The four court cases HR needs to watch in 2013

What legal issues should HR pros be watching most closely in the coming months? A leading employment law firm suggests we keep an eye on four key cases.

A quick look at the four court actions that have the potential for changing the employment law landscape, courtesy of the Employment Benefits and Labor Practice Group at Blank Rome:

Vance v. Ball State University

You’ll recall that a couple of months ago, the Supreme Court heard oral argument in this case to resolve a split between federal appeals courts regarding the definition of a “supervisor” for purposes of liability under federal anti-discrimination laws.

The case comes down to deciding between two definitions:

• whether the term “supervisor” applies broadly to all employees who have the authority to direct and oversee an alleged victim’s daily work,
• whether the technical definition of “supervisor” is limited to those who have the power to “hire, fire, demote, promote, transfer, or discipline.”

The court’s determination will have a significant impact on employer exposure to Title VII lawsuits, workforce management and anti-harassment training, according to Blank Rome.

Genesis HealthCare v. Symczyk

In this important Fair Labor Standards Act case, the Supreme Court will determine whether an FLSA collective action becomes moot after the named plaintiff receives an offer of judgment that provides full relief.

Translation: If an employer makes an offer that would fully cover the FLSA violation alleged in an active court case, does that offer basically blow the court action out of the water?

In the decision under review, a federal appeals court held that a motion for conditional certification of a collective action “relates back” to the date the complaint was originally filed — and the settlement offer doesn’t stop the original case from proceeding.

But two other federal circuits have held that a full offer of judgment to the complainant does make the court case moot.

The high court’s decision could impact an important tool that employers have relied upon in their efforts to battle the recent deluge of collective wage-and-hour litigation.

Click here to see the last two cases.

The 9 questions you need to answer before firing anybody

By Tim Gould

It’s the HR pro’s least favorite duty: Telling somebody they’re fired. And in today’s litigious atmosphere, you need to make sure you’ve looked into all the possibilities that might lead to a legal mess down the road.

There are nine questions companies need to answer before the actual termination discussion takes place.

Here’s a rundown from staffing and management consultant Hunter Lott, who runs the HR website PleaseSueMe.com.

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Surprise! Employees don’t hate performance reviews as much as we thought

By: Tim Gould

No question, performance reviews are a touchy subject. But love ‘em or hate ‘em, new research says current review practices are pretty effective.

In a the recent Cornerstone OnDemand 2013 U.S. Employee Report, almost half (47%) of employees canvassed said their employer’s review process is a fair and accurate representation of their performance.

Another 40% said the feedback they receive helps them to improve their performance and succeed in their jobs.

In other comments, employees said the feedback they receive during the performance review process:

• is not a surprise and is feedback they’ve gotten prior to the formal review — 35%
• gives them a clear understanding of how their job performance impacts their employer’s business results — 33%
• provides them with specific examples of their work to support the feedback they receive — 31%, and
• provides them with tools, resources and/or a development plan to help them improve performance — 25%.

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EEOC unveils its plan of attack for 2013 and beyond

The Equal Employment Opportunity Commission has released its final Strategic Enforcement Plan. Here’s a brief look at the issues the agency will be targeting in the future.

The final version of the SEP is slightly modified from the draft plan the agency released last fall. A look at the priorities laid out in the final plan, which covers the years 2013-2016:

1. Eliminating Barriers in Recruitment and Hiring. The EEOC will target class-based intentional recruitment and hiring discrimination and facially neutral recruitment and hiring practices that adversely impact particular groups.
   Racial, ethnic, and religious groups, older workers, women, and people with disabilities continue to confront discriminatory policies and practices at the recruitment and hiring stages, the agency maintains.  These include exclusionary policies and practices, the channeling/steering of individuals into specific jobs due to their status in a particular group, restrictive application processes, and the use of screening tools.
2. Protecting Immigrant, Migrant and Other Vulnerable Workers. The EEOC will target  isparate pay, job segregation, harassment, trafficking and other discriminatory practices and policies affecting immigrant, migrant and other vulnerable workers, who are often unaware of their rights under the equal employment laws, or reluctant or unable to exercise them.
3. Addressing Emerging and Developing Issues. As a government agency, the EEOC is responsible for monitoring trends and developments in the law, workplace practices, and labor force demographics. The EEOC will continue to prioritize issues that may be emerging or developing.

