Spotify recently announced that it is acquiring The Ringer, one of the most prolific and popular podcasting networks.
Spotify also indicated that it intends to hire all of The Ringer’s 90 employees, most of whom work on theringer.com, which covers sports and culture and which Spotify indicates it will keep up and running.
Last summer, 66 of those 90 employees signed union-authorization cards stating their support for the Writers Guild of America East to represent them as their collective bargaining representative. Shortly thereafter, The Ringer management voluntarily recognized the Guild as the union representative for its employees.
What does this mean for Spotify? Is it acquiring a labor union as part of its purchase of The Ringer? Like most legal questions, the answer depends on a number of factors.
The primary question relates to the structure of the deal itself. Is it a stock purchase or an asset purchase?
If itâs a stock purchase â the buyer is acquiring all of the stock of the seller â this issue is much easier to solve. In a stock purchase, the buyer stands in the place of the seller and becomes responsible for all of the sellerâs obligations, including its union-related obligations and any existing collective bargaining agreements. In other words, if Spotify purchased all of the stock of The Ringer, then Spotify is almost certainly acquiring its union and related obligations.
The fact that Spotify said that it intends to hire all of The Ringerâs employees, however, makes me think this deal is an asset purchase and not a stock purchase. And in an asset purchase, these issues are much more complex.
In an asset deal, the buyer assumes some, but not necessarily all, of the sellerâs union-related obligations, but only if the buyer is a âsuccessor employer.â A buyer is deemed to be a successor employer when it continues the predecessorâs business and hires a majority of its employees from the predecessorâs union employees.
A successor-buyer must recognize and bargain with the union, but it does not necessarily adopt the predecessorâs collective bargaining agreement. Instead, the buyer is usually free to set its own initial terms and conditions of employment before bargaining in good faith to a new collective bargaining agreement (as long as the buyer does not mislead employees into believing they will be re-hired without changes to their terms and conditions of employment, which will lock the buyer into the old agreement).
What I hope you take away from todayâs post is the complexity of these issues. If you are involved in the sale or purchase of a business that has unionized employees, you absolutely need to involve labor counsel in the deal so that the parties understand what union-related rights are being bought and sold.
Many American companies are missing out on employees who have the potential to transform their perspectives and increase their profits. Specifically, theyâre overlooking a significant swath of the U.S. population â the 70 million Americanswho have a criminal record.Â
This isnât to say progress hasnât been made to re-integrate this group back into the working world. Recently,the Fair Chance Act was signed into law by President Donald Trump as part of the National Defense Authorization Act. The law prohibits the federal government and federal contractors from asking about an applicantâs criminal history prior to the conditional offer stage.Â
With this recent law, the White House is joining the 35 states and over 150 cities with similar âban the boxâ policies. Such âban the boxâ policies help remove barriers for people with criminal records during the hiring process by delaying questions about oneâs criminal history from the initial part of the hiring process.Â
This is a part of a larger criminal justice trend taking shape across both the public and private sectors. Many organizations and corporations, including Coca-Cola, American Airlines, Google, Facebook, and others, signed on to theFair Chance Pledge launched by the Obama Administration.Â
Slack, in partnership with the Kellogg Foundation and others, launchedNext Chapter, a pilot program designed to help formerly incarcerated individuals succeed in tech. Providing these opportunities to qualified candidates adds stability to workersâ lives and, by extension, helps strengthen communities. Thatâs a message companies want to get behind, and with good reason.Â
After all, fair chance hiring is built on the premise that everyone, regardless of their background, should be fairly assessed for a role they are qualified for, including those with criminal histories. Candidates that fall into this category are often eager and driven but overlooked for past infractions that may or may not have any connection to the role for which they are applying.Â
Fair chance hiring lowers recidivism and enables individuals with arrest or conviction records â and their families â to get back on their feet and reintegrated into society. But in my experience, it benefits employers just as much, if not more.Â
Take my employer, for example. At Checkr, fair chance hiring is deeply embedded into both our culture and our process, which is fulfilling to me on a personal level as a former public service attorney for the Department of Justice and the Federal Trade Commission. In terms of hard numbers, about 6 percent of our employees are fair chance, and 72 percent have moved up at Checkr or gone on to new positions elsewhere.Â
If fair chance hiring is something youâd also like to consider at your organization, here are a few benefits you can expect.Â
Develop a competitive edge through a broader talent pool. Given how tight todayâs job market is â the Bureau of Labor Statistics reports that the current unemployment rate is hovering around 3.5% â employers canât afford to turn away qualified applicants. And becauseone in three American adults has a criminal record, automatically excluding anyone in this category necessarily means that you are missing out on good people. A broader talent pool means better, stronger hires, which in turn gives you a valuable competitive advantage.
