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Author: Rick Bell

Posted on January 10, 2018June 29, 2023

The 2nd Nominee for the Worst Employer of 2018 Is … the Arresting School Board

Jon Hyman The Practical Employer
There are lots of correct ways to respond to employee complaints.

Handcuffing and arresting the employee is most definitely NOT one of them.

Yet, this is exactly what the Vermilion, Louisiana, school board did when a teacher, Deyshia Hargrave, tried to raise concerns at a board meeting about a proposed raise for her boss, Superintendent Jerome Puyau.
Thus, I have nominated this employer as the Worst Employer of 2018.

The New York Times has the details:

The ordeal started when the school board met in a special session to vote on the renewal of Puyau’s contract. As Hargrave spoke against the renewal after the vote, a marshal approached her.

“You are going to leave or I am going to remove you,” the marshal told her. “Take your things and go.”

“Excuse me,” she said to him. “Is it against policy to stand?” Ms. Hargrave asked the board, as the marshal tried to grab her arm. “Sir, do not,” she said.

She started to walk sideways through the assembly to leave, as some protested, noting that Mr. Puyau had started to directly address Ms. Hargrave just as the marshal tried to eject her.

When it became apparent that Ms. Hargrave was being handcuffed in the hallway, the audience appeared startled. Several followed her into the hallway, and the video showed her on the floor and then standing, handcuffed, with the marshal behind her. “Stop resisting,” he said as he walked her outside.

“I am not — you just pushed me to the floor. I am way smaller than you,” she said.

Outside, the marshal called for backup. He is heard saying to her that he had given her orders to leave, and Ms. Hargrave, standing in the dark against a car, replied, saying she was “walking and asking you a question.”

She was placed in an Abbeville police patrol car.

After video of the incident went viral, the city attorney decided not to pursue charges against her. Judge for yourself whether this is worthy of consideration at year’s end.

Previous nominees: The 1st Nominee for the Worst Employer of 2018 Is … the Holy Harasser
Jon Hyman is a partner at Meyers, Roman, Friedberg & Lewis in Cleveland. Comment below or email editors@workforce.com. Follow Hyman’s blog at Workforce.com/PracticalEmployer.
Posted on January 8, 2018June 29, 2023

Harassment by Emojis

Appearing in text messages, emails, on T-shirts and even their own movie, emojis — cartoon representations of emotions and common objects — are a ubiquitous presence in people’s lives and daily communications with one another. 

Seventy-one percent of Americans use visual expressions such as emojis, stickers or GIFs when texting or using mobile messaging apps, according to a 2017 survey conducted by Harris Poll on behalf of Tenor, a mobile GIF sharing platform.

But there are potentially sinister motives in the workplace behind an innocent emoji martini glass or kissing cat. Given their widespread use, employment attorneys recommend employers review their employee handbooks and consider whether there should be rules governing emojis in office communications. A smiley face or shruggie may be acceptable in a text or Facebook post outside of work, but they could cause problems for HR leaders in the workplace.

“We’re not only looking at words anymore; we now have symbols,” said Kelly Hughes, shareholder at law firm Ogletree Deakins. “It’s not a legal requirement, but it would be a good idea to review electronic communication policies and make sure it includes the use of symbols. I think it’s become prevalent enough that it would be a good business practice to do so.”

The Problem With Emojis in the Workplace 

emoji harassment
‘I think it’s absolutely correct that emoji use … has really exacerbated the sexual harassment issues we see.’ — Kelly Hughes, Ogletree Deakins

It seems far-fetched that tiny cartoons inserted into a text message or employee Slack channel could end up as evidence in an employment lawsuit for a company. But according to legal experts, emojis have appeared in cases more frequently in recent years.

“There have been numerous cases that involve the use of emojis as well as ‘likes’ on social media that involve claims of harassment. Such communications have been cited by employers as evidence of a hostile environment,” Scott McIntyre, partner at law firm BakerHostetler, wrote in an email. “Likewise, employers sometimes rely on such symbols used by employees in a positive fashion as evidence that a claimed hostile environment did not rise to a level required to constitute actionable harassment.”

Employment law experts agree that it’s the subjective nature of emojis that can create issues in the workplace. Simply put, emojis are a form of slang and will mean different things to different people.

“One issue I read about was the use of the hands-up emoji,” said Jay Holland, shareholder and chair of the labor employment and whistleblower group at law firm Joseph, Greenwald and Laake. “In our culture it means praise. But in China, if you’re doing business there, it’s offensive. It means stay away from me. If you were to use that in a work-related occasion in China, you’re accomplishing the exact opposite of your goals.”

The appearance of professionalism is perhaps the most basic concern for employers when it comes to emoji use in employee communications.

A recent survey conducted by Robert Half found that 39 percent of senior managers said it’s unprofessional to include emojis or emoticons in work communications, but 61 percent stated it’s fine in certain situations. When researchers from the California-based human resources consulting firm asked office workers how they feel about these symbols, 59 percent replied they never or only sparingly use them, while 41 percent send them at least sometimes.

Using emojis could imply “a lack of seriousness. It takes away from your message. It’s different from social media, which has a social purpose,” said Holland. “If you put an emoji in an email to your boss, I think the boss may not think you’re that serious of a person. It of course differs between cultures and person to person.”

