Wright Sources Consulting

More Onerous Federal Regulations

karla — Fri, 24 Feb 2012 18:59:33 +0000

The Office of Federal Contract and Compliance Programs has issued more bureaucratic steps for employers to take to meet Affirmative Action requirements. There is no study that shows adding these numerous data collection and recordkeeping requirements will help increase disability hiring. One new rule requires employers to ask applicants if they are disabled TWICE during the hiring process and once a year after they are hired. Employers don’t see the value added and also are requesting “safe harbor” to ensure they won’t be sued for violations of the ADA by asking individuals if they are disabled. The OFCCP has selected 7% as an arbitrary goal for employers to use for hiring people with disabilities within all job groups. Again, no data supports that 7% is a reasonable goal; and using an arbitrary percentage is a new precedent. In the past employers have set utilization goals for protected class groups based on the availability of individuals within a protected class. Another new rule requires accommodation requests be in writing and responses given within a specified time period. These requirements actually will impede the good will and constructive dialogue between applicant/employee and the employer regarding accommodation needs. The OFCCP is dropping this on employers without sufficient time for employers to overhaul their data collection software and processes.

Other concerning requirements are: more recordkeeping, more sensitivity training and an annual review of all physical and mental job qualifications with a written explanation as to why each requirement is related to the job.

This last requirement is what I call “Karla’s Full Employment Act”. As a job analyst and documenter, it will give me more work to do. I’ll get paid, the employer will pay me, the cost of the company’s product or service will go up. But will more qualified people with disabilities be hired? These minutia requirements do not affect change. They only add cost. Employers’ willingness and readiness to hire qualified people, with or without an accommodation and regardless of disability are the keys to having a workforce that mirrors all people.

The feds seem to never give up on the notion that employers will do the wrong thing and not the right thing. It is in the employers’ best interest to do the right thing — and they do.

These new OFCCP / AA requirements are just a small sampling of the continuous bombardment of onerous regulations on employers.

New Union Election Rules Start April 2012

karla — Mon, 20 Feb 2012 14:40:35 +0000

Employers plan for “quickie” union elections. The National Labor Relations Board (NLRB) on Dec. 21, 2011, approved a set of sweeping revisions to the rules governing union election procedures. The change was designed to speed up union representation votes and make it easier for organized labor to recruit and gain new members.The final regulation, which some opponents call the “quickie” or “ambush” union election rule, will take effect on April 30, 2012. Mark Pearce, chair of the NLRB, says the primary goal of the rule change is to reduce litigation in union election cases. Mike Enzi, R of Wyoming, says, not so fast. Enzi, ranking member on the Senate Health, Education, Labor and Pensions Committee intends to challenge the rule under the Congressional Review Act (CRA). This law allows the Senate to introduce a resolution of disapproval to prevent an agency from enforcing a rule. It is unlikely the Senate would get the votes and even so President Obama would veto, so it appears largely symbolic. Enzi states “…..the rule….will allow union bosses to ambush employers with union elections before employers have a fair chance to learn their rights and explain their view to employees.” (which is required by law btw) Enzi said “I plan to lead the fight against their onerous rule ….. It is disappointing that union advocates believe their best chance to succeed when it comes to union elections is to ensure that only one side of the story is able to get out. Instead of using backdoor political maneuvers to boost anemic union memberships and smother our nation’s struggling economy, this Administration should help America regain its strong financial footing.”

So far the NLRB has been unable to muster the support for the ”check off” procedure to replace “secret voting” for employees when deciding if they want to have a union represent (come between) them and the employer. Once again, elections have consequences. Obama’s hand picked NLRB members are cleverly issuing rules and regulations (which are as binding as law) that affect the employer and employee relationship.

Unions gain their life blood through employees’ dues and fees. Union organizations need members to stay alive and relevant. Unionized workers have historically voted Democrat. More members means more money for union management, more elected officials who are Democrat, AND more unelected administrative bureaucratics with authority to issue rules (like the afore mentioned) that favor union growth.

Elections have consequences.

Above information from SHRM Weekly Issues Report and Employment Law Update.

Union Statistics and Presidential Politics

karla — Fri, 17 Feb 2012 15:55:36 +0000

The public sector has the largest percentage of union workers at 37%, which is more than five times that of private sector workers at 6.9%.

Over half of union members live in just seven states: Pennsylvania, Michigan, California, New York, Illinois, New Jersey and Ohio.

States with union membership rates below 5% are: North Carolina, South Carolina, Georgia, Arkansas, Louisiana, Tennessee, and Virginia.

Presidential wannabe, Rick Santorum, coming from Pennsylvania, has had a pro-union record, supporting positions usually favored by Democrats. Stale union practices (such as across the board pay increases) undermine desired employee performance-based compensation systems that recognize and reward productivity, initiative, excellence and results.

The percentage of workers who were members of a union dropped slightly from 11.9 percent to 11.8 percent in 2011; however, membership actually rose by 49,000 workers, up to 14.8 million people. These numbers are from a Jan. 27, 2012 U.S. Bureau of Labor Statistics report and the SHRM Legal Posting.