Diversify your employee base. In America, the burden of incarceration isborne disproportionately by underrepresented minorities. When companies hire from this talent pool, theyâre not just bringing on racial diversity, theyâre also opening their doors to people who are likely to have different abilities, education levels and economic statuses. A more diverse team means different perspectives and new ways of looking at challenges, which ultimately lead to creativity, innovation and disruption.Â
Get a better return on investment. Fair chance hiring practices offer a significant return on investment, both from a performance and retention perspective. In fact,a study of John Hopkins Health Systems & Hospital (which has employed hundreds of people with criminal backgrounds since 2000, making up 5 percent of their workforce) found that, over a four-year period, fair chance employees had a 43 percent higher retention rate than employees without a criminal record.
If you truly incorporate fair chance hiring as part of your corporate mission, the positive effects will astound you. Not only is it the right thing to do, but you will reap rewards far in excess of what you sow through a diversified, loyal, and passionate employee base.
In 2018, 40 states put through legislation on pay equity practices.
There is no shortage of laws that give all people the right to be free from discrimination in compensation, including the Equal Pay Act of 1963, Title VIl of the Civil Rights Act of 1965, the Age Discrimination in Employment Act of 1967, and Title I of the ADA Act of 1990.Â
Pay equity is a critical issue for our time. Itâs proven to drive profits for companies that support it. So why is it taking legislation to get companies to move towards a more fair and equitable pay system?
Perhaps it’s the misperception that pay equity means treating everyone the same way. But equal doesnât mean fair. The goal of pay equity is not to treat everyone the same â itâs actually just the opposite. You can treat people fairly and still treat them differently. Factors such as educational background, tenure, skill, quality of work, etc., are all variables that can, and should, be factored into the mix. But, biases based on personal attributes, such as race, gender, age, disability, sexual orientation and more, are variables that should not affect pay.
Pay equity is equal pay for work of equal value. It is also used to describe pay comparisons where there is no unexplained difference pay, and that is not the result of defensible and legitimate factors. Therefore, pay inequity is any difference in pay that is unexplained, or not the result of defensible and legitimate factors.
According to the World Economic Forum Global Gender Gap Report for 2018, which benchmarks 149 countries on their progress toward gender parity, the US ranked No. 51 in the world. We can do better. By comparison, Iceland, Norway and Sweden occupy the top three spots. And, although many countries have achieved important milestones toward gender parity, much still needs to be done.
Pay equity includes total compensation â including overtime pay, bonuses, stock grants, profit sharing and bonus plans, and yes, life insurance, PTO and holiday pay, travel allowances, reimbursement for travel expenses. However, we need to remember all the processes that result in a worker paycheck, including promotions, performance reviews, merit raises, access to the CEO and representation on the leadership team since they all can impact pay differences over time.Â
And, while individual organizations have their own formulas for fair and equitable compensation, everyone will benefit by evaluating pay equity in the broader ecosystem. Solving pay equity comes from organizations and their leaders who take ownership of culture, pay programs and total rewards.
The first step is for organizations to be willing to take a look at their own data and processes.  And then be willing to acknowledge it if there are issues around pay equity and work to solve for it. Some may desire to make their process and findings public inside their companies, and then share the plan to monitor it regularly to ensure continued pay equity.  Â
 Here are three things to get started:Â
Analyze average pay of people within an organization to find patterns. Start by role-to-role comparisons, then group to group, the protected classes.
Evaluate the hiring processes to ascertain diversity of teams and the ways in which your process results in a wide range of candidates.
Evaluate the processes which reward, promote, and give feedback to your workforce.  Are they equitable or did the majority of raises go to one gender, racial, or age group?
 To solve for pay equity issues we must look closely at representation. We need more women, people of color, and the LGBTQ community in leadership positions such as on corporate boards. According to Heidrick & Struggles, men hold 93 percent of the CEO positions in U.S. companies. Further research from ISS Analytics found that the percentage of female directors is just 24 percent in the United States.
Total rewards programs include anything that signals to the employee that they are important. The most effective total rewards programs are enacted through the lens of inclusion and take into consideration representation from under represented groups.
Itâs also critical to be transparent as to how rewards are given out and how employees can navigate the system. Today, most employees do not have any idea how their pay packages are put together. An organizationâs goal is transparency so that people understand how to navigate the culture and achieve their potential at work, which affords them the chance to have a great life.