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Assessing your health plans for 2013: A checklist

Hate to put a damper on your holiday spirit, but HR pros are going to have to get ready to make some decisions about where their health plans are going in the coming year. Here’s a quick checklist to help you prioritize the process.

The short list of what employer health plan sponsors need to keep top-of-mind going into the New Year, according to Mercer HR health benefit consultants:

• Prepare for the health reform law’s 2014 requirements.  In 2014, employers will be required to offer qualified health coverage to all employees working 30 or more hours per week – so in 2013 they need to determine who those employees are and whether their health plan qualifies. They also need to inform employees about the new state exchanges.
• Evaluate the level of benefits provided.  As employers are asked to cover more individuals, they are reconsidering the level of benefits they provide and how much they contribute to the cost. Providing employees with a low-cost plan (like a consumer-directed health plan) as the core benefit and giving them the option to pay more for richer coverage is one approach gaining momentum.
• Examine whether private health exchanges have a place in the health benefits strategy.  While relatively few employers expect to drop their medical plans entirely, some are considering  rivate exchanges for retirees, active employees or both. Exchanges reduce the administrative burden for employers and can give members more flexibility in selecting insurance products to meet their needs.
• Ramp up health management programs for long-term savings.  Most employers have some type of wellness or health management program, but is it achieving all it can? Employers should consider offering employees incentives to participate – the pay-off is a healthier, higher-performing workforce. Social media’s networking capabilities offer new ways to build engagement.
• Rethink where and how care is delivered.  Market innovations like telemedicine, surgical centers of excellence and medical homes are starting to transform the health care delivery system.

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High Court to decide legal definition of ‘supervisor’: Why that matters to employers

The Supreme Court is currently mulling over one of the most basic questions in today’s workplace: Who fits the legal definition of “supervisor”?

The high court’s ruling could have a substantial impact on employee discrimination lawsuits.

Here’s why:

Under the law, an employer is liable for the behavior of a supervisor who’s guilty of discrimination or harassment.

But if a worker discriminates against or harasses a co-worker, the employer is not at fault — unless the behavior was reported and the employer failed to act to address it.

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Guest post: How HR has failed, and how to fix it

In the beginning, there was the Personnel Department. Its job was to handle the mechanics of hiring and firing – basically, a clerical operation. Then came Human Resources, which was supposed to transform the department’s role into a dynamic player in finding, developing and keeping top talent. So why hasn’t that transformation taken place? Consultant Scott K. Edinger has some answers.

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In the early 1990s I was a Human Resources Associate in the firm of Coopers & Lybrand (now pricewaterhousecoopers.) I got into HR because I was interested in the elements of improving human performance.

Some veteran HR pros will remember this as a time when we bristled at being referred to as the “personnel people.” Human resource management was supposed to be something quite different.

The problem: It wasn’t. And still isn’t.

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Tread carefully when considering termination of employee with emotional issues

Reminder to managers: Unless you’re a certified professional, don’t act as an employee’s psychiatrist — even if you’re worried the employee’s actions could put her co-workers in jeopardy.

That’s the message in a recent case out of Erie, PA, where a city firefighter alleged she’d been fired in violation of the Americans with Disabilities Act.

The woman, Mary Wolski, worked as a firefighter for several years, eventually becoming a fire truck driver. She apparently performed her duties satisfactorily.

But then her mother fell ill, and died within a year. The death of her mother caused Wolski significant grief and resulted in her taking extended leave for depression and anxiety issues.

To continue reading the whole story, click here.

3 interview questions to ditch – and 3 to use instead

Thanks to the Internet, applicants are better prepared than ever for interviews — which means HR pros need to work harder to find questions that candidates haven’t already memorized the answers to.