Further, researchers at Ben-Gurion University of the Negev in Israel found that using emojis can increase the perception of incompetence. The 2017 study shows that contrary to actual smiles, smileys decrease perceptions of competence. “Perceptions of low competence in turn undermined information sharing. The adverse effects of smiley use are moderated by the formality of the social context and mediated by perceptions of message appropriateness.”

emoji harassment
‘I wouldn’t suggest that every employer overhaul the handbook.’ — Susan Wilson, Constangy Brooks, Smith & Prophete

Although it’s possible the use of emojis can be interpreted as unprofessional, that doesn’t mean companies need to ban their use outright. Every company should have their own approach to how employees communicate with one another, according to legal experts. For example, law firms may have more formal expectations for their employees, while a tech startup may consider emoji use integral to their company culture.

“I wouldn’t suggest that every employer overhaul the handbook to make sure emojis are contained in their policies,” said Susan Wilson, attorney and co-lead of the e-law practice group at law firm Constangy Brooks, Smith & Prophete.

Wilson however, recommends that any policies regarding emoji use be consistent with company social media and code of conduct policies, meaning employees should be reminded that communication should not reflect poorly on themselves or the company.

Hughes corroborated Wilson’s position.

“Whether we’re talking about Facebook, Twitter or even LinkedIn, it’s important for these policies to link to the company’s code of conduct, including sexual harassment,” said Hughes.

Emojis and Sexual Harassment 

If emojis provide employees with another avenue for unprofessionalism, then they also provide them with another avenue for sexual harassment.

Using a smiley face or a winky face at the end of an email to lighten the tone or emphasize a joke does not necessarily qualify as sexual harassment. However, if communications between the harasser and the victim contain emojis, the pervasiveness or severity of the emoji use could be evidence of a hostile work environment.

“It could be evidence of intent to harass, to start a relationship outside of the normal workplace relationship,” said Holland. “One element of a hostile work environment claim is pervasiveness. If a harasser is regularly using emojis and upping their game, so to speak, from smileys to hearts to kissy faces, that’s evidence of workplace hostility. It’s happening. I see it happening.”

Sexual harassment is prohibited under Title VII of the Civil Rights Act of 1964, which protects against employment discrimination based on race, color, religion, sex and national origin. Although the law doesn’t prohibit simple teasing, offhand comments or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision, according to the Equal Employment Opportunity Commission.

In light of numerous sexual harassment and assault allegations against Harvey Weinstein and other Hollywood executives, NBC News and The Wall Street Journal conducted a poll that found 48 percent of women currently employed in the United States say that they have personally experienced an unwelcome sexual advance or verbal or physical harassment at work. Furthermore, the October 2017 poll found that 67 percent of Americans believe sexual harassment happens in most or almost all workplaces.

Holland said emojis in employee communications represents the highest risk as evidence in a lawsuit like a workplace sexual harassment case.

“These are issues that wouldn’t have been thought of only a few years ago. But they are,” said Holland. “Employers should get on the curve here, they’re not ahead. Well behind, in fact. They need to understand these issues and create policies to prevent these issues.”

Ogletree Deakins’ Hughes agrees. In recent years, she has seen an increase in sex harassment stemming from email and text messages. And now that emoji use has proliferated, she has also seen the symbols being used to convey inappropriate thoughts from one employee to another.

emoji harassment
‘I think these are all subsets of the same policies that companies have had in place for years.’ — David Morrison, Goldberg Kohn

“I think it’s absolutely correct that emoji use — and social media in general — has really exacerbated the sexual harassment issues we see. It’s not just in sexual harassment cases, but that is where I’m seeing most of it,” said Hughes.

David Morrison, a principal of the litigation and labor & employment groups at law firm Goldberg Kohn, disagrees with the prevalence of emojis in workplace sexual harassment cases. And although they still possess a novel quality in the personal lives of many, he doesn’t view emojis as particularly disruptive to the employment law field. From his perspective, the message may now contain cartoon faces, but the behavior is still harassment.

“I think these are all subsets of the same policies that companies have had in place for years,” said Morrison. “Those policies tend to say, ‘Don’t download vulgar things from the internet,’ ‘Don’t circulate vulgar jokes.’ The internet probably created a need to make sure companies were making policies about content we weren’t accessing at work previously. Before the internet you had the classic example of a calendar in a locker room or something like that. When the internet allowed all that content to come into the office, companies had to deal with those problems.”

Preventing Liability With Training and Compliance

It was estimated that emojis were used by 92 percent of the world’s online population in 2.3 trillion mobile messages in 2016, according to a report published by Emogi Technologies Inc., a New York-based mobile messaging company. The report also argues that emojis are the fastest-growing language worldwide.

Love them or hate them, emojis are here to stay, which may present challenges to HR departments trying to prevent sexual harassment if their senior executives are not familiar with the latest double meanings of some emojis. It’s inevitable that there will be some employers who are still confused by emojis, according to experts.

“Sometimes it’s obvious, sometimes it’s not,” Hughes said. “In sex harassment, we often see fruit representing different body parts. It may be innocuous to people who don’t understand. It can expose companies to liabilities if they’re being used inappropriately.”

There is no black and white solution to emojis as they relate to sexual harassment in the workplace. However, in order to guard against liability, it would benefit companies to conduct regular sexual harassment training, provide clear methods of reporting for sexual misconduct in the workplace and develop communication policies that they can enforce.

