January 2013 |
HR InTouchThe Monthly Newsletter of the Greater Madison Area SHRM |
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In This EditionPresident's Message By Melissa Perry GMA SHRM President Government Affairs Update Opportunities to Make Your Voice Heard Automatic 30-minute Lunch Deduction Is Valid Undue Hardship Defense Precluded By Lack of Interactive Process Compensation and Benefits Time to Re-Think Maximum Leave Policies Talent Management Time to Update Your Background Check Policies GMA SHRM Social Media GMA SHRM Upcoming Events
Thursday, February 7, 2013
Thursday, February 28, 2013 Click here to see the full 2013 GMA SHRM Event Calendar. GMA SHRM Announcements Volunteers Needed – Student Conference and Case Competition! New Volunteer Spotlight Section in Newsletter
GMA SHRM Member News
Printable version
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Happy New Year GMA SHRM Members! If you are reading this, that means the world did not end, hip hip hooray!
As we begin another new year (they all seem to fly by so fast!), I’d like to take a moment to highlight some of the amazing things our chapter has accomplished throughout 2012:
• Organized the 7th annual Human Capital Conference
• Participated in WI SHRM “Day of Giving” for Habitat for Humanity • Hosted a Job Boot Camp with Job Center of WI & Urban League • Volunteered numerous hours for mock interviews with Urban League, Commonwealth Development • Organized 26 GMA events (total combined) • Donated funds and goods to our philanthropic partner, Operation Homefront • Introduced a student membership to engage local colleges and universities • Rolled out our mobile website and file sharing capabilities On January 18th, our Board of Directors will gather to work on our strategic plan for the upcoming year (July 2013-June 2014). This event is open to all of our members if you have interest in shaping the future of the chapter. Please let me know if you would like to attend, or have ideas on what you would like to see GMA SHRM focus on for the upcoming year. All in all, I’d say we had an amazing 2012 and are looking forward to an exciting 2013. We are a financially stable chapter thanks, in part, to our amazing Corporate Partners. I’d like to extend a HUGE thank you to our incoming 2013 partners, as well as our Marketing & Communications committee for the amazing work they to do promote our chapter. Our new 2013 GMA SHRM Corporate Partners can be seen in the table at the right.
In a recent survey among members, 93.2% of respondents indicated that they currently used at least one of our current GMA SHRM partners. Wow! Our partners make many of the events we offer possible so I encourage our members to reach out and say thank you as well if you have a chance.
Melissa Perry
President
GMA SHRM GMA SHRM Board of Directors
Opportunities to Make Your Voice Heard 
Are you interested in making an impact on proposed legislation? You may have that opportunity in 2013. One of our member’s organizations, Wisconsin Manufacturers & Commerce (WMC), is currently working with legislators to propose changes to several state laws that conflict with federal employment laws. One of the key topics will be Wisconsin Family & Medical Leave (FMLA). The hope is to change our state law so any employers covered under Federal FMLA will only need to follow the Federal regulations. Currently, it can be very complicated for Wisconsin employers to follow both state and federal laws when processing FMLA requests.
Some other proposed changes we might see are related to white collar exemptions, definition of work time, time recordkeeping for exempt employees, “donning and doffing”, discipline of exempt employees, compete/non-compete agreements and others. These are just a few of Wisconsin’s laws that differ from federal laws. These differences make it difficult for employers to comply with both laws and also create confusion and ambiguity.
You might be asking: how can I make an impact? As new bills are proposed, you have the opportunity to write, call or meet with your legislators and share your opinions. When hearings are held, the public may attend to share personal experiences and explain their concerns regarding proposed changes. This is our opportunity to help legislators make informed decisions about whether to pass a particular bill. As changes are proposed, we will keep you posted on those bills that impact the Human Resources field and opportunities for you to make your voice heard. Stay tuned for more information about this upcoming, exciting legislative session!
Automatic 30-minute Lunch Deduction Is Valid
A federal court rejected a union's class action challenge to a hospital's use of an automatic 30-minute pay deduction for meal breaks, regardless of whether or not the employee clocked out. The court ruled that such a practice is valid under the law, if done correctly. In this case, the policy was in print. All employees knew of it and had signed off. All employees understood they were to report any instance of not taking 30 minutes and they would be paid, and were consistently paid. Frye v. Baptist Memorial Hospital (6th Cir. 2012).
