Transcript 2014 MISHRM Conference Speaker Template

MISHRM 2014 Annual Conference
HR Amplified: Driven to be…
STRUCTURING A 21ST CENTURY
BUSINESS ENVIRONMENT
Thomas Brady – Clark Hill PLC
Tracy Leahy – Clark Hill PLC
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Overview
Changes in Workforce
Hiring for Success
Flexible Workplace
Legal Issues for a Changing Workforce
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
The Changing Workplace
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Four Trends in the Changing
Workplace
• Diversity/Demographics
• Technology
• Government Regulation
• Globalization
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Diversity
RACE/SEX
2013
2050
White
62.6%
52.8%
African American
13.2%
13.6%
Hispanic
17.1%
24.5%
Asian & Pacific Islander
5.5%
8.2%
American Indian
1.2%
.9%
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Diversity
• By 2050, the U.S. population is expected to increase by
50 percent, and minority groups will make up nearly half
the population
• Immigration will account for almost two-thirds of the
nation’s population growth
• The population of older Americans is expected to more
than double
• One-quarter of all Americans will be of Hispanic origin.
• Almost one in ten Americans will be of Asian or Pacific
Islander descent. And more women and people with
disabilities will be on the job
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Generation Changes
Baby Boomers
Generation X
Millennials
Birth Years
1946-1964
1965-1980
1981-2000
Number
80 Million
51 Million
75 Million
45%
40%
10%
Optimism
Pragmatism
Self-Confident
Loyal To Careers
And Employers
Lack Of
Organizational
Loyalty
Loyal To Manager
Respect
Competency Not
Title
Loyal To Peers
They Value
Success
Time
Individuality
Work Ethic
Driven
Balance
Ambitious
Entitlement
Experience
Merit
Contribution
% In Workplace
Core Values
Attributes
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Generation Changes
Baby Boomers
Generation X
Millennials
Workaholics
Project Oriented
Effective Workers
But Gone At 5
Work/Life Balance
Afraid To Take Off
Balanced
Balance Work, Life
And Community
Preferred Work
Environment
Flat Organizational
Hierarchy
Functional, Positive,
Fun
Collaborative
An Exciting
Adventure
A Difficult Challenge
A Means To An End
Ability to Shine
Dynamic Young
Leaders
Challenges
Work Liabilities
Expect Every One
To Be A Workaholic
Build “Portable”
Resume
Distaste For Menial
Work
Keys To Working
With
Want To Hear Their
Ideas Matter
Want Independence
Want
To Work As A Team
Time At Work
Work Is…
What they Look For
In A Job
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Technology Trends
• A company’s intellectual property is one of its most
important assets
• The use of computers and the Internet in
workplaces will become more pervasive and the
functions performed using computers will
dramatically increase
• The influence of technology will go beyond new
equipment and faster communications, as work
and skills will be redefined and reorganized
• Technology will increase the company’s exposure
to lost intellectual property and confidential
information
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Governmental Regulations
• Labor Regulations
– Make it easier for unions to organize
– Expand the Board’s reach in the workplace to nonunion employers
• Equal Employment Opportunity
– Expand Title VII to cover sexual preference and
gender identity
– Expand coverage of the Americans With Disability Act
– Expand leave rights
• Wage and Hour issues
– Promote equal pay
– Prevent “Wage theft”
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Globalization Trends
• Increased global competition will continue to affect the
type of work being done in American workplaces,
creating new high-skilled jobs and lessening demand
for low-skilled work
• The impact of globalization on all Americans will
continue to grow as more of the economy is involved
in producing exports or competing with imports
• Three trends:
– Employees will develop skills to avoid being stuck in low
paying or obsolete jobs
– Employees will want more flexibility and a balanced family
life
– The workforce will become more diverse
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Hiring for Success
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Pre-recruitment Process
• Know the position’s:
– Job title and classification
– The purpose of the position
– Key accountabilities
– Specific duties and responsibilities
– Essential functions
– Minimum qualifications and preferred
qualifications
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Background Checks
• Perform a complete background check including were
allowed:
–
–
–
–
Criminal history records checks
Sex offender registry check
Department of motor vehicles records checks
Google the Applicant
• Do not require the employee to provide passwords or access to
applicant’s social media account
• Can consider information that is publically available on the
internet
• In jurisdictions which have “ban the box” laws, review
the law, some allow criminal background checks if the
employer has a justifiable reason
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Michigan’s Internet Privacy
Protection Act
• Cannot require applicants/employees to grant access to, allow
observation of, or disclose information allowing access to
personal internet accounts
• Cannot retaliate against employee/applicant who fails to grant
access
• Employees must disclose information regarding an electronic
device:
– Paid for by employer
– To an account/service provided by employer or obtained by
virtue of employee’s employment, or
– Used for employer’s business purposes
• May require employee to cooperate in investigation
concerning unauthorized transfer of employer’s
confidential/proprietary/financial data
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Hiring Process
• Document expectations for employee
• Document special conditions: goals, hours of
work, bonus, anything unique to the
employee—but include employer reservation
to amend, modify, or cancel
• Have employee execute standard
documents: employment agreement, noncompete, non-solicitation, confidentiality
agreement, acknowledgment of receipt of
handbook
• Have employee complete the I-9
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Flexible Workplaces
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Flexible Workplace Defined
• Workplace flexibility is a mutually beneficial
arrangement between employees and
employers in which both parties agree on
when, where and how the employee will work
to meet the organization’s needs. This may
include:
–
–
–
–
Time
Location and connectivity
Amount of work
Continuity and time off
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Business Advantages of a Flexible
Workplace
•
•
•
•
Increased job satisfaction
Expanded availability to clients
Attract and retain good employees
Increases employee loyalty, engagement and
performance
• Reduces negative outcomes
• Reduced cost
• Increase company’s ability to meet the
demands of globalization
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Employee Advantages of a Flexible
Workplace
• Improved work/life fit
• Less time commuting
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Flexibility in Time
• Flextime
• Compressed workweeks
• Flexible shift work
• Part-year or seasonal work schedule
• Self scheduled breaks
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Flextime Tips for HR
• Determine how department or office
coverage will be maintained
• Determine how effective channels of
communication will be established and
maintained
• Determine how work hours will be tracked.
