306 6th Ave. San Mateo, CA 94401 | Ph: (650) 348-6234 | Fax: (650) 401.8234 | admindesk@aeisadvisors.com

Understandably, some employers (and employees) have mixed feelings about the gig economy. While many enjoy the freedom gained and overhead saved, others miss office camaraderie and routine. No matter your position, research shows that the trend isn’t going anywhere anytime soon. By 2021, 9.2 million Americans will work on-demand jobs, and so employers need to start asking themselves how they plan to keep employees of all stripes engaged in office work and culture.

As HR Technologist cautions, employee engagement goes both ways.While employers should be concerned about the reliability and loyalty of their freelance pool, they must also maintain strong relationships with their current full-time employees. Best practices for addressing this include providing similar perks to all workers, using in-depth onboarding services and training, and maintaining meticulously open lines of communication.

It is also important to remember that integration like this can’t happen overnight. Building a strong and diverse team, whether fully remote or mixed, takes time. Many companies are engaging “future ready” practices, so that hybrid workforces can be available whenever a particular company is ready to consider open options. Such practices are rooted primarily in savvy digital platforms, allowing for collaboration and innovation, as well as clear conversations about benefits and salaries. Not only do such techniques strengthen the current team, but they also position organizations as solid competitors for rising digital talent. Finally, remember that talent management isn’t merely an agenda item. It’s also a driving tool for strategic decisions about innovation, growth, and performance ability.

While there is no one established way forward, it’s clear that employers who are cognizant of the growing gig economy trend are able to both deepen and strengthen their current talent pool while looking toward the future.

by Bill Olson
Originally posted on UBAbenefits.com

Since the ACA was enacted eight years ago, many employers are re-examining employee benefits in an effort to manage costs, navigate changing regulations, and expand their plan options. Self-funded plans are one way that’s happening.

In 2017, the UBA Health Plan survey revealed that self-funded plans have increased by 12.8% in the past year overall, and just less than two-thirds of all large employers’ plans are self-funded.

Here are six of the reasons why employers are opting for self-funded plans:

1. Lower operating costs frequently save employers money over time.

2. Employers paying their own claims are more likely to incentivize employee health maintenance, and these practices have clear, immediate benefits for everyone.

3. Increased control over plan dynamics often results in better individual fits, and more needs met effectively overall.

4. More flexibility means designing a plan that can ideally empower employees around their own health issues and priorities.

5. Customization allows employers to incorporate wellness programs in the workplace, which often means increased overall health.

6. Risks that might otherwise make self-funded plans less attractive can be managed through quality stop loss contracts.

If you want to know more about why self-funding can keep employers nimble, how risk can be minimized, and how to incorporate wellness programs, contact us for a copy of the full white paper, “Self-Funded Plans: A Solid Option for Small Businesses.”

by Bill Olson
Originally posted on ubabenefits.com

We are currently living in a low-trust society as a whole — we keep hearing that news is fake, science is fake, and so on. That makes it hard for us to trust anyone and is why we need to work on building trust in the workplace more than ever. Human resources professionals and business leaders have an imperative to instill a culture of trust — not just because it is key to employee engagement, satisfaction, and performance, but also because it’s just the most human thing to do.

When you look at the foundations of trust, they are simple: People want to trust that they are going to be treated with respect, that their leaders are credible, and what they do matters. They want to know that they are secure.

There are three building blocks of trust: protection, presence, and progress. I call them my “Three Ps.”

Protection

Feeling protected is a foundational need. To earn the trust of someone else, you need to provide this protection. Your employees want to feel that the organization and their bosses are looking out for them, and that they genuinely care. Underlying the protection we all need and desire are “BLT” (just like the comforting feeling of the classic BLT sandwich): balance, love, and truth. When people feel protected, they are going to demonstrate kindness, loyalty, courage, and generosity.

When you don’t instill a sense of protection, it will stifle innovation and slow down the organization.