Here are three interview questions you need to get rid of, and three you can start using instead, courtesy of The Resumator.

1. Tell me about yourself. The most innocuous question is also the most boring — applicants won’t tell you anything you didn’t already know from their resume or cover letter. Why waste your time and theirs?
   Instead, use: What’s the most exciting thing that’s ever happened to you?
   If you keep things interesting, you’ll get some interesting answers. The applicant’s response needn’t be related to work either — if a candidate says the birth of his son was the most exciting thing to happen to him, that’s a great indication that he’s loyal and committed.
2. What’s your five-year plan? Here’s a questions that’s supposed to get at what an applicant’s ambitions are, but in reality has no good answer.
   Instead, use: When you retire, what do you want your job title to be?
   Ditching the time frame allows candidate to open up and talk about what pushes them to succeed — which is what you really want to know.
3. Talk about a time you overcame an obstacle. While behavioral questions have become more and more common in recent years, they still aren’t good at one thing: Figuring out how an applicant would react in the specific job you’re looking to fill.
   Instead, use: I’m going to describe a problem you might have to handle as an employee here. How would you solve it?
   Using a real-life example helps put the candidate’s response in a context you can relate to, as well as give you insights into the applicant’s abilities and skills.

To view the full web page, click here.

Managers’ report card: A’s in ethics, but just C’s in motivation

There’s good news and bad in a recent survey on how employees view their supervisors. Managers excel at acting ethically, but they’re not so hot at motivating their charges when things aren’t going well.

Nine out of ten employees see their bosses as both ethical and professional, but far fewer said their superiors were good at motivating their staff in times of adversity.

That’s according to new research from consulting firm Healthy Companies International.

Healthy Companies International surveyed 2,700 employees throughout North America to explore the behaviors of immediate supervisors.

The survey posed the question, “How do you rate your boss’s performance? The person to whom I report… ” and then listed various managerial behaviors.

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Succession planning: An outline for kick-starting this critical process

In this uncertain economy, smart companies are taking steps to ensure their productivity and profitability. How’re they doing that? Succession planning.

What can a succession plan going to do for your company?

• Strengthen your talent pool. The process of identifying high (and low) performers and possible gaps in your employees’ skillsets gives companies an opportunity to make adjustments before they’re left in the lurch when a key team member departs.
• Make better use of the talent you’ve got. By definition, succession planning includes an employee development component.
  That means companies can allow workers to stretch their skills, increase their earning power and likely strengthen their commitment to sticking around.

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Case study: Communication, small perks kept our best people on board

Periodically, we like to share the success stories of companies dealing with HR issues. This case study comes courtesy of Paul Graziani, CEO of Analytical Graphics in Exton, PA.

We’re lucky enough to attract some of the most talented and well-educated people in our industry.

But that makes it crucial for us to hold on to them any way we can.

That’s especially true considering how much it costs to replace some of our staff – as much as three times the worker’s salary.

Clearly that put retention high up on our priority list.

But what were the best tactics we could use to make that a reality?

Click here to read these tactics.

Case study: Communication, small perks kept our best people on board

Periodically, we like to share the success stories of companies dealing with HR issues. This case study comes courtesy of Paul Graziani, CEO of Analytical Graphics in Exton, PA.

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We’re lucky enough to attract some of the most talented and well-educated people in our industry.

But that makes it crucial for us to hold on to them any way we can.

That’s especially true considering how much it costs to replace some of our staff – as much as three times the worker’s salary.

Clearly that put retention high up on our priority list.

But what were the best tactics we could use to make that a reality.

Click here to continue reading.

Perk that’ll make your company more attractive to 72% of workers

By Christian Schappel 

This could be your company’s pièce de résistance – the perk that sets your company apart from the competition and improves recruiting and retention efforts.

Nearly three out of every four workers (72%) say that a company that offers better technology to its employees is more attractive. Among Gen Y workers (those aged 18 to 29), that number skyrockets to 92%.
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