• Determine how performance will be
measured
• Determine how tasks will be assigned during
times when a supervisor or manager is
absent
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Compressed Time Tips for HR
• How office coverage will be maintained
• Determine how schedules will be coordinated
• Determine how effective channels of communication
will be maintained
• Determine how tasks are assigned during times when
supervisors or managers are absent
• Determine how equity will be maintained by measuring
work accomplished rather than hours worked to avoid
conflicts
• Determine how performance will be evaluated.
• Determine how negative perceptions of flexibility will
be handled
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Flexible Shift
• Schedule employees outside standard work hours to
ensure 24/7 coverage
• Tips
– Determine how department or office coverage will be
maintained
– Determine how effective channels of communication will
be established and maintained
– Determine how work hours will be tracked
– Determine how performance will be measured
– Determine how tasks will be assigned during times when a
supervisor or manager is absent
– Evaluate if the flexible shift has adverse effect on the
employee’s health
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Flexibility in Location and
Connectivity
• Home based telework
• Satellite offices
• Remote worksites
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Flexplace Tips for HR
• How work will get done and how meetings and joint
projects will be handled?
• How communication with co-workers, supervisors and
managers will continue within core hours?
• How much time will be spent in the office and when?
• What equipment and technical support will be needed
and who will provide it?
• How the arrangement will be supervised and evaluated
in comparison with onsite workers to ensure equity?
• Which employees or teams should be available during
core work hours?
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Teleworking Tips
• Determine if the employee is self-directed
and comfortable working without close
supervision
• Determine if the employee manages her time
well
• Determine if the employee is comfortable
working alone for long periods of time
• Determine if management can effectively
manage work interactions with coworkers,
clients, supervisors and subordinates working
flexibly or virtually
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Flexibility in the Amount of Work
• Part-time work
• Transitional part-time work
• Reduced workloads
• Job sharing
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Flexibility in Work Continuity and
Time Off
• Long-term breaks and sabbaticals
• Family Medical Leave Act (FMLA)
• Vacation time
• Paid sick time and leaves
• Compensatory time off
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Legal Issues in a Changing
Workplace
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Essential Policies in a Diverse
Workplace
• EEO policy that prohibits discrimination based on all
federal, state and local EEO laws. This may include
protection for sexual preference and gender identity
• Anti-Harassment policy that forbids all harassment
based on protected classifications contained in the
EEO policy
• Disability and request for an accommodation
procedures
• Religious accommodation.
• Whistleblower protection.
• No retaliation policy
• Investigation policy
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Reasonable Accommodation
• Increasing numbers of highly qualified applicants with
disabilities will enter the workforce
• To attract and keep employees with a disability, employers will
have to provide accommodations which allow the employee to
perform the essential functions of the job
• To determine the appropriate reasonable accommodation, it
may be necessary for the employer to initiate an informal,
interactive process with the qualified individual with a disability
in need of the accommodation
• This process should identify the precise limitations resulting
from the disability and potential reasonable accommodations
that could overcome those limitations
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Undue Hardship
• Employer need not accommodate if it would create an
“undue hardship”:
• To determine if an accommodation creates a
significant difficulty or expense to an employer,
consider the following factors:
– The nature and net cost of the accommodation needed under this
part, taking into consideration the availability of tax credits and
deductions, and/or outside funding
– The overall financial resources of the facility or facilities involved in
the provision of the reasonable accommodation, the number of
persons employed at such facility, and the effect on expenses and
resources
– The overall financial resources of the covered entity, the overall size
of the business of the covered entity with respect to the number of
its employees, and the number, type and location of its facilities
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Direct Threat
• Employer need not accommodate if it would create a “direct
threat:”
– Direct Threat means a significant risk of substantial harm to the
health or safety of the individual or others that cannot be
eliminated or reduced by reasonable accommodation
– The determination that an individual poses a “direct threat” shall
be based on an individualized assessment of the individual's
present ability to safely perform the essential functions of the job
– Assessment based on a reasonable medical certainty that relies
on the most current medical knowledge and/or on the best
available objective evidence
– Factors to be considered include:
(1) The duration of the risk
(2) The nature and severity of the potential harm
(3) The likelihood that the potential harm will occur
(4) The imminence of the potential harm
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Priority of Accommodations
• Must try to accommodate in current job first
• If no accommodation available, then must place in
open (or soon to be vacant) position for which
employee is qualified and able to perform (with or
without reasonable accommodation)
• Look at current level first, then at lower level; no
duty to promote
• Pay and benefits reduced to that of new position.