Presence

Presence is simple. It’s literally being present in all your interactions — meetings, one-on-one discussions, and interviews. We talk a lot about mindfulness these days, but it extends beyond the personal to the relational. Today, it feels like no one is ever present — we are all tuned in to our devices all the time. So turn off your computer, phone, tablet, watch, etc. when someone comes into your office, stay focused in conversations, and don’t bring your devices to meetings. Put your attention into what you value. Enjoy the present moment and truly experience it.

Lack of presence sends a message of lack of trust.

Progress

As humans, we constantly make progress, minute by minute. We want to know that we are moving in the right direction. How are we helping our employees make progress? Are we focused on helping them move ahead? Supporting your employees’ efforts and making progress is vital to helping them feel that you care about them fundamentally.

I have a personal philosophy of growth and recommend setting weekly growth plans. I pick one personal topic, like last week was protein, and I investigate to understand it. I also pick one work topic, like running better meetings and investigate that for the week. It’s not complicated — just pick a topic and spend the week growing at it.

Ask the Right Questions

Communicating needs is important, but it takes trust to do that. One way to develop the three Ps of trust is by asking the right questions, then really listening to the answers and acting on them. It shows you care and that you want to help people not feel like they are stranded or drowning. It tells your staff it’s safe to say that they are overwhelmed or hung up somewhere, or they don’t have the answers.

Questions for one-on-ones can include:

Protection

  • How is life?
  • Do you have any decisions you are hung up on?
  • Am I giving you the resources or information you need to do your job?
  • Do you have too much on your plate?

Presence

  • What are you worried about right now?
  • What rumors are you hearing?
  • Would you like more or less direction from me?

Progress

  • If you could pick one accomplishment to be proud of between right now and next year, what would it be?
  • What are the biggest time-wasters you encounter?
  • What type and amount of feedback works best for you?

by Dan Riordan
Originally posted on thinkhr.com

The Supreme Court of the United States (SCOTUS) heard several cases with employment implications during their 2018 session, including the following four cases we covered in detail. (Click the case names to read the full articles.)

  • Encino Motorcars, LLC v. Navarro: Encino shifted the burden of proof in Fair Labor Standards Act (FLSA) overtime exemption cases to the plaintiff, meaning that if employees cannot prove they were misclassified, they will not be entitled to overtime pay.
  • Epic Systems Corp. v. Lewis: Epic held that employers may enforce class action waivers in arbitration agreements rather than being obligated to allow employees to unite in a class action suit.
  • Masterpiece Cakeshop, Ltd. V. Colorado Civil Rights Commission: Masterpiece argued the key civil rights issues of discrimination versus freedom of religion. Although both sides declared a win, the court simply decided that the law is the law and employers cannot deny equal access to goods and services but also religion remains a highly-protected civil right.
  • Janus v. American Federation of State, County, and Municipal Employees: Janus ruled that public sector employees are not required to pay fees to a union they choose not to join, even if they receive the benefits of the union’s negotiations.

Notable cases that SCOTUS declined to hear in 2018 touched on tip pooling, Americans with Disabilities (ADA) leave, age discrimination, sexual discrimination, and compensation during rest breaks.

The overall trend in the 2018 rulings was a tendency to favor employers. This conservative lean of the court was also reflected in its ruling in Trump v. Hawaii, where the court held the president lawfully exercised the broad discretion granted to him under federal law to suspend the entry of people from certain countries into the United States.

What’s Coming Up?

With Brett Kavanaugh’s potential confirmation as the new SCOTUS justice due to Justice Kennedy’s retirement, SCOTUS will likely continue on the conservative trend. The EEOC is speculating that cases potentially on the docket for the Supreme Court next season may be related to age discrimination, equal pay, sexual orientation, and gender identity, including possible appeals of these circuit court decisions:

  • Rizo v. Yovino: The Ninth Circuit Court of Appeals held that under the federal Equal Pay Act an employer cannot justify a wage differential between male and female employees by relying on prior salary.
  • EEOC v. R.G. & G.R. Harris Funeral Homes: The Sixth Circuit Court of Appeals ruled that employers may not discriminate against employees because of failure to conform to sex stereotypes, transgender, or transitioning status.
  • Kleber v. CareFusion Corporation: The Seventh Circuit Court of Appeals found that an outside job applicant can assert a disparate impact claim under the federal Age Discrimination in Employment Act. (Disparate impact refers to employment practices that appear to be nondiscriminatory but adversely affect one group of protected class individuals more than others.)
  • Zarda v. Altitude Express, Inc.: The Second Circuit Court of Appeals ruled that Title VII protects employees from discrimination based on sexual orientation.