For example, ACIPCO, an international provider of clean energy technology and services, provides quarterly profit sharing, an on-site health care facility and rewards workers for good tips/suggestions. They also give access to the company plane and yacht when employees need it â and this is not based on hierarchy, everyone gets access. Itâs no wonder that they consistently land on Fortuneâs 100 Best Companies to Work For and, in an industry where turnover is 80- to 100 percent, they have less than .05 percent a year.
Starbucks offers free Spotify premium and free online classes at Arizona State University and, of course, free coffee. Netflix offers one-year parental leave and Salesforce.com provides commuter benefits, educational reimbursement, refinancing of student debt and 24-hour travel assistance.
Because of the impact on culture, customers, and on the regulatory environment, itâs vitally important that attention to this comes from the C-suite, not just from HR. The critical role for HR is to observe, rebuild systems, make sure the data is accurate and challenge the C-suite and the existing ways of doing things to be the champion of the people experience.Â
Here are the takeaways:Â
Donât shy away from the issue of pay equity. Embrace its importance and build processes around the issue rather than waiting for federal or state laws to dictate what you need to do.
Analyze and understand current plans that are in place. If a woman or minority is disadvantaged from the start of employment, thatâs a problem that will grow exponentially.
Consistently look at and monitor the process, review it and test it.
Assess gaps from these measurements and make changes accordingly.
Institute transparency between employees and leadership so that youâre setting the narrative and telling your own story rather than allowing social sharing to drive it and derail it.
 In short, paying people fairly is a great idea for many reasons and a great business practice. Donât be afraid to look at your own pay equity issues. Itâs better to be in the know.Â
The result is a boost in reputation, the ability to recruit the best talent and to provide employees the ability to maximize their contributions to the organization.
Late last year McDonaldâs Corp. Chief People Officer David Fairhurst left the fast-food giant just one day following Chief Executive Officer Steve Easterbrookâs termination after violating company policy by having a consensual relationship with an employee.
The sudden departures caused a major shift in the McDonaldâs C-suite, leaving new Chief People Officer Mason Smoot to deal with the fallout. When that kind of responsibility falls to the chief people officer, what should they do?
Eugenie Fanning, vice president of people at commercial real estate company SquareFoot, looks at the chief people officerâs overall role in the workplace before diving into the nitty gritty. According to Fanning, a chief people officer owns the strategy and execution in bringing and retaining top talent to the workplace.Â
âThey must be able to see the business from the perspective of each employee â both new hires and veteran leaders â and to represent all of those views when coaching senior leadership on communication, management and planning,â Fanning said in an email interview. âThis all feeds into the maintenance and care of culture, which everyone contributes to in their own way.â
In recent years, there has been some rebranding around human resources, Fanning said. HR is now often labeled as âpeopleâ with the emphasis being more focused on employee engagement rather than paperwork and bureaucracy. âCPOs are emerging as stakeholders in the overall long-term success of companies,â Fanning said. âThe evolution of this role is a long time coming. While it may crop up more in growing companies looking to standardize processes, itâs a growing trend everywhere.â
Eugenie Fanning
While CPOs generally tend to operate behind the scenes, they play an important role in coaching and directing the behavior of those within the organization. If a scandal does occur, the counsel of the CPO decides what should be said and done going forward while also focusing on how well employees will receive the message.Â
âWith the appointment of a CPO, the organization has brought on someone they believe embodies their culture, vision and values and who can reinforce those values at all times,â Fanning said. âWhatever the message is, it should represent the views of the company and its leadership.â
Fanning also emphasized how vital it is that the chief people officer be secure in their morals and messaging when put in such a situation.Â
âThere is no black and white answer in many situations and never a set process that guarantees to work all the time,â Fanning said. âYou need to be able to analyze whatâs happening, detect its impact on the company and employees and help manage the best course of action to rectify the situation in a timely manner.âÂ
Fanning suggests three basic best practices for chief people officers to keep in mind if they ever find themselves or the organization in a scandal:
Donât panic. Employees look to the CPO to know how they should feel and react to the situation and will emulate their behavior.
Understand the repercussions. Look at the situation from all perspectives and make sure to have the vision to see what could happen in the coming weeks.
Earn a seat at the table. Once the company is back on solid footing, the CPO can emerge as a reliable voice of skepticism.Â
The chief people officer is seen as a partner to everyone in the company. Whether there is a scandal, they are there to help guide internal and external communication and to maintain a support system for all employees.Â
âThe CPO is someone youâd turn to as a key stakeholder to ensure that the messaging communicated matches the companyâs values,â Fanning said.Â
Michael OâMalley, co-author of âOrganizations for People,â spoke with Workforce to discuss the best (and worst) practices when it comes to structuring a healthy workplace culture to maintain high employee engagement.