Undue Hardship Defense Precluded By Lack of Interactive Process
A medical employee was not allowed to return to work as a phlebotomist after a shoulder injury. The employer argued that due to her restricted arm mobility and hour limitations, she was no longer a "qualified" person for the job, and there were no possible accommodations which would be reasonable. The court, however, found that the employer reached this decision without engaging in the appropriate interactive communication and consideration process with the employee. An employer must at least communicate and consider the employee's accommodation ideas before reaching a conclusion. The employer skipped this required step, and this made any undue hardship defense invalid. Lemean v. DCI Plasma Center, LLC (D. Minnesota, 2012).
Time to Re-Think Maximum Leave Policies In the last few years, the Equal Employment Opportunity Commission has aggressively sued employers over maximum leave policies. They have argued that a black-and-white policy does not appropriately account for the Americans with Disabilities Act’s reasonable accommodation requirement. For example, the EEOC recently obtained a $4.85 million dollar settlement from a company that automatically terminated any employee who had been away from work for more than 12 weeks. The employer ran into problems because the policy was automatic. The policy did not allow for any discussion regarding potential reasonable accommodations. The EEOC’s theory is that an employer should make a case-by-case assessment as to what type of leave of absence it can accommodate. Such an assessment will likely depend on the nature of the employee’s duties, the availability of other individuals to perform those duties, how busy the employee happens to be at the time of the leave, and other similar factors that speak to the burden imposed on the employer by a leave of absence. Maximum leave policies do not account for such variables.
The bottom line is that employers should avoid any type of maximum leave policy and instead introduce a policy that addresses leave and the return from leave on a case-by-case basis.
Time to Update Your Background Check Policies
With the New Year already upon us many of us are preparing to review and make changes to our procedures and policies. Most everyone should be making changes to their background check policies with all of the rulings affecting their use that occurred in 2012. Already regulated by the Fair Credit Reporting Act background checks are now also under the scrutiny of the Equal Employment Opportunity Commission and the Consumer Financial Protection Bureau.
1. Be Complete: Conduct a comprehensive background search to avoid negligent hiring. Relying on partial information or information that may be out of date can be as risky as not conducting a thorough background check at all.
3. Be Thorough: As an employer, you have certain responsibilities under the law. Make sure that all background screening practices meet federal and state regulations as well as industry requirements. Be mindful of the new Equal Employment Opportunity Commission criminal guidelines and the Fair Credit Reporting Act.
4. Be Analytical: Consider job responsibilities when screening candidates. Go beyond basic background information and assess job relatedness and business necessity.
5. Be Consistent: Develop a method for a targeted level of screening for each open job position to align with business needs and job relatedness.
GMA SHRM Social Media
Forward HR Want to know what’s going on in HR for the other areas of Wisconsin? WI SHRM has a new blog, Forward HR. Click here to take a look. Tuesday, January 29, 2013, GMA SHRM Strategic Summit
Topic: How to Make Succession Planning Come Alive in Any Organization Have you experienced any of these succession planning pitfalls?
The January 29th Strategic Summit will give you the tools and templates to “add arms and legs” to your succession plan leading to targeted development of your top talent. You will learn how to complete a leadership assessment, turnover risk analysis, and Individual Development Plans. We will also discuss how to communicate and get commitment in the succession planning process and outcomes.
Our speaker, Cory Erickson, SPHR, President of Career Momentum, Inc., drove succession planning and leadership development for a number of companies including Thermo Fisher Scientific.
For more information and to register, click here . Return to Top
Wednesday, February 5, 2013, GMA SHRM Roundtable
People meet and fall in love at work. Some companies foster office romance because both parties “understand” the company and each others’ work pressures. On the other hand, the concerns of unwelcomed sexual attention and aftermath of soured relationships, and “quid pro quo” abuse of management poser, have led to a number of employers to implement policies prohibiting or restricting workplace romance. Some courts have warned that “employers” who do not have co-worker dating policies leave themselves vulnerable to sexual harassment charges.” However, restrictive policies have generated lawsuits over constitutional rights, invasion of privacy, and have even been found to be discriminatory themselves. This HR roundtable explores on how to balance these interests, whether to have restrictions, and how to manage these policies.