Other cases being considered include the applicability of the Age Discrimination in Employment Act (ADEA) to small public employers, whether the Federal Arbitration Act applies to independent contractors, and whether payment to an employee for time lost from work is compensation subject to employment taxes.

Originally posted on thinkhr.com

“Design thinking” is a fairly common term. Even if the phrase is new to you, it’s reasonably easy to intuit how it works: design thinking is a process for creative problem solving, utilizing creative tools like empathy and experimentation, often with a strong visual component. The term dates from 1968 and was first used in The Sciences of The Artificial, a text written by Nobel Laureate Herbert Simon.

For Simon, design thinking involved seven components, but today it’s usually distilled to five: empathize, define, ideate, prototype, test. In this way, creative tools are employed to serve individuals in a group, with a solution-driven focus. It’s important to note that these components are not necessarily sequential. Rather, they are specific modes, each with specific tools that contribute equally to solving an issue.

Most significantly, as Steve Boese of HR Executive noted in a recent column, design thinking is a rising trend in HR leadership. “Those using this strategy,” he says, “challenge existing assumptions and approaches to solving a problem, and ask questions to identify alternative solutions that might not be readily apparent.”Design thinking helps teams make decisions that include employees in meaningful ways, personalize target metrics, work outside the box, and produce concrete solutions. Even teams with established, productive structures use design thinking in the review process, or to test out expanded options.

Boese says that the key shift design thinking offers any team is the opportunity to troubleshoot solutions before they’re put into real-time practice. The main goal of design thinking is not process completion, low error rates, or output reports, as with other forms of HR technology, but employee satisfaction and engagement. More often than not, this leads to increased morale and even more opportunities for success.

 

by Bill Olson
Originally posted on ubabenefits.com

 

Its a dilemma. On the one hand, todays buzzing, multifaceted working environments challenge employees more than ever before. On the other, these same working environments are often also overwhelming and stressful. Sometimes it seems like success means mania—but this doesnt have to be the case. More and more frequently, experts urge offices to focus not on performance but on growth.

Performance cultures create winnersand losers,with no ground in-between. In contrast, says The Harvard Business Review, growth cultures help workers build capacity through working as a team, acknowledging shortcomings instead of acting them out, and conserving energy to create external value.This approach, based on the work of Robert Kegan and Lisa Lahey, focuses on safe environments, top-down vulnerability, continuous learning, manageable experiments, and continuous feedback. In such offices, failures are not met with immediate punishment but seen as opportunities for growth.

Implementing these ideas takes time and patience, but in the end, they can lead to unprecedented success and ever-broader horizons.

By Bill Olson

Originally published by www.UBABenefits.com

 

 

Don’t lie–we ALL love gadgets. From the obscure (but hilariously reviewed on Amazon) Hutzler 571 Banana Slicer to the latest iteration of the Apple empire. Gadgets and technology can make our lives easier, make processes faster, and even help us get healthier. Businesses are now using the popularity of wearable technology to encourage employee wellness and increase productivity and morale.

According to a survey cited on Huffington Post, “82% of wearable technology users in American said it enhanced their lives in one way or another.” How so? Well, in the instance of health and wellness, tech wearers are much more aware of how much, or how little, they are moving throughout the day. We know that our sedentary lifestyles aren’t healthy and can lead to bigger health risks long term. Obesity, heart disease, high blood pressure, and Type 2 Diabetes are all side effects of this non-active lifestyle. But, these are all side effects that can be reversed with physically getting moving. Being aware of the cause of these problems helps us get motivated to work towards a solution.