Workforce: What inspired âOrganizations for Peopleâ?
Michael OâMalley: It came about because I had heard so many ugly stories about workplace issues. I wanted to write an anecdote to that, that there were companies out there that were quite different, and people should know about them. I wanted to provide some social science to provide some context. I also wanted to put principles behind what these companies do so people aren’t just trying to mimic the practices, but what they really should be thinking about is what these practices afford these companies to do.
Workforce: What are some best practices when it comes to creating a healthy workplace culture and maintaining high employee engagement?
OâMalley: It starts with the premise that there are institutional rules, like the foundation of the workplace is mutual respect and that thatâs enforced so that there are certain ways of behaving that are acceptable and ways that are unacceptable, and that those are widely known. Itâs not only a general attitude that you have toward one another, but it carries over to incidences of respect. So, you show up for meetings on time, you respond to peopleâs questions and youâre helpful â all of those kinds of interpersonal rules that enhance the pleasure of the workplace. It starts with basic rules of respect and values.
The companies that I visited tend to put the employees at the center of their organization and that means that thereâs a lot of employee involvement. I canât say thereâs complete transparency, but there is significant transparency on how the company is doing and thereâs general openness about news, events and finances and so forth about whatâs going on in the company. When decisions are made, employees are fundamentally a part of that decision process.
There are lots of principles, but one other one that I thought was important was they foster this sort of sense of abundance that the employer has their backs and that the processes are fair. If one opportunity, for instance a career advancement, passes them by, they know that there will be other opportunities that will come along because their employer is working with them to find what theyâre passionate about, what they want to do and is willing to readily move people across the organization into other roles and will put money into training them. A lot of these companies actually allow people to do internships in other departments or shadow people in other departments. So, rather than have this aggressive competitiveness for things that are in short supply, there is this feeling that through training, growth and ample career opportunity, you can actually take pleasure in other peopleâs successes because you know that the company is working if you work. I think that this notion of abundance is very important in these companies.
Workforce: Why is this a challenge for many organizations?
OâMalley: I think itâs because a lot of what these companies do seems unbusinesslike and risky from an organizational point of view. I think they are slightly afraid of trying out things that are a little bit different and may seem odd in business settings that people have grown accustomed to. So, these places are oddities, they do things that other places donât do and I think the challenge is for people to break away from this strict notion of âthis is the way itâs doneâ and to try something thatâs a little bit different.
Maybe itâs a fear of looking a little bit foolish by trying something that may not work. I have to say that not everything that these companies do does work, but there is a very high tolerance internally for trying things and if it doesnât work, then learning from those experiences and modifying their approach. Over time people become acclimated to these different ways and are very patient with one another in trying out things that are new. I think the fear really has to do with outmoded conceptions about what the workplace should look like.
Workforce: What organizations have you come across that you think are doing it right?
OâMalley: A lot of the companies in my sample are private companies, so theyâre not really beholden to shareholders. But, Instructure, a technology company in Salt Lake City, was different because theyâre a public company that creates learning platforms for higher educational and corporate institutions. They have a nice combination of being a very kind and caring organization, but at the same time they seem to have a very aggressive culture, in a good way â they want to win in the marketplace. They have managed this fine line of maintaining a culture that is genuine and pleasurable and at the same time going about their work without denying themselves the usual life satisfactions with friends and family. I think Instructure does it very well. Finding that balance between market aggressiveness and getting results, but at the same time innovation, is difficult to do but Iâve seen them do it.
Another company that has done it well that comes to mind is Pure Insurance, a premium property casualty insurer outside of New York. They, too, have instilled this sentiment that they want to be the best, they want to do things their way, differently, but at the same time have maintained this sense of belonging and all the things that people want like â belonging, autonomy, growth and self-confidence in their abilities.
So, those are two companies that I think people should visit and see how they manage these two worlds. There is this conception that kindness means soft and that isnât it. Kindness means that you want people to fulfill their potential. So, one of the principles behind all of these companies, but certainly in Pure Insurance and Instructure, is that we want you to live a satisfying life, we want you to do what you want to do and we want you to be as good as you can be. A part of that caring is helping people to improve and become better people.
Workforce: What is the difference in approaches between private and publicly traded companies when it comes to maintaining a healthy workplace culture?
OâMalley: What happens is that, with a public company, people get overwhelmed by the financials â that most of what is communicated is financially-oriented â so a lot of times the rewards really are for revenue growth, profits and so forth.