As with most everything, there is a rule of reason and proportionality, according to employment law experts. When it comes to updates to the employee handbook concerning emoji use in company communications, people ought to be informed of any new policy, and be given the chance to get used to it.

“An isolated use of emojis or violations of any kind, if they’re minor they should be treated as such. Any punishment should depend on the seriousness of the offense,” said Holland. “If there’s an individual using graphic or offensive emojis, that’s pervasive and that’s a hostile work environment. Something like that needs to be treated with the seriousness it deserves.”

Max Mihelich is a writer in the Chicago area. Comment below or email editors@workforce.com.

Posted on January 3, 2018June 29, 2023

Benefits Offerings Shouldn’t Be a Puzzle to Assemble

Many of our clients are waiting for the release of a technology solution that will solve all their problems. Will this be the year everything clicks into place and ongoing benefits engagement is no longer a challenge? Once we have the right tools, everything will be simple, easy and consolidated in one place, right?

If only that were our reality. What we’re seeing instead is a benefits and HR ecosystem that continues to get more crowded and more complicated. Providers are getting increasingly sophisticated in the tools and resources they offer. At the same time, employers are offering benefits from more and more providers. While the niche programs and tools are highly valuable and a great way to meet the needs of a diverse workforce, this means a more complex ecosystem for employees to wade through (and benefits pros to manage).

Before you move forward and make any significant changes to your benefits ecosystem — including adding a new communications channel or provider — consider how they will fit into your current environment. First, evaluate the different communications channels and resources you’re using today. Then determine if they create a cohesive experience for employees and how new providers and communications channels can be incorporated.

At the heart of any successful benefits ecosystem is a single dedicated and highly branded website that houses all benefits information. This education hub, or portal, connects employees to all the various administrators, programs and providers to make their transactions. It should be built outside the firewall so it’s accessible to family members. As a single go-to resource, a benefits website makes the task of adding new programs or communications channels much easier.

Once your website is in place, think about how the pieces of your communications ecosystem  — across administrators, providers and programs — fit together to move employees to and from the information they need. The most successful strategies utilize the strengths of multiple channels, and every organization needs to use several channels to reach employees and family members. As you review your current ecosystem and think about adding a new provider or communications channel to the mix, think about how to best use various tools to drive action.

  • Alerts: Text messages, notifications, calendar reminders and single-topic emails are just some of the alerts we see every day. Alerts work best when they are personalized, targeted and timely. Look for how new providers incorporate alerts into the way they stay connected to employees and be cautious that you don’t overwhelm employees with alerts (or they will start to tune out).
  • Promotions: Email, home mailers, posters and table tents are a just a handful of promotions we’re all familiar with. There are so many creative ways you can promote HR programs and resources. They can also be effective channels for your hard-to-reach audiences. These promotions point people toward education and transactional resources. Think about how you’ll use promotions to drive engagement across benefits and how you’ll make them as relevant and meaningful as possible.
  • Education: Detailed brochures, websites, videos, in-person meetings and webinars. If you’re like most employers, this is where you spend the bulk of your time and resources when it comes to communicating benefits. You explain how things work and are building channels that provide helpful information so employees have 24/7, self-service access. When you add new providers, think about how the education provided on their sites integrates with what you already have available. And, think about what you’ll need to do to get employees to use those sites.
  • Transactions: Benefits administration platforms, HRIS systems and providers’ websites can all be used to get stuff done, whether that’s enrolling, updating a beneficiary or participating in the wellness program. With mountains of personal data at their disposal, these channels create a compelling, targeted and personalized experience. But they are often full of resources that are underutilized. Plan for ongoing communication to drive usage of these platforms and tools.

A cohesive user experience is one of the biggest hurdles to ongoing engagement. While we may never have a single tool that does everything for us, looking at how all of the pieces work together and making ongoing benefits communication a priority will drive engagement.

Posted on January 3, 2018June 29, 2023

NBC’s New Anti-Harassment Policy Enters the Overreaction Phase

Jon Hyman The Practical Employer

When one of your biggest stars loses his high-profile job in one the year’s biggest sexual harassment scandals, how to you react?

With a brand new, and painfully detailed, anti-harassment policy.

Page Six [h/t Kris Dunn] details NBC’s new “Matt Lauer” harassment policy:

NBC has issued strict new anti-sexual harassment rules to employees — including that staffers must snitch on any misbehaving colleagues.

NBC employees have been ordered to report any inappropriate relationships in the workplace — and if they fail to do so, they could be fired for covering up for colleagues.

Detailed rules also have been issued about conduct in the office, including how to socialize and even how to hug colleagues.

If you wish to hug a colleague, you have to do a quick hug, then an immediate release, and step away to avoid body contact.