Fitbit, Apple Watch, Pebble, and Jawbone UP all have activity tracking devices.  Many companies are offering incentives for employees who work on staying fit and healthy by using this wearable technology. For example, BP Oil gave employees a free Fitbit in exchange for them tracking their annual steps. Those BP employees who logged 1 million steps in a year were given lower insurance premiums. These benefits for the employee are monetary but there are other pros to consider as well. The data collected with wearable technology is very accurate and can help the user when she goes to her physician for an ailment. The doctor can look at this data and it can help connect the dots with symptoms and then assist the provider with a diagnosis.

So, what are the advantages to the company who creates wellness programs utilizing wearable technology?

  • Job seekers have said that employee wellness programs like this are very attractive to them when looking for a job.
  • Millennials are already wearing these devices and say that employers who invest in their well-being increases employee morale.
  • Employee healthcare costs are reduced.
  • Improved productivity including fewer disruptions from sick days.

The overall health and fitness of the company can be the driving force behind introducing wearable technology in a business but the benefits are so much more than that. Morale and productivity are intangible benefits but very important ones to consider. All in all, wearable technology is a great incentive for adopting healthy lifestyles and that benefits everyone—employee AND employer.

More and more, we are learning that scientists, marketers, programmers, and other kinds of knowledge workers lead office lives very similar to famous innovators like Watson, Crick, and Franklin, who discovered the structure of DNA. How so? All of these people live work lives structured around progress in meaningful work. And when this progress occurs, it boosts emotions, perceptions, and productivity.

This could be an important key to supporting your employees at their desks, wherever those may be. While recognition, tangible incentives, and goals are important, leading managers must also consider nourishing progress through attention to inner work life, minor milestones, and appropriate modeling.

When progress is effectively monitored and encouraged, it can lead to a self-sustaining progress loop, which often results in increased success and productivity, especially toward larger, group-based goals. In other words, when managers support inner work life and recognize minor progress, it leads to major accomplishments.

Seeing employees as growing, positive individuals with a drive to experiment and learn, as opposed to mere means to an end goal, can make all the difference in an office, and over the yearsOne way to do this effectively is to incorporate humility into your leadership style. This doesn’t imply that you have low self-confidence or are yourself servile. Rather, it says you prioritize the autonomy of your office and support your employees to think responsibly for themselves. Ask them what their daily work lives are like, and how you can help them maximize effectiveness. Create low-risk opportunities for growth, and most importantly: follow through.

Read More:
“Leading through emotions”
“Leading with emotional intelligence”

by Bill Olson, VP, Marketing & Communications at United Benefit Advisors

Originally posted on blog.ubabenefits.com

Are you having a hard time keeping up with the steady flow of news and information that affects your workplace? Let ThinkHR help! We’ve curated some of the stories from business, news, human resources, benefits, and risk management publications that caught our eye this June.

Just Don’t Ask

Job candidates are covered by the Civil Rights Act prohibiting discrimination, and most interviewers know what kinds of direct questions to avoid. But what seems like a friendly conversation-starter could be an unwitting violation of the act. Read five questions you should never ask.

Read more on Namel

Trust in Design

Office design is known to have an impact on employee productivity and satisfaction. At the heart of this is trust – trust that staff will choose to use the facility in the most effective way rather than be chained to their desks. And when trust rises, engagement follows.

Read more on Entrepreneur.

Pride Without Pandering

June was Pride Month, and corporations everywhere joined in the celebration. Some, although well-meaning, missed the mark. Seven LGBTQ executives explain how employers can embrace inclusion and celebrate diversity without coming across as pandering.

Read more on Fast Company.

Dad Days

Reddit cofounder Alexis Ohanian was a proponent of paternity leave and planned to lead by example by using his company’s benefit. However, he didn’t fully appreciate its importance until his daughter was born and he used the time off to slow down and take stock of his priorities.

Read more on CNN.

Culture Still Eats Strategy

Strategy is essential, but if a company doesn’t have a good culture, it won’t matter. Once you understand what culture is and isn’t, you can work toward developing a strong one, starting with defining the qualities you value in your employees.