I think that privately held companies often have the founder-owners who have started the company â not only with a market idea but with an idea about values in what a company should be â and those values carry through on the organization. All the companies that I visited in the book started with founders who had very definite ideas about what companies should do and what they should afford people who work within their companies, so they are very value-rich places to work. I can tell you that the profit isnât the purpose of these organizations. I think they all have very caring and charismatic leaders who actually wanted the company to be formed with certain principles and values in mind. Sometimes with public companies, the longer theyâve been around, the bigger they get, the further they get from those principles that they had at their inception.
OâMalley: TCG, which is an information technology consultancy in Washington, D.C., and Intuitive, which is an engineering consultancy in Huntsville, Alabama, are both consultancies, so a lot of people are out of the office most of the time. First of all, they have recurring staff meetings that bring people back in the home office occasionally, or sometimes they can be online meetings. Another company is Concord Hospitality in Raleigh, North Carolina. They have properties all over the place, so they have routines that people abide by, but they do a lot of things in parallel or take time to do things collectively.
For instance, every month TCG has some kind of charity drive that a committee of employees select, and the company will make a donation to that charity, but everyone will volunteer for a day.
For Concord Hospitality theyâll have charity week at all of their properties where people are dedicating time and resources to charities in their local environment but everybody is doing it the same week, same time throughout their properties. Additionally, every month Concord prints a poster-sized agenda for all of their properties that show everything happening that month. Consistency, routines and doing things in parallel are things that help remote workforces.
Workforce: Do you think organizations should come up with an alternative name for their staff, rather than use the term employee?
OâMalley: Yes. I donât think any of the places I visited refer to employees as âemployees.â They actually view that as a subservient relationship and they want a culture thatâs more even, where thereâs open, two-way communication. They want people to act independently and âemployeesâ sort of has this dependency that they want to discourage.
The Motley Fool, an investment advisory house, they call each other âfools.â People at Patagonia are âpatagoniacs.â I think this does two things; it fosters a bond that I think âemployeeâ doesnât have, but it also denotes a relationship with each other and the company that is more egalitarian, which is what these companies want.
Workforce: What are some goals that organizations should keep in mind while structuring or restructuring a healthy workplace culture? What would you advise them to do?
OâMalley: When you want to change a culture, you have to look at the people who behave consistently with that culture or who, through feedback, are able to change the way that they approach their behaviors in the workplace. Sometimes I think companies are slow to purge the negative out of the workplace, but I do think you have to have people who are in tune with the culture, and sometimes there are cohorts within organizations that just arenât. Then, I would probably reestablish things with a new set of values and then actually change the way you hire and socialize, so you change the way you introduce people to the company. I would do that in either case. In either case, the thing you want to communicate from the start is that you have certain performance expectations of people, but you also have certain expectations about how they conduct themselves when theyâre in the office. That starts with how you select people. You want not only people who are technically proficient but people who share the values of the organization.
Workforce: What are some common business fables that you have come across that you think are important for organizations to know as untrue?
OâMalley: Thereâs a fable that being compassionate or empathetic will interfere with peopleâs business judgment and that somehow they will be led astray by their emotions. To me, thatâs a fable because you make wiser and better judgments when you have a sounder perspective of the situation, and that really involves understanding the emotional tenor of the situation. This concept of business objectivity is a falsehood. We would have better, wiser managers if they allowed themselves to entertain a broader range of information, including emotional information.
Employee engagement levels are woefully low. The latest Gallup data shows only 34 percent of employees are actively engaged in their work.
That means more than half of all employees are not engaged in their work, and 13 percent are actively disengaged, according to the survey.
These are troubling numbers given the proven benefits that employee engagement brings to a business, which include higher share prices, greater customer loyalty, lower turnover, easier recruiting and a host of other desirable business outcomes.
The good news in this story is that HR is not to blame. While HR leaders may be responsible for overseeing benefits programs, gathering employee engagement survey results, and rolling out employee programs and campaigns, they are not the ones who actually move the needle on engagement.
Studies consistently find that employee engagement hinges entirely on the way leaders lead and the kind of culture they create, said Patrick Kulesa, global head of employee research for Willis Towers Watson in New York. âThe numbers show that how leaders inspire people with their strategy and mission determines whether employees will be engaged,â Kulesa said.
The problem is that leaders rarely take responsibility for employee engagement. They see it as a people issue, so they assume HR will fix whatever is broken. This is one of many mistakes leaders make when it comes to engagement.
Here are some of the other mistakes leaders make that damage employee engagement and how they can do better.
Leaders assume company perks will make a difference. Offering free coffee, half-day summer Fridays and other creature comforts may deliver short-term positive vibes from overworked employees. But if you arenât also addressing the core problems in your culture â like a lack of acknowledgement for work well done, managers who canât be trusted or limited opportunities for development â no amount of free snacks will solve your employee engagement problems, Kulesa said.