The snitching part, I’m more than OK with. In fact, it mirrors what the EEOC, and I, have been recommending for months — that moving forward, any anti-harassment program worth its salt must place a serious onus on all employees to report any workplace harassment. As I noted a few months ago, if you’re not taking an active role to stop harassment, you’re complicit in it; and that must stop.
The workplace hugging dance-step chart … is a bit much. This is where common sense has to kick in. If you are comfortable giving a co-worker a hug (really close friends, for example), and you know that co-worker is comfortable receiving the hug, then hug away. If you have any doubts, then don’t hug. It’s really that simple.
To me, this part of NBC’s policy seems like an over-reach. In fact, it seems a bit silly. The one reaction you do not want your employees to have to your anti-harassment policy is laughter. If they reject one part of the policy, you risk them rejecting all of it, which is very dangerous.
I fear that given the revelations of the past few months, we will see more and more employers overreact with policies that try to regulate every aspect of employees’ inter-personal relationships. Until the anti-harassment pendulum swings back to a more reasoned middle ground, we must remain vigilant in rooting out and stopping all workplace harassment, while at the same time not overreaching with policies and regulations that turn employees off from the very real and valuable message we are trying to communicate.
Posted on January 2, 2018June 29, 2023

The First Nominee for the Worst Employer of 2018 Is … the Holy Harasser

Jon Hyman The Practical Employer
The inaugural nominee for the Worst Employer of 2018 is a doozy.

I bring you (courtesy of the New York Post) the holy harasser.

A 68-year-old Manhattan accountant lured his 23-year-old clerk to his home office by saying he wanted to teach her about income-tax returns — then claimed God wanted her to be his sexual plaything, according to a new lawsuit.

Eileen Kim claims in the new Manhattan Supreme Court suit that married boss Young Tai Choi’s creepy behavior started weeks after she went to work for him in January at his East 30th Street home office.

“Choi began telling her that she needed to come in after hours for ‘alone sessions’ with him on Sundays to teach her about personal income-tax returns and accounting,” according to court papers.

During the session, he told the churchgoing New Jersey resident that “she was an angel sent to him for sex and compared himself and her to Adam and Eve,” according to court papers.

When Choi yanked her onto his lap and tried to kiss her, she screamed and pushed him away, the suit says.

Kim is suing for unspecified damages.

Choi told The Post that Kim was the seductress and denied her allegations.

Please also read: The Worst Employer of 2017
You can read the full complaint [pdf] here.
Happy new year, indeed.
Jon Hyman is a partner at Meyers, Roman, Friedberg & Lewis in Cleveland. Comment below or email editors@workforce.com. Follow Hyman’s blog at Workforce.com/PracticalEmployer.
Posted on January 1, 2018June 29, 2023

Plugging In: Technology Continues Its Surge Through HR Departments

Human resources technology managers are hot commodities.

The most desirable are well versed on the latest cloud-based platforms and apps, but that’s not all.

They have deep experience with project management. Perhaps more importantly, they also keenly understand the full life cycle of HR processes, from recruiting to succession planning — the better to direct staff in implementing new HR systems.

They’re on top of the critical roles that mobile and social play in recruiting new hires and engaging current employees. They can coordinate country-specific services with global HR systems. They know how to respond to the latest cyber security challenges threatening HR personnel. And, at a time when workforce analytics are becoming critical to organizations’ overall operations, they collaborate well with other departments that rely on people-based data to direct business decisions.

The need for this new breed of HR technology manager isn’t just at the top. Companies’ quest for HR technology staff who can tackle the latest and greatest extends from HR information services department heads to mid-level systems analysts and entry-level workers who can maintain workforce apps.

Demand for HR talent with the right mix of skills, experience, project management and process expertise is strong enough in some parts of the country it’s driving up compensation. Alfonse Visco, HR director at Computer Generated Solutions, Inc., in New York, increased the salary for an HRIS coordinator position he’s trying to fill by 20 percent more from what he would have offered a few years ago, or “even from one and a half years ago,” he said.

Other HR executives are using the carrots of better work, perks and work/life balance to make their HRIS job openings stand out. In addition to better work/balance, Anand Sampath, senior manager for HRIS at Boston Children’s Hospital, emphasizes the opportunities HR technology staff have at the 415-bed facility that they might not get elsewhere.

“It could be projects and initiatives that help someone’s career,” Sampath said. “Those are the kinds of things I try to offer, within reason.”

HR’s Digital Makeover Is Contributing to Demand

Interest in HR technology personnel with up-to-date skills has risen as more enterprises move from on-premise HR software to cloud-based services and smaller organizations graduate from Excel or paper systems to similar online workforce platforms. It’s hard to name an HR function that in the past few years hasn’t gotten , whether it’s recruiting and onboarding, team collaboration, training, performance reviews, benefits and wellness, engagement or managing contingent workers.

“Of all the companies ripping and replacing technology, the number one reason they’re doing it is because they want it to be easier to use for employees,” HR analyst Josh Bersin said during a workforce technology conference talk last year. “We’ve moved from HR technology designed to automate processes” to systems that encourage engagement to make employees’ work life better, said Bersin, principal and founder of Bersin by Deloitte, Deloitte Consulting LLP.

The need for HRIS staff could be one reason that unemployment for HR jobs overall stood at 2.2 percent in December 2016 compared to 4.7 percent for all jobs in the country. LinkedIn, Indeed and Monster list tens of thousands of open HR technology positions at all levels. The Labor Department’s Bureau of Labor Statistics predicts overall positions for HR managers, including HRIS specialists, will increase close to 9 percent through 2024, compared to 7 percent for all occupations.

Overseeing Local and Global HR Technology

As companies pile on HR technology applications, they’re looking for HRIS specialists with experience getting multiple platforms to work together. That’s no simple feat at a time when large enterprises use dozens of HR apps or more. Companies with global operations also need HR technology managers who can oversee centralized HR platforms for some functions, and country-specific ones for others. These same technology executives must stay abreast of HR regulations everywhere the business operates, and of the latest security safeguards worldwide.