• If nothing available then may terminate employee
(or possibly place on leave)
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Home Work Policy
• Require employees working from home accurately
record their time:
– Time sheets that must be completed daily
– Employee signs the time sheets to authenticate the
information
• Require approval of overtime:
– Require employee’s supervisor to authorizes the overtime
in writing before it is incurred
– If the employee works unauthorized overtime, pay the
overtime and discipline the employee for working
unauthorized overtime
• If possible, periodically audit the employees time
records by comparing them with computer logs,
telephone records and other electronic records
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
OSHA Safety Issues
• Home Office
– Employers must provide employment and a place
of employment that are free from recognized,
serious hazards
– OSHA will not inspect employee’s home offices.
– OSHA will not hold employer liable for employee’s
home office and employers are not required to
inspect the home office
– If a complaint is filed, OSHA will inform the
employee that it does not inspect home offices
– If requested by the employee, OSHA will let the
employer know about the complaint
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
OSHA Safety Issues
• Other home-based worksites
– OSHA will only inspect if it receives a complaint or referral
that indicates that a violation of a safety or health standard
exists and threatens physical harm or that a imminent
danger exists, including reports of a work-related fatality
– OSHA limits the scope of home work site inspections to
the employee’s work activities
– Employers are responsible in home worksites for hazards
caused by materials, equipment or work processes which
the employer provides or requires to be used in the
employee’s home
• Employer may have to report work related injuries and
illnesses and maintain records if the injury are workrelated
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Workers’ Compensation and the
FMLA and ADA
•
Not all WC injuries or illnesses are disabilities under the ADA or
FMLA:
–
–
•
•
The injury would need to result in a physical or mental impairment that
substantially limits one or more major life activities to be covered under
ADA
If a leave is needed for a work related illness or injury, whether the leave
is intermittent or long term, both laws will likely apply and should be
coordinated, unless the leave is for short term illness or injury of less
than three days and there is not a chronic condition involved
Employers may have a duty under the ADA to accommodate an
employee who is on workers’ compensation leave or FMLA leave
with additional time off beyond FMLA leave and even the
employer’s normal leave policy, depending on what its terms are
Employers may have a duty under the ADA to accommodate an
employee returning from workers’ compensation leave or FMLA
by modifying the non-essential functions of the employee’s job
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Security Issues
• Security breaches of information
– Third party hacker
– Employee’s family
– Lost information in company computer or
thumb drives
• Security breach of employees’ personal
information
• Misappropriation of the employer's
confidential and proprietary information
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Trade Secrets Tips
• Use reasonable, affirmative measures to protect
the information -- simply categorizing documents
as trade secret is probably insufficient
• Some examples:
– Check employee backgrounds
– Mark documents “confidential” or “trade secret”
– Discuss the issue with staff, and identify documents
and processes you consider secret
– Segregate trade secrets
– Lock up trade secret documents after use
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Confidentiality Agreements Tips
• Obtain a confidentiality agreement from employees
and third parties to whom you give confidential
information
• Protect the information in practice
–
–
–
–
–
Mark confidential documents “confidential”
Segregate and lock up confidential documents, if possible
Restrict access
Restrict dissemination
Require immediate return after use
• Require employee to clear removal of confidential
information
• Do not publicly disclose confidential information
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Reporting Breach of Database
• Employer must give notice to employees whose personal
information was accessed in an unauthorized security breach
• Must notify Michigan residents (other state residents if the
other state has a similar law) of the security breach and
inform them how to contact credit reporting companies
• Under Michigan law, the notice may be given:
– Written notice sent to the recipient at the recipient's postal
address in the records of the agency or person
– Written notice sent electronically to the recipient;
– If not otherwise prohibited by state or federal law, notice given
by telephone
– Substitute notice
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Zoning Laws
• Local zoning laws may require the resident to
obtain permission to conduct business out of the
employee’s home
• Check the local zoning laws to determine if the
law requires that an individual obtain a license or
permit before engaging in work at home
• When considering a work-at-home request,
employers should ascertain whether zoning
requirements may apply, and should clarify
whether the company or the employee will be
responsible for compliance
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Questions
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Thomas P. Brady
Tracy A. Leahy
(313) 965-8291
[email protected]
(313) 965-8533
[email protected]
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org