Leaders talk, but they donât listen. âEmployees donât need to be told what to do. They need to be encouraged to trust their instincts,â said Kevin Hancock, CEO of Hancock Lumber in Casco, Maine and and author of The Seventh Power. Hancock learned this lesson after acquiring a rare voice disorder in 2010 that made it difficult for him to speak. To protect his voice, whenever anyone asked him a question, he responded with, âWhat do you think is the right answer?â He wasnât trying to improve engagement, but thatâs what happened. Over the course of a year, engagement levels rose as employees gained confidence in their ideas and became more innovative and invested in their work. It made him realize the power of distributed leadership, and giving everyone a voice.
Leaders think employees should serve the business, not the other way around. When business leaders make financial performance the most important factor in every decision, employees become slaves to business outcomes. âBut what if you rethink the purpose of work?â Hancock said. When leaders prioritize improving the lives of employees, improved employee engagement is the natural result. That leads to better performance, higher revenues and other business benefits that every leader wants, he said. âWhen the company exists to serve the employees, it creates a stronger company and a better future for everyone.â
Leaders focus on numbers, not outcomes. When leaders only care about achieving the right employee engagement score, they lose focus on the ultimate goal, said Jim MacLennan, founder of Maker Turtle, a digital transformation consulting firm, and author of âDonât Think So Much.â âOnce they reach the target metric they move on to something else.â That makes employees cynical about their motives and can cause any short-term improvements to quickly sag. Instead, he suggested using employee engagement surveys to identify the biggest problem in your culture, then to spend the year solving it. âKeep it simple and define what âbetterâ looks like so it doesnât get diluted,â MacLennan said. Once you see improvements, move on to the next thing. When leaders focus on outcomes rather than metrics, continuous improvement becomes part of the way things are done.
They mistake surveys for conversations. If you want engagement to improve, leaders have to actually talk to employees, listen to their needs and build a corporate culture that inspires trust and respect. âYou canât do that with a survey,â MacLennan said. âOnce you wade in and start having conversations, youâll be amazed at what you learn.â
Washington state employers now must comply with one of the strictest noncompete laws in the country, which the Legislature determined will apply retroactively to restrictive covenants entered into before Jan. 1, 2020.
Washington House Bill 1450 declares that noncompetes are unenforceable against employees who make less than $100,000 a year (and in the case of independent contractors, $250,000 a year). The law also requires significant disclosures to be made to the employee at the time they sign the noncompete â the absence of which could also invalidate the clause.
The law requires compensation to be paid to the employee during the period that it will be enforced at a rate not less than the employeeâs previous salary, minus any compensation earned through subsequent employment during the period of enforcement.
Further, noncompetes lasting longer than 18 months are presumptively void. Under the law, any attempt by an employer to noncompetes against Washington employees or independent contractors in another state (i.e., through a forum clause) will render the covenant unenforceable.
Finally, the law states that in the case of a noncompete being declared unenforceable or enforceable in part or as modified, the party seeking enforcement must pay the aggrieved person the greater of actual damages suffered or a $5,000 penalty, plus reasonable attorneyâs fees and costs.Â
IMPACT: Employers should be aware of any state restrictive covenant laws that may impact portions of the workforce.Â
Road maps are a form of content that will help you navigate key areas of people management. Road maps focus on the changing terrain of employee engagement. This guide offers a step-by-step process for creating a measurable engagement strategy that will deliver results.
Most of your employees are probably not engaged and itâs hurting your bottom line.
But donât feel bad. Almost every company is in the same boat.
Despite years of talking about the importance of employee engagement to hiring, retention and productivity, only 34 percent of employees are engaged, according to data from Gallup. Worse, 13 percent of employees are actively disengaged. âThe numbers have improved over the last decade, but not as much as we want,â said Jim Harter, chief workplace scientist for Gallup.
The good news is that employee engagement can be improved if companies focus on the right things. Harter has seen dozens of organizations across industries increase engagement levels when they implement targeted strategies and stick with them over time. âChange happens incrementally but it does happen,â he said.
When it does, the payoff is clear. Gallup research shows organizations with high levels of employee engagement achieve better earnings-per-share, and see substantially better customer engagement, higher productivity, better retention, fewer accidents and higher profitability.