At Computer Generated Solutions, the HRIS coordinator job Visco is filling is based in New York and primarily manages HR services for the company’s U.S. workforce. However, the privately held enterprise software and outsourcing services provider is rolling out a global recruiting platform that country-specific applicant tracking systems will feed data into. The HRIS coordinator will need to ensure data from country-based ATS platforms is clean. “Sometimes it’s hard to find someone with all those skills upfront,” Visco said. “You need someone who has a spark, who can learn and has a will to learn.”

CGS, which maintains a 100-person HR staff for a global workforce of 7,500, digitized HR functions in 2008 and moved to web-based HRIS functions in 2011. In the past year, the company made a broader push into social media, security and cloud-based applications. Getting better workforce data and giving employees more access to people-related functions drove the changes, Visco said.

Five years ago, understanding how Facebook, Twitter and other social media platforms fit into recruiting or employee engagement would have been an afterthought on an HR technology manager’s resume. Now it’s a critical piece of the puzzle, Visco said. Today, social media use is so second nature for many younger workers “the social aspect isn’t difficult to find,” he said.

In the New York area, salaries for senior-level HRIS positions run from $80,000 to $120,000, said Tali Rabin, CGS’ senior vice president of HR. Along with technology skills, managers at that level also need to have “the DNA” to work well with people and to work at the fast pace that the company has adopted to keep up with digital-era changes. “As I look back on my 20 to 25 years of experience, it’s totally different, even from the past five years.”

Despite competition for HRIS staff with the right skills, CGS has not had problems attracting prospects for entry-level positions, most likely because the job is based in New York, which has an abundance of potential candidates, Visco said.

HR Processes Vs. Vendor Apps

Boston Children’s Hospital is typical of organizations overhauling operations to be more responsive to customers — in their case patients — and employees, and to prepare for future growth. Upgrading HRIS is part of that, creating a need for HR technology staff that can help manage the process.

The hospital, which has 11,400 employees and a six-person HRIS team in its 90-person HR department, is just starting a major update of its human capital management setup. Existing systems, which are more than 10 years old, include on-premise software from Oracle PeopleSoft for core HR technology and IBM Kenexa Brass Ring’s cloud-based recruiting platform. They also include a cloud-based NetLearning learning management system from HealthcareSource.

The hospital’s core HCM system will likely remain on premise but Sampath, the senior HRIS manager, said at some point he might look at switching to the cloud. Regardless, the hospital already uses enough other cloud-based HR technology that it’s critical for HRIS staff be able to collaborate with vendor representatives as services are being adopted and on an ongoing basis. “Say you have tickets the vendor has to resolve or you need them to be part of an initiative,” Sampath said. “The actual work will be done by the vendor but (staff) has to explain what needs to be done and the timelines.”

When Sampath hires staff, as he now for an open HR systems analyst position, he prioritizes candidates that have experience with HR processes over candidates with experience on a specific vendor’s platform. Applications are easier to learn and run than they used to be, and platforms change all the time, he said. It’s more important for a candidate to understand the workforce lifecycle from recruiting to open enrollment to retirement so they can connect the dots and be more effective in their role. “I can train people on applications,” Sampath said. “It’s hard to teach process and business functions if you haven’t lived through them.”

Demand for HRIS analysts is so high, even prestigious workplaces like Boston Children’s Hospital, which is affiliated with Harvard Medical School and ranked nationally in 10 pediatric specialties by U.S. News and World Report, faces stiff competition. An abundance of opportunities in the Boston area is one factor, as is the need for smart HRIS personnel across industries. “We’re competing with financial services and startups” for the same talent, Sampath said.

Historically, outside consultants for technologynology integration specialists or consulting firms were a steady source of job candidates. But videoconferencing, mobile apps and other technology have cut down the time HR technology consultants spend on the road, making them less interested in in-house jobs as they used to be, Sampath said.

That’s where being able to offer someone interesting projects, a positive workplace culture, and better work/life balance comes into play, he said.

Replacing Clerical Staff with Business Analysts

HR technology that gives employees direct access to payroll, benefits and other people-related services has rendered many HR clerical jobs obsolete. According to BLS forecasts, jobs for HR assistants, minus payroll and timekeeping, are expected to shrink 4.1 percent by 2024.

Some HR departments have responded by replacing HR administrator positions with jobs for systems analysts who implement and maintain HR technology apps, and collaborate on reports or projects with other departments.

The HR department within the Middlesex County, New Jersey, county government went through just such a transformation. Before 2013, the county’s HR department used mainly manual processes. “It was paper driven, with file cabinets all over the place,” said John Pulomena, administrator for the north-central New Jersey county, which has 25 cities and 825,000 residents and is the second largest in the state. “Any time an employee had a question they had to call the HR office.”

That year, the county rolled out a cloud-based HR platform, beginning with payroll, as part of a larger initiative to automate county services. The platform, from Unicorn HRO LLC, has a self-service portal so employees could look up things like how many sick days they had accrued on their own. It allowed the HR staff to function as business analysts and focus on more big-picture issues, such as types of benefits the agency should offer, Pulomena said.

After the switch, the county trimmed five positions from its 25-person HR department and moved from a 50-50 mix of clerical and skilled positions to mostly skilled work. For HR staff in clerical roles who couldn’t perform in an analyst capacity Pulomena found jobs in other county departments that were a better match for their skills. Other people retired and or left the agency. “When we backfilled, we backfilled with people with skills we needed,” he said.