Bob Gregg, a partner with Boardman & Clark LLP, will be facilitating the event. Bob has been involved in Employment Relations and Civil Rights work for over 30 years. He has designed the workplace policies and procedures of numerous public and private employers. He litigates and serves as an expert witness in employment cases. A recognized educator and trainer, Bob had conducted over 2,000 seminars throughout the United States and authored numerous articles on practical employment issues, civil rights and management practices.
For more information and to register, click here .
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Thursday, February 7, 2013, Young Professionals Event Are you a young HR professional looking to get more involved in GMA SHRM? We have just the group for you! GMA SHRM will be launching a Young HR Professionals in 2013! Join us for our first event on Thursday, February 7, 2013 at The Brink Lounge. The informal social will start at 5:00 p.m. and last for about an hour; appetizers will be provided. The Young HR Professionals group will be driven by its members and we will ask each attendee to fill out a survey on what future events you would like to attend. As GMA SHRM provides excellent professional development opportunities, this group will be socially oriented with a focus on meeting younger HR professionals in and around the Madison area! If interested in getting involved, please contact Melissa Chadwick at melissa.chadwick@bakertilly.com or 608 240 2350. Return to Top
Thursday, February 28, 2013, Semi-Annual Networking Event Members are always looking for ways to meet other HR professionals but sometimes get cold feet and struggle with that first conversation. This Networking Event promises to be fun and productive! You will go away from this event with more HR contacts than you could ever imagine! What a great way to meet other HR professionals and have fun too! There will be a structured networking session followed by some time to network informally. The event will be held from 4:30-6:30. Registration begins at 4:30 and the program begins at 5:00pm. Registration is free but we do request an RSVP to better plan for the event. Appetizers provided. Cash bar.
For more information and to register, click here .
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Student Scholarship winners!
The Education and Professional Development Committee is delighted to announce the following two winners of the 2012 GMA SHRM Student Scholarships. Mack Lane, current President of UW-Whitewater SHRM, is a senior at the University of Wisconsin- Whitewater and is graduating in May 2013 with a Bachelor of Administration in Human Resource Management and a Bachelor of Science in Public Relations. Kayla E Morton, a two-year member of UW-Whitewater SHRM, is also a senior at UW-Whitewater and will be graduating in May 2013 with a Bachelor of Arts in Organizational Communication and a minor in Human Resource Management. Candidates were ranked based on several criteria including academic standing, demonstration of leadership qualities, participation in university and community activities and purpose statements describing why they are pursuing a degree in HR or related course of study. Each of the winners will receive a $750 scholarship. We wish to congratulate Mack and Kayla on their pursuit of excellence!
We will begin taking applications for next year’s student scholarships in September 2013.
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Volunteers Needed – Student Conference and Case Competition! The North Central Regional Student Conference and Case Competition will be held March 22 and 23, 2013 at Iowa State University in Ames, IA. This is a great way to share your knowledge with the student chapters in the north central region and to give back to the profession. For more information or to register, visit: http://www.shrm.org/Conferences/StudentConferences
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Are you or your company looking for a volunteer opportunity? Goodwill of South Central Wisconsin is looking for tax preparers to participate in their Volunteer Income Tax Assistance (VITA) clinics in 2013. The VITA clinics are designed to provide FREE tax preparation assistance to low-income taxpayers such as the elderly, individuals with disabilities, and limited-English speaking persons. Each tax return prepared by a volunteer can raise a working family's income by up to $4,800.
To get involved, or for more information click here.
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Beginning in 2013, GMA SHRM HR Intouch newsletter will be highlighting a GMA SHRM volunteer each month in our new Volunteer Spotlight section. We are hoping this section will introduce you to some of the great volunteers who make GMA SHRM the incredible organization that it is. Also, we often hear that members are considering volunteering but aren’t sure what to expect and are hesitant to sign up. We are hoping to diminish some of this indecision as well and share with you more about GMA SHRM volunteer opportunities.
