers has placed demands on employers never before seen.  Employers face the challenges of maintaining productivity, profitability as well as keeping their workforce engaged and satisfied with their jobs.  Environmental pressures, rising health care costs, and the needs of the workforce have placed management in a complicated and tenuous situation.  The answer lies with creating a work environment that maintains employee job satisfaction as well as motivates people toward exceptional performance.  A survey conducted by the Conference Board showed only 45 percent of Americans are satisfied with their work.  This is the lowest level ever recorded by the Conference Board in more than 22 years of research.  Those that fail to improve job satisfaction are at risk of losing their top talented people to the competition.  Supervisors and managers who maximize the potential, creative abilities, and talents of the entire workforce have a greater competitive advantage than those who don’t.  Employees that are engaged in their work have a higher level of job satisfaction.  Motivated workers provide the health insurance businesses desperately needed in these chaotic times.

HOW TO INCREASE JOB SATISFACTION AND EMPLOYEE ENGAGEMENT–THE PRIDE SYSTEM

The leaders of the organization have the responsibility for creating a high level of job satisfaction.  Dr. Edwards Deming said, “The aim of leadership should be to improve the performance of man and machine, to improve quality, to increase output, and simultaneously to bring pride of workmanship to people.”  A motivating environment is one that gives workers a sense of pride in what they do.  To show supervisors and managers how to build a more productive work environment, I’ve created a five-step process called the PRIDE system.  Leaders can improve employee motivation and employee engagement within their organizations by following this process:

STEP 1–PROVIDE A POSITIVE WORKING ENVIRONMENT

Job satisfaction begins by first providing a positive work environment. Fran Tarkenton says,to find what motivates people,“you have to find what turns people on.” This is the most important factor in the process. A motivating working environment requires going over and beyond the call of duty and providing for the needs of the worker. Walt Disney World Company provides an excellent work environment for their employees or “cast members.” Employee assistance centers are spread strategically across the theme park. Some of the services included employee discount programs,childcare information,money orders,postage stamps,check cashing,and bus passes. The Walt Disney Company realizes that taking care of their employee’s needs keep them motivated, on the job and loyal to the company.

STEP 2–REWARD,REINFORCEMENT AND RECOGNITION

Mark Twain once said, “I can live for two months on a good compliment.”  Personal recognition is a powerful tool in building morale and motivation.  A pat on the back, a personal note from a peer or a supervisor does wonders.  Small, informal celebrations are many times more effective than a once a quarter or once a year formal event.  Graham Weston, co-founder and CEO of Rackspace Managed Hosting, gives the keys to his BMW M3 convertible for a week to his top performing employees.  This creative way to reward employees has a bigger impact than cash.  He says,“If you gave somebody a $200 bonus, it wouldn’t mean very much.  When someone gets to drive my car for a week, they never forget it.”

STEP 3–INVOLVE AND ENGAGE THE WORKFORCE

People may show up for work, but are they engaged and productive?  People are more committed and have higher levels of employee engagement when there is a process for them to contribute their ideas and employee suggestions.  This gives them a sense of ownership and pride in their work.  The Sony Corporation fosters the exchange of ideas within departments by sponsoring an annual Idea Exposition.  During the exposition, scientists and engineers display projects and ideas they are working on.  Open only to Sony’s employees, this process creates a healthy climate of innovation and engages all those who participate.  Capturing employee suggestions and ideas engages and improves employee motivation, creating a more productive and satisfying work environment.  Yet many ignore the untapped resource of their employees who know their jobs better than any expert.  Idea Campaigns are different than typical employee suggestion programs.  The Campaign is a proven way to capture hundreds of ideas to improve productivity, cut costs and drive improvements from the bottom up in a short time period.

STEP 4–DEVELOP WORKER’S SKILLS AND POTENTIAL

Training and education motivates people and makes them more productive and innovative.  At Federal Express, all customer contact people are given six weeks of training before they ever answer the first phone call.  Learning never stops and testing continues throughout their employment tenure.  Every six months customer service people are tested using an on-line computer system.  Pass/fail results are sent to each employee within 24 hours.  They receive a personalized “prescription” on areas that need reviewing with a list of resources and lessons that will help.  Federal Express’ intensive training and development program has resulted in higher motivation and lower turnover.  There are many reasons training and development makes sense.  Well-trained employees are more capable and willing to assume more control over their jobs.  They need less supervision, which frees management for other tasks.  Employees are more capable to answer the questions of customers which builds better customer loyalty.  Employees who understand the business, complain less, are more satisfied, and are more motivated.  All this leads to better management-employee relationships.

STEP 5–EVALUATE AND MEASURE JOB SATISFACTION

Continuous evaluation and never ending improvement is the final step of the PRIDE system.  Evaluation is a nonstop activity that includes a specific cycle of steps focusing on job satisfaction and employee engagement.  The primary purpose of evaluation is to measure progress and determine what needs improving.  Continuous evaluation includes, but is not limited to, the measurement of attitudes, morale, and motivation of the workforce.  It includes the identification of problem areas needing improvement and the design and implementation of an improvement plan.  Good organizations conduct a job satisfaction survey at least once a year.  Businesses have searched far and wide for the competitive advantage, the best equipment, technology, or the latest business fad.  These provide only temporary solutions.  The true competitive advantage is trained and motivated people proudly working together for a common purpose, contributing their vitality and energy toward the goals of the enterprise.

Be sure to Greg’s session, Employee Engagement Strategies for Breakthrough Performance. at the 22nd Annual SHRM-Atlanta HR Conference at the Cobb Galleria Centre in Atlanta, GAi n Atlanta, March 14, 2012, 11:15 am – 12:15 pm.

As President and founder of Chart Your Course International, Greg Smith has implemented professional development programs for thousands of organizations globally resulting in lower employee turnover and  improved employee engagement.  He has authored nine informative books including his forthcoming book, Fired Up! Leading Your Organization to Achieve Exceptional Results.