Today, the county’s HR staff is split between a core HR office of 10 and HR personnel who are embedded in various county departments but meet regularly for training and other work issues.

The upgrade has been a boon for HR department staff, which is enthusiastic about the role they’ve played in making people-management processes more efficient and effective for the county’s approximately 2,000 employees. “They don’t have to focus on data entry and sitting in front of a computer analyzing numbers,” Pulomena said. “They can look at what we should be doing to enhance the experience of our employees.”

Michelle V. Rafter is a contributing editor in Portland, Oregon. To comment, email editors@workforce.com.

Posted on December 28, 2017June 29, 2023

Companies Eagerly Tapping Into Self-taught Tech Talent

In the war for talent, programmers and software engineers are often seen as the ultimate prize.

technology
It’s easy to scan résumés for degrees and universities, but how do you compare candidates who learned to code at a two-month boot camp or via YouTube videos?

These technical geniuses are considered among the most difficult talent to attract and retain, adding time and cost to the recruiting process. A 2016 survey from Indeed found 86 percent of companies face challenges finding technical talent, and they find that applicants often meet less than half of the criteria in their job posts.

Perhaps that is part of the problem.

Indeed’s survey also found that nearly a quarter of respondents still think an Ivy League degree is “very important” when evaluating technical talent. Yet 90 percent of developers recently surveyed by Stack Overflow said they were at least somewhat self-taught, and about one-third thought formal education was not important to their career success.

With the soaring cost of four-year college tuitions and increasing number of low-cost boot camps and free online courses, aspiring programmers have a lot more options to learn their craft — some seen as more valuable than a traditional degree.

“You don’t learn to program in college,” said Bob Graham, co-founder of Event Temple, a venue management software firm in Vancouver, British Columbia. Graham taught himself Ruby on Rails, CSS, HTML and other programming languages using online tutorials and coding websites, and as a business owner he seeks out self-taught tech talent.

“Self-learners also tend to be more passionate about coding,” said Graham. He finds these candidates are more up to date on industry news and new codes, and that they like to build things on the side for fun. “They see coding as a lifestyle, not a job.”

Kieran Snyder, CEO of Textio, a Seattle-based “augmented writing platform” for recruiters, has a similar opinion. Like Graham, she taught herself to program and now actively recruits “career changers” because they have more hands-on experience actually solving problems with code compared to their degreed peers.

“Candidates with computer science degrees are really well-versed in design theory,” she said. But unless they’ve had internships, they often struggle with the transition to a production environment. While self-learners lack the theory, they tend to be better at solving real-world problems because that’s how they learned, she said.

Recruiting Self-learners

That is the kind of talent most companies want on their team, yet finding passionate self-starters can be tricky. It’s easy to scan résumés for degrees and universities, but how do you compare candidates who learned to code at a two-month boot camp or via YouTube videos?

To start with look at what they have done, not where they learned, Snyder said.

“A four-year degree is awesome, but it is not a skill,” Snyder said.

Textio asks candidates to include examples of how they changed direction in their lives or careers in their applications. “Whether it’s going back to school, learning a language or changing careers, it demonstrates a love of trying new things, which is important in a start-up,” she said.

At Event Temple, recruiters let the work speak for the candidate. His team reviews GitHub and Stack Overflow to see how candidates remain active in the coding community, and they search for examples of side projects, volunteer work with coding groups and online samples of their code. “When people teach themselves to code, they need to build things,” he said. Looking at the language they used and the problems they solved on these projects can provide great insight into their talents.

Snyder also suggests reaching out to local boot camps and code academies for recommendations. After hiring several students from ADA, a local coding school in Seattle, they began reaching out with suggestions of promising candidates. “There are some incredible developers in these programs and once you show interest they will come to you,” she said.

Once recruiters narrow the list of candidates, they should test their skills by presenting them with coding problems that occur every day in the workplace to see how they respond, Graham said. “If they can’t talk through how they would solve the problem in an interview, they won’t be able to do it on their own.” He urges recruiters to include programmers in these interviews. “HR won’t know what questions to ask or what the answers should be.”

Companies may struggle to give up their vision of an Ivy League programmer, but expanding the search to candidates who learned on their own and can prove they know how to write great code can help them find better talent faster, Snyder said. “If you focus on the skills not the degree, you can find great people for your team.”

Sarah Fister Gale is a writer in the Chicago area. Comment below or email editors@workforce.com.

Posted on December 26, 2017June 29, 2023

Helping HR Care for the Business Traveler

Imagine it’s late evening and an unexpected incident has occurred somewhere in the world. Does your company know where its traveling employees are? Could they determine within minutes who was impacted, safe or might need assistance?

business travelIn the year ahead, we expect employee safety and duty of care to remain a top business priority. Businesses will scrutinize their data, systems, processes and procedures to determine how they can improve their ability to ensure employee safety when the unfortunate occurs. Human resources will continue playing an important role in this.

In light of terrorist attacks and natural disasters in an increasingly global economy, business traveler safety is a growing concern. More and more companies are sending their employees out to do business worldwide, meaning employees are entering potentially unpredictable environments and need to be equipped with key safety information, and peace of mind that their employer will be there in the face of an emergency.