The trick is understanding who has the power to influence employee engagement, and what they can do to generate change, said Jill Christensen, employee engagement consultant and author of âIf Not You, Who? Cracking the Code of Employee Disengagement.â
HR should be involved. HR still needs to plan, implement and measure employee engagement strategies â but senior leaders need to be the voices of the program to make it work. Itâs a collaboration, and this road map provides a framework for how senior leaders and HR can work together to make engagement happen.
PART 1: MAKE A PLAN
Get leaders on board. Leaders will never independently take ownership of engagement, so HR has to pull them in. Harter suggests sharing data linking employee engagement to business performance to pique their interest, then showing them how their words and actions impact outcomes.
Ask employees what they think. If you want to identify your engagement issues, you have to listen to what employees are saying, said Amanda Popiela, researcher with The Conference Board. âContinuous listening strategies are key to understanding engagement.â Along with reviewing annual survey results, she suggests conducting periodic pulse surveys, hosting employee focus groups, monitoring social media posts, and talking to employee teams about what they love about working for your organization, and what needs to change.
Identify skill gaps. Most leaders and managers are never taught good coaching skills, like how to give feedback, build trust or manage conflict, all of which is key to driving employee engagement. So management training has to be part of the plan. Look for content that is quick and easy to access and let managers know they will be expected to use it.
Set realistic goals and expectations. If you want to foster change you have to hold managers accountable, Christensen said. She suggested setting a goal to increase engagement levels by a specific amount in one year then tying those results to performance reviews. âThatâs how you make culture change happen.â
PART 2: START ENGAGING
Make employee engagement part of every conversation.Define specific communication steps for managers and leaders to integrate engagement into their talking points. These might include discussing engagement issues in every team meeting, sharing engagement strategies in town hall events, and having weekly one-on-ones with team members to identify their specific concerns or needs. âYou need to tell them exactly what to do or they wonât do it,â Christensen warned.
Keep employees up to date. Employees want to feel like they have a voice and that their opinions matter, so keep them in the loop. Report employee engagement survey results, share your action plans to address specific problems, and keep them up to date on progress. âExceptional communication is an important part of employee engagement,â Harter said.
Teach managers to coach. Managers are busy and will often skip training to focus on the next deadline. So you have to make it easy to access, immediately relevant and a clear priority, Popiela said. One way to do that is to get senior leadership involved. Popiela recently worked with a financial services company whose CEO posts a monthly webcast discussing one tip for managers on how to improve engagement. âManagers know what they should be doing, but they donât always do it,â she said. These short, thought-provoking webcasts make them stop and think about what they could do better.
Deal with the disengaged. When teams have toxic, negative or disruptive members, no amount of coaching will make a difference. âThese employees can be toxic,â Christensen said. And itâs up to managers to deal with them. They need to be ready to have these difficult conversations, set clear performance goals, and fire people who refuse to change. A lot of managers ignore toxic employees because they donât have the skills to deal with them, but the consequences of this approach can be severe, she said. âWhen leaders donât take action with these employees, it will breed disengagement in everyone around them.â
PART 3: MEASURE RESULTS
Conduct annual survey results. The annual employee survey is the best baseline measure of engagement and proof that your efforts are working. Remember, even small shifts are a good sign. âChange takes time,â Harter said. But companies that stick with it can achieve dramatic and sustainable change over a few years.
Conduct pulse surveys. Short pulse surveys that sample a percentage of the employee population, or ask everyone a few questions, can give you a sense of progress and help you see whatâs working (or not). But donât overdo it, and donât use surveys to replace real conversations.
Check your eNPS. Employers can now use NPS to measure employee engagement. The one-question survey tells you how likely your staff members are to recommend your company as a place to work on a scale from 0 to 10. âItâs a simple way to gauge engagement,â Christensen said. And it can be a quick easy way to demonstrate results.
Share the data. Any time you survey employees you have to share the results, otherwise it could actually make things worse. Report engagement levels to the entire company, celebrate big successes and share what you plan to do next, Popiela said. Then discuss the data with executives, drawing connections where possible between engagement and productivity, retention, and business performance. âItâs important to show them the âso whatâ of improved engagement,â she said. âEspecially when it effects the bottom line.â
From a diversity and inclusion perspective, this has been a tumultuous decade. There has clearly been an increase in conversation about moving the dial on D&I, but how much has really changed?
Itâs easy to feel discouraged when women make up only 17 percent of executives in consulting, 15 percent in financial services, and 11 percent in tech. However, increased advocacy, laws and pressure addressing this problem has begun to make changes. The proportion of women on boards of the FTSE 100 has increased from 12.5 percent in 2010 to 32.4 percent in 2019.
But the numbers donât tell the whole story. The biggest areas where things have changed are our understanding of bias and discrimination and the way people are thinking about D&I.