Read more on Forbes.

Buy in Bulk

A rule released by the U.S. Department of Labor on June 19 loosens restrictions on association health plans, paving the way for more small businesses to band together to buy health coverage. That is, if it stands up to legal challenges, state laws, and the realities of the insurance marketplace.

Read more on Kaiser Health News.

The Family Friendly Workplace

Work-life balance can be especially challenging for parents. Both mothers and fathers lament not having enough time for their children. Get 10 creative ways you can make your workplace better for working parents.

Read more on Employee Benefit News.

Remote Control

The remote workforce continues to grow, but 57 percent of companies still lack a remote work policy. These companies may be missing out on attracting and retaining top talent. There’s no one-size-fits-all solution, with numerous factors to consider in crafting one.

Read more on HR Dive.

What Makes a Great Workplace

Inc. magazine surveyed thousands of employees to measure what employer qualities lead to high levels of employee engagement and sentiment, taking into account elements of corporate culture. See which of 45 perks and benefits employees value most.

Read more on Inc.

Run, Hide, Fight

Law enforcement officials stress the need for employers to conduct active shooter training to protect their employees and customers in the event of a violent incident. In addition to training, find out other ways to mitigate the risk a shooter or potential shooter holds.

Read more on Business Insurance.

By Rachel Sobel
Originally published by www.ThinkHR.com

Workplace rules are back, baby!

Peter Robb, General Counsel for the National Labor Relations Board (and my new hero), issued a memorandum on Wednesday that employers should love. Mr. Robb has declared that nine standard employer policies will now be presumed lawful under the National Labor Relations Act.

The memorandum was based on the Board’s decision in The Boeing Company, issued in December 2017. Before Boeingthe NLRB under the Obama Administration had taken the position that these policies were unlawful because they could have a “chilling effect” on employees’ exercise of their rights to engage in “protected concerted activity” under Section 7 of the NLRA.

So, without further ado, here are nine standard employment policies that the Board says are legal again, absent evidence that they’re being applied to protected concerted activity. (Welcome back!) I’ll also go over workplace rules that continue to violate the NLRA, and workplace rules that will be evaluated on a case-by-case basis.

Workplace rules that are presumed lawful

No. 1: Civility rules. The Equal Employment Opportunity Commission must be happy about this one because their proposed guidance on workplace harassment recommended civility training for employees as a harassment-prevention measure. The EEOC had to include a footnote that its recommendation could be problematic from an NLRA standpoint. (I’d been recommending to clients that they restrict civility training to management until this conflict between the EEOC and the NLRB was resolved.)

Conflict hereby resolved! According to the General Counsel, an expectation of civility does not interfere with employees’ right to engage in protected concerted activity because they can almost always criticize the employer, or individual supervisors, in a civil manner.

No. 2: No photography, no recording. Although there are occasions when employees may want to photograph or record working conditions or labor protests, the General Counsel says, for the most part rules prohibiting unauthorized recordings have no impact on Section 7 rights and therefore are lawful. However, “a ban on mere possession of cell phones at work may be unlawful where the employees’ main method of communication during the work day is by cell phone.” In other words, the ban should be on unauthorized recording, not on possession of a device that can record.

No. 3: Bans on insubordination, non-cooperation, adversely affecting operations. “An employer has a legitimate and substantial interest in preventing insubordination or non-cooperation at work. Furthermore, during working time an employer has every right to expect employees to perform their work and follow directives.”

Duh. It’s sad that this even had to be said, but thank you, General Counsel Robb, for saying it.

(Of course, if the “insubordination” is engaging in protected concerted activity, then the application of the rule would violate the NLRA.)

No. 4: Bans on disruptive behavior. Employers again have the right to prohibit “fighting, roughhousing, horseplay, tomfoolery, and other shenanigans.” Also, “yelling, profanity, hostile or angry tones, throwing things, slamming doors, waving arms or fists, verbal abuse, destruction of property, threats, or outright violence.”