Duty of Care in Today’s Organizations

Duty of care responsibilities span multiple departments, including human resources, corporate travel, security and legal. This can mean a lot of gray area and potential confusion around who is ultimately responsible to fulfill this need. A recent report by the Global Business Travel Association Foundation found three in five travel managers rely on travelers to contact them during times of crisis and uncertainty, whereas 58 percent of travelers say they would contact their supervisor, not a travel manager, if in need of support or assistance in such a situation.

In addition to protocol issues, there’s a lack of education and awareness of the tools employees could be provided or how employees should react in the event of a safety incident. Only three in five (62 percent) travelers are given pre-travel information and even fewer (53 percent) are given information on local providers for medical and security assistance services before leaving the country.

Duty of care is a company’s obligation to ensure the safety and security of their employees. In addition to a moral component, it also has both legal and business components HR teams should be aware of:

  • Liability and obligation: Most countries have local regulations requiring employers to provide a safe work environment. With international travel, these legal duty of care obligations aren’t always clear, but legal experts say this does not necessarily mean there are no legal obligations for the health and safety of business travelers abroad.
  • Business risks: By having a meaningful, surefire plan in place, HR professionals are able to protect their greatest assets — their employees — in addition to the business at large. A poorly managed traveler emergency can also negatively impact a business’ competitive advantage, business continuity and financial health.

HR’s Role in the Year Ahead

HR professionals can help alleviate risks and take steps to help ensure the safety of employees:

  1. Develop a cohesive and comprehensive employee safety policy. HR professionals are increasingly responsible for workplace safety and security matters, including program and policy development. To create a comprehensive workplace safety policy, travel risk management must be a core part of it. HR and corporate travel teams should work closely to align travel and on-site safety risk programs and clearly communicate those policies to mitigate employee confusion.
  2. Educate employees on resources and procedures. A key role of HR is to deliver employees the appropriate education and resources to ensure a safe and thriving work environment. The effectiveness of workplace safety and security measures will depend on an organization’s ability to communicate these initiatives. By creating an ongoing employee engagement strategy complemented by resources and training, HR can partner with corporate travel to keep employees educated and up-to-date on travel risk management policies and protocols.
  3. Provide integrated technology solutions employees can access anywhere, anytime. Once employees are on the road, companies need the ability to locate and communicate with them immediately if an incident occurs. Every extra minute spent trying to get in touch could be putting them in greater risk. Organizations that use technology leveraging up-to-date business traveler data and 24/7 monitoring and communications services can rest easy knowing they can help guide employees to safety in the event of a crisis.

Mike Eberhard is the president of Concur, which provides travel, expense and invoice management solutions. Comment below or email editors@workforce.com.

Posted on December 21, 2017June 29, 2023

Here’s to 2018 — Wellness, Harassment and Tax Reform’s Effect on Drug Prices

Slovenia
The author and her great aunt stand atop a peak in Slovenia that overlooks Bohinj Valley, part of Triglav National Park. A sojourn back to Slovenia awaits in 2018.

It’s the end of 2017, which means I’ve thinking a lot about what I’m looking forward to in 2018.

There are the personal thoughts, like my extended family’s pilgrimage to Slovenia, the country my grandparents immigrated from. I’m looking forward to a two-day hike up a mountain, followed by a party in a castle with at least 17 of my family members once we descend back to sea level. And then there are work things — topics I’ve grown attached to while researching and covering them this year.

I can’t say I know what developments will happen with these issues, obviously, but they’re issues I’m looking forward to keeping up with next year, and issues that could greatly impact employers.

Wellness Incentives: Ahhh, my pet topic, the one has been a constant since I began this blog for Workforce a year and a half ago. When is a wellness program truly voluntary, and when are a program’s incentives coercive? AARP even filed a lawsuit against the EEOC regarding their final wellness rule, and now the EEOC has to defend its definition of “voluntary.” The question is, if a participating employee gets to pay 30 percent less on insurance premiums for joining a wellness program, is it truly voluntary? That’s a lot of money. And the number 30 really wasn’t rendered with any specific reasoning to begin with.

I’d need to speak to a legal expert in more detail about this case against the EEOC to understand the full scope of this suit. That being said, regardless of how large or small this scope is, it brings up issues that are critical to how companies set up and manage wellness programs. Will the wellness program of 2018 be significantly different than the wellness program of 2017? We’ll have to wait and see.

I’ve yet to find out anything new that has surfaced regarding this lawsuit since the story broke in August. As far as I can tell, the EEOC hasn’t explained its logic behind the percentage. If you come across anything on this, feel free to share it with me. Meanwhile, I’ll be on the lookout for new info.

Harassment: Then there is that Harvey Weinstein-sized elephant in the room to tackle. Workplace sexual harassment awareness has been gaining momentum these past few months, to state the obvious.

I’m curious what will happen with this next year. Despite some people’s claims that the pendulum has swung too far the other way now that a handful of prominent men have resigned or been fired due to sexual harassment or assault allegations, the pendulum has not even begun to swing. This is just the tip of the iceberg. Few people have actually taken responsibility or received jail time for sexual assault/harassment.

A recent NPR article explained how the standard for harassment under the law is so high that only 3 to 6 percent of cases make it to court, and only 2 percent of plaintiffs win their case. I’m curious in the following year what direction this will all go in. Will the #MeToo movement prompt changes in the law at all, like in the legal definition of harassment? What about NDAs? Will anything change in the court — not in the court of public opinion, but in courts that can actually punish people for serious crimes?