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GMA SHRM Volunteer Spotlight
How long have you been volunteering with GMA SHRM? About 8 months What committee are you volunteering with? Have you volunteered on other committees? If yes, which one? Membership Interaction Committee What do you enjoy about volunteering? Hands down the #1 thing about volunteering is the opportunity to get to know other GMA SHRM members and expand my HR network. Since joining the membership committee, I’ve really gotten to know a number of other members of the committee on a personal and professional level. I feel much more connected to the chapter and have a greater sense of “ownership” in SHRM. This has made all of the events much more enjoyable because I can continue building on those connections. As part of the membership committee, I have made some calls to welcome new members to GMA SHRM, which has been a great opportunity to share about all of the excellent activities and resources the chapter has available. What would you say to others who are considering volunteering with GMA SHRM? Definitely get involved. It’s well worth the time and will allow you to better realize all of the benefits of being a member of the local chapter. What have you gotten back from volunteering with GMA SHRM? I think one of the biggest benefits has been the opportunity to network with a diverse group of professionals in the Madison area. I feel much more connected to the HR community and have built up a group of friends who may be great resources throughout my career.
GMA SHRM Member Spotlight
Where do you currently work and what is the focus of your position?
I am the Corporate Relocation Manager for the Relocation Division of Restaino & Associates, Realtors. I serve the distinct needs of corporations relocating employees and their families to Madison and surrounding area. Additionally, I am the Director of the Concierge Program at Restaino & Associates building a strong relationship with our service providers. Which of your career accomplishments makes you proudest? I have over 20 years of sales and marketing experience in newspaper, magazine, website and television. I have a professional attitude, local knowledge of the community and is committed to making Madison and the surrounding area a better place to work and live. What makes me the proudest of my career choices is that I have met many wonderful professionals along the way that have become friends that I enjoy working with as well as volunteering together to make Madison a great place to live and work. What is the best advice you’ve ever received? From my Dad: do the right thing even when no one is watching. From my Mom: treat people how you want to be treated. And, to remember that each day is a gift! Why did you decide to join GMA SHRM? As our relocation division partners with HR teams SHRM gives us the opportunity to learn about their day to day tasks to help us align ourselves with them as we assist their candidates and families moving in and out of the Madison area.
Welcome New Members!GMA SHRM welcomes the following members who joined our chapter in November of 2012!
Movin' UpHave you started with a new company? Has your organization recently promoted you to a new position? Or do you want to recognize a new person or promotion within your department? If so, we want to hear about it. Send us an e-mail, and we’ll publish your good news in the next HR InTouch! In TransitionIf you are a member who is in between jobs, or who is currently employed but seeking new positions or career paths, write us a brief description of your skill set, areas of expertise, what you’re looking for, etc. Send us an e-mail. We’ll publish your information in the next HR InTouch. GMA SHRM Member PollDo you have a burning HR question that you’d like to see featured on our GMA SHRM Member Poll? If so, please submit your questions to Tara Conger at tconger@pjpower.com HR InTouch GuidelinesArticle Writing: Do you have an interest in writing for the HR InTouch? We have an interest in learning more about your area of expertise! Why should you volunteer? Top three reasons: 1) to share your knowledge and experiences to educate others; 2) to become more connected in the HR and Dane County communities; and 3) to contribute towards the advancement of GMA SHRM and the HR profession. The first step is for you to choose a submission option: you can pre-submit an article to GMA SHRM at any time for us to use in any of the upcoming newsletters, you can sign up to write for a particular month, or we can put you on a list of people to contact in future months whenever we need articles. Article length: Because the HR InTouch is now in an online format, the size is flexible. The article should be engaging and hold readers’ attention. Include the core information in your article, and we will advise if it is too lengthy. Solicitation: GMA SHRM is conscious not to allow solicitation through the articles, in an effort to protect the interests of our partners and members. The nature of the article should be educational (i.e., what are the business advantages of having a product like yours) or informational. Otherwise, if you truly are interested in advertising through the HR InTouch, you can work with our Marketing Committee. As a rule of thumb for article writing, if the submission relates to a for-profit event, or specifically markets your company (vs. your industry), it is an advertisement, and should be purchased. If it is a not-for-profit event that your company is hosting, or an announcement (i.e., a SHRM member recently joined your company), it is an acceptable addition to the HR InTouch content. If you have any questions related to the appropriateness of your submission, please contact us. If you have questions, or to submit an article, contact GMA SHRM at chapteradmin@gmashrm.org .
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Name: Brian Borkovec
Name: Gail Johnson