There may, however, be instances when some of this activity is associated with a strike or walkout and may be protected. And you can’t ban strikes or walkouts.

No. 5: Protecting confidential and proprietary information, and customer information. Yes, employers, it is again legal for you to prohibit employees from disclosing your confidential and proprietary information. “In addition, employees do not have a right under the Act to disclose employee information obtained from unauthorized access/use of confidential records, or to remove records from the employer’s premises.” (Emphasis added.) To be lawful under the new standard, the employer should ban the unauthorized access or disclosure of confidential employee information rather than flatly banning disclosure of any employee information.

No. 6: Bans on defamation or misrepresentation. According to the General Counsel, because “defamatory” statements or “misrepresentations” imply some level of deliberate falsehood or misleading, “Employees will generally understand that these types of rules do not apply to subjectively honest protected concerted speech.”

No. 7: Bans on unauthorized use of company logo or intellectual property. “Most activity covered by this [type of] rule is unprotected, including use of employer intellectual property for unprotected personal gain or using it to give the impression one’s activities are condoned by the employer,” the memorandum says. And I love this:

“Employers have a significant interest in protecting their intellectual property, including logos, trademarks, and service marks. Such property can be worth millions of dollars and be central to a company’s business model. Failure to police the use of such property can result in its loss, which can be a crippling blow to a company. Employers also have an interest in ensuring that employee social media posts and other publications do not appear to be official via the presence of the employer’s logo.”

No. 8: Requiring authorization to speak for the employer. Yet another “duh” moment: “Employers have a significant interest in ensuring that only authorized employees speak for the company.”

No. 9: Bans on disloyalty, nepotism, or self-enrichment. Even the Obama Board didn’t have much of a problem with employer rules that banned (or required disclosure of) conflicts of interest, or employees who had financial interests in competitors of the employer. The Trump Board agrees.

Workplace rules that are presumed unlawful

The memorandum lists two types of employer rules that will continue to be found unlawful, and I believe most employers are already aware of these:

  • Prohibiting employees from discussing or disclosing information about wages, benefits, or other conditions of employment.
  • Prohibiting employees from joining outside organizations or “voting on matters concerning” the employer. 

These rules are directly related to activity protected by Section 7 of the NLRA. Therefore, they are presumed unlawful, and NLRB Regional Offices are instructed to issue complaints “absent settlement.” (The Regional Offices do have the option of asking for advice from the Office of the General Counsel if they think special circumstances apply.)

Workplace rules that require case-by-case assessment

The memorandum also discusses some “gray area” rules, which may or may not violate the NLRA depending on the circumstances. The following types of rules will be submitted to the Office of the General Counsel and evaluated on a case-by-case basis:

  • “Broad conflict-of-interest rules that do not specifically target fraud and self-enrichment . . . and do not restrict membership in, or voting for, a union.”
  • Broad or vague “employer confidentiality” rules that don’t focus on confidential and proprietary, or customer, information and that don’t specifically restrict Section 7 activity (discussion of wages, benefits, or other terms and conditions of employment).
  • Rules prohibiting disparagement of the employer, as opposed to disparagement of employees.
  • Rules restricting use of the employer’s name, rather than just its logo or trademarks.
  • Rules that prohibit employees from speaking to the media or third parties at all (as opposed to communications to third parties where the employee purports to represent the employer).
  • “Rules banning off-duty conduct that might harm the employer.” A little vague.
  • “Rules against making false or inaccurate statements (as opposed to rules against making defamatory statements) . . ..”

For the past several years, employers have been struggling to comply with the Board’s interpretations while retaining the right to maintain some semblance of order in their workplaces. The General Counsel’s memorandum is a giant step in the right direction.

Article written by: Robin Shea, partner with leading national labor and employment law firm (and ThinkHR strategic employment law partner) Constangy, Brooks, Smith & Prophete, LLP

Originally posted on thinkhr.com

I just want to let you know that YOU ARE AWESOME. You’re always on top of things and answer questions promptly and in detail. I love working with you."

- Office Operations Administrator, IT Consulting Firm

Categories