The Tax Bill: Many publications have posted workforce implications with the massive tax overhaul, like how commuters might lose transit benefits or how businesses realistically would spend its tax cut money. I was most interested in a throwaway line in a Washington Post article:

“Analysts predict that health insurers and pharmacy benefit managers will see profits 10 to 15 percent higher under the tax overhaul — money they could potentially put into lowering premiums for customers.”

Interesting thought. I have not been able to track down which analysts made this prediction. That being said, I’ll take this at face value for the sake of this argument. Let’s say employers and their employees see lower health and pharmacy costs. My question is, will this be enough to ease the tension of the employer-PBM relationship? PBMs, which act as the prescription-drug middleman between drugmakers and employers, haven’t exactly gone through 2017 free of scrutiny.

pit bull
Ringo the pet pit bull will not be making the family sojourn to Slovenia in 2018.

PBMs have their value. But some employers have been frustrated in recent years as prescription drug prices have risen, especially for specialty drugs.

They’ve also been frustrated with the lack of transparency and vague contracts in the PBM space, according to my sources in an article I wrote in the July/August print issue of Workforce.

What I’m curious about regarding the tax reform bill is, even if prices drop, would they lower enough for employers to forget about their transparency and contract frustrations? I’d expect not, but that’ll be something to look out for next year. Will employers and employees see their prescription drugs costs lower, and if they do, will that ease the criticism leveled against the PBM industry?

Now I’m off for the rest of the year to spend some time with my family and an adorable pit bull (who unfortunately cannot attend the big European trip with us. At 65 pounds, he can’t do air travel). Happy holidays, readers, and see you in 2018!

Andie Burjek is a Workforce associate editor. You can find Workforce on Twitter at @workforcenews. Comment below or email editors@workforce.com.

Posted on December 21, 2017July 30, 2018

The 12 Days of Employment Law Christmas (2017 edition)

Jon Hyman The Practical Employer

For the past five Noels, I’ve concluded my posting year with “The 12 Days of Employment Law Christmas.” As this has become a year-end tradition at the blog, I’m sharing it again with updated verses and links. If you’re feeling brave, post a video of yourself singing along.

(Some musical accompaniment)

On the first day of Christmas,
my employment lawyer gave to me
Harvey Weinstein in a pear tree.On the second day of Christmas,
my employment lawyer gave to me
2 labor changes,
and Harvey Weinstein in a pear tree.

On the third day of Christmas,
my employment lawyer gave to me
3 data breaches,
2 labor changes,
and Harvey Weinstein in a pear tree.

On the fourth day of Christmas,
my employment lawyer gave to me
4 collective actions,
3 data breaches
2 labor changes,
and Harvey Weinstein in a pear tree.

On the fifth day of Christmas,
my employment lawyer gave to me
5 harassment claims,
4 collective actions,
3 data breaches
2 labor changes,
and Harvey Weinstein in a pear tree.

On the sixth day of Christmas,
my employment lawyer gave to me
6 Facebook firings,
5 harassment claims,
4 collective actions,
3 data breaches
2 labor changes,
and Harvey Weinstein in a pear tree.

On the seventh day of Christmas,
my employment lawyer gave to me
7 workplace posters,
6 Facebook firings,
5 harassment claims,
4 collective actions,
3 data breaches
2 labor changes,
and Harvey Weinstein in a pear tree.

On the eighth day of Christmas,
my employment lawyer gave to me
8 LGBT discriminators,
7 workplace posters,
6 Facebook firings,
5 harassment claims,
4 collective actions,
3 data breaches
2 labor changes,
and Harvey Weinstein in a pear tree.

On the ninth day of Christmas,
my employment lawyer gave to me
9 OSHA penalties,
8 LGBT discriminators,
7 workplace posters,
6 Facebook firings,
5 harassment claims,
4 collective actions,
3 data breaches
2 labor changes,
and Harvey Weinstein in a pear tree.

On the tenth day of Christmas,
my employment lawyer gave to me
10 FMLA notices,
9 OSHA penalties,
8 LGBT discriminators,
7 workplace posters,
6 Facebook firings,
5 harassment claims,
4 collective actions,
3 data breaches
2 labor changes,
and Harvey Weinstein in a pear tree.

On the eleventh day of Christmas,
my employment lawyer gave to me
11 employee handbooks,
10 FMLA notices,
9 OSHA penalties,
8 LGBT discriminators,
7 workplace posters,
6 Facebook firings,
5 harassment claims,
4 collective actions,
3 data breaches
2 labor changes,
and Harvey Weinstein in a pear tree.

On the twelfth day of Christmas,
my employment lawyer gave to me
12 accommodations,
11 employee handbooks,
10 FMLA notices,
9 OSHA penalties,
8 LGBT discriminators,
7 workplace posters,
6 Facebook firings,
5 harassment claims,
4 collective actions,
3 data breaches
2 labor changes,
and Harvey Weinstein in a pear tree.

Merry Christmas and happy holidays!
I’ll be back on Jan. 3 to kick off 2018 with the first Worst Employer nominee of the new year.

Jon Hyman is a partner at Meyers, Roman, Friedberg & Lewis in Cleveland. Comment below or email editors@workforce.com. Follow Hyman’s blog at Workforce.com/PracticalEmployer.

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