Ten years ago, the words âunconscious biasâ were only heard in academic circles. Now, they are common parlance. The term âpsychological safetyâ was only used in academic journals in 2010, but now C-suite executives discuss its importance. These examples show an incredible increase in our understanding of why inclusion problems persist in the workplace.
Perhaps the biggest change comes from the very reasons organizations are doing D&I work in the first place. A decade ago, most organizations were approaching D&I from a compliance-driven approach that focused on ensuring the company was meeting all requirements it was legally obligated to. This âDiversity 101â approach was about attaining a minimum, not adding value.
As social consciousness around D&I increased, many organizations moved to a âDiversity 2.0â approach. They recognized that consumer markets look very different than they might have even 10 years ago and that consumers want to respect the values of the organizations they buy from. Putting diversity at the center of a major ad campaign is a good signal to these diverse populations that businesses understand these needs.
But as we close out the decade, some organizations have realized when these ad campaigns are not backed up by concrete action, it can create a feeling of inauthenticity. This can make the dominant group feel good about themselves but make the minority group they are trying to attract even more cynical. That gap in marketing versus reality is stark, and people notice. It causes a credibility gap that can make things worse in the eyes of the public.
As a result, businesses have found real success by using the âInclusion 3.0â approach. This is where diversity and inclusion initiatives are not something done on the side, but rather are a key aspect of the way they do business.
Inclusive thinking is embedded in all the decisions they make, creating the conditions for a more organic increase in diversity in the company and a more inclusive environment that makes everyone thrive and work together more productively.
This change in perspective is also affecting new technologies. In the last decade, advances in machine learning and AI have caused some problems in the D&I space. Algorithms are created by human programmers, so everything the machine learns is imbued with their biases. One famous example is how object-detection systems in self-driving cars are better at detecting light skin than dark skin, a phenomenon discovered by Georgia Tech researchers in early 2019.
However, this technology has also become much cheaper. Thus, as we become more aware of how bias affects AI, we are more easily able to rectify its problems. In the case of self-driving cars, companies like Tesla and Uber have been able to adapt their platforms to completely change the way their cars detect objects in a short time for a relatively low cost.
Moreover, we are seeing the advent of tech products that actually help mitigate our biases. Textio is one example. It uses machine learning to help us understand what words and phrases in job descriptions are more or less biased toward applicants of different genders.
As tech becomes cheaper and easier to use, and as our awareness of our own biases and how they affect our work and technology increases, we can become increasingly innovative in how to mitigate our biases in day-to-day life. While at times it may seem that little progress has been made when we look at the numbers, in reality the change in consciousness around D&I is a much more substantive change.
We may have backlash to this progress, coming in the forms of political crises around the globe, but the conversation has clearly changed. As such, we can look to the next decade with optimism.
Daily pay benefit provider DailyPay joined the Kronos Inc.âs Workforce Dimensions Technology Partner Network.
According to a Nov. 7 release, through a custom API integration with DailyPay, Kronos can share data that enable DailyPay to calculate each enrolled employee’s available balance and facilitate the instant transfer of funds when an employee requests it.
Terms of the deal were not disclosed.
Employers can now offer DailyPay â a 2019 Workforce Optimas Awards winner in the Innovation category â as part of the burgeoning on-demand pay benefit offerings. According to the release, DailyPay is fully compliant with wage and labor laws in all 50 states and allows employees âthe freedom to exert control over the timing of their pay and to feel more secure financially.â According to the Kronos website, other Workforce Dimensions partners include financial wellness provider Branch, Cornerstone Learning and work opportunity tax credit processor HireCredit.
“We are excited to work with Kronos to provide a life-altering benefit that helps the 78 percent of Americans who are living paycheck to paycheck,” said Jason Lee, CEO of New York-based DailyPay, which was founded in 2015. “Through the Kronos-DailyPay relationship, companies have the opportunity to streamline their payroll process and allow their employees to access the money they’ve earned prior to their next payday.”
Workforce Dimensions from Kronos is described as the âfirst next-generation workforce management solution. Cloud-native, mobile-native, and powered by artificial intelligence, it delivers real-time analytics to drive in-the-moment decisions to unburden managers from time-consuming, low-value tasks and empower employees with an engaging experience.â
“Workforce Dimensions is built on a completely open and extensible platform, enabling innovative integrations with partners, including DailyPay, that empower employees in ways that simply are not possible with legacy solutions,” said Mike May, senior director, Workforce Dimensions Technology Partner Network, Kronos, in the Nov. 7 release. “Providing a great technology experience not only drives user adoption, but it also helps organizations to engage and retain their workforce.”