Welcome Indiana!

karla — Thu, 16 Feb 2012 14:05:54 +0000

Gov. Mitch Daniels, on Feb. 1, 2012, signed into law a bill that makes Indiana the nation’s 23rd right-to-work state. Under the new law, individuals are neither required to become nor prohibited from becoming members of a union. The law makes it a Class A misdemeanor to require an individual to become or remain a member of a labor organization, or to pay dues, fees or other charges to a labor organization, as a condition of employment. The law also establishes a private right of action for violations, including the ability to obtain damages, civil penalties and attorneys’ fees.The law becomes effective immediately but does not abrogate existing collective bargaining agreements. The law extends to all contracts entered into, modified or renewed after March 14, 2012, but does not retrospectively invalidate existing union contracts. The law also does not apply to governmental employees or employees subject to the Railway Labor Act. Finally, the law does not prevent unions from collective bargaining or striking. (Info from SHRM Feb 2012)Bottom line: employees who work for an employer that is covered by a union contract, do NOT have to join or pay fees to the union. Note, however, all employees are still confined by the prevailing labor contract, regardless of whether they pay the union a fee or not. For example, pay scales are set and controlled by the contract. All employees are treated the same. Some say this is fair. Some (myself) say treating every one the same is not fair. Some employees deserve rewards that differentiate them from the good employees — either because of their exemplary performance or because of their inadequate performance. I believe in performance based pay. Treating everyone the same leads to mediocrity. The exemplary employees move on to other organizations where they DO get rewarded. Inadequate performers stay on and drag down productivity, morale and organizational effectiveness.

Welcome Indiana to the world of employee choice!

More Regulations

karla — Fri, 11 Nov 2011 18:12:13 +0000

The Office of Federal Contract Compliance Programs (OFCCP) is initiating requiring MORE data. This agency is the one that oversees affirmative action plans of federal contractors. The agency would seek information on employer leave policies including religious leaves. Compensation information would be reported by each individual rather than groups; and expanded to include contract and day laborers. The Society for Human Resource Management leveled opposition citing violation of the Paperwork Reduction Act. SHRM along with CUPA-HR (College and University Personnel Administrators) urge that only legitimate information be collected and in the least burdensome way possible. Time will tell. This is just yet another example of the constant layering on of governmental, bureaucratic paper work — without any direct and verifiable value added for employees, employers, our nation and society. Although these requirements “make work” for us HR professionals — it adds nothing to the productivity of America — and in fact, adds costs and makes each employer a little less able to compete in a tight world market.

Executive Pay

karla — Mon, 17 Oct 2011 13:09:54 +0000

I’m listening to the protesters complain about CEO pay and wondering — where’s the outrage over outrageous professional athlete and movie star salaries. I wonder if the protestors know that as of last year, owners of corporations (stockholders) have the right via the so-called “say on pay” provision of the Dodd-Frank bill to have their voices heard regarding CEO pay of public held corporations. Shareholders of publicly traded companies get to vote on executive pay. Currently, there is additional legislation in the pipe line to have more control over and limit the amount of CEO pay. Next in line will be professional athletes and movie stars salaries and maybe even writers of fiction books. Really? why should the person who makes up a story about Harry Potter make 1,000 times more money than me? I can make up stories and tell lies too. It’s only fair that she share her money with me. Tongue in cheek. Get my point? We have provisions to direct and manage CEO pay through corporation Board of Directors. The market place will expose atrocities and mistakes and eventually will self-correct. I don’t think we want another Federal Board of Bureaucrats to determine CEO pay. When Senator, Barack Obama, proposed a bill to cap and control CEO pay. The Frank Dodd bill did not go that far. But the protesters want it, the Democrats want it and there is pending legislation in the wings waiting for the right (or should I say left) legislative mix to pass it. Having voiced my opposition to government regulation, I absolutely do agree that some CEO salaries are obscene and not necessary. Board of Directors: do your job — or government will do it for you.

Get A Job!

karla — Wed, 12 Oct 2011 15:49:48 +0000

The health care industry has added four million jobs over the past decade. Specifically consider the field of MEDICAL CODING. In 2013 there will be a transition to an upgraded coding system and a recent Forbes article predicted that those in demand medical coder jobs may earn up to $80,000. (Sounds high to me, but that’s what the article said.) Most community colleges offer training. DMACC offers online or late afternoon and evening courses and their website states “Medical Insurance and Coding is one of the fastest growing medical office specialties.” Coders take physician supplied medical diagnoses and transfer to codes for purpose of reimbursement and recordkeeping. The upgraded ICD-10 codes have been seen with trepidation. However, 3M Health Information Systems claims the expanded choices will help physicians with diagnosis identification and coders will not be burdened with learning thousands of new codes. Nevertheless, the U.S. Department of Labor is projecting a shortage of coders in the near future due to retirements and also the impending coding transfer. Comparisons have been made to the Y2K computer programmer hiring phenomenon. So if you’re looking for job, a career move, or continuing education after you work your day job – check out Medical Coding! By the way, some coders work out of their homes. Want a job? Get trained! You’ll have a job! Sources: 3M Health Information Systems; DMACC; Dept of Labor; Forbes

Teacher Pay Matters

karla — Thu, 15 Sep 2011 14:41:04 +0000

Reforming teacher pay is a hot topic. Many belileve that performance pay will motivate teachers. The belief that money motivates is a widely held misconception. The underlying assumption is that if you dangle a carrot in front of an employee, the employee will perform better, work harder and change their behavior. It is simply not the case. It is insulting because the very premise is that the worker (the teacher) is holding something back and not giving their all UNLESS they are paid more. Workers, including teachers, dive into their daily work for reasons that are intrinsically motivating. Feelings of appreciation and respect, believing you make a difference, providing value to people and society, and the pure satisfaction of learning, accomplishing, discovering and sharing are the TRUE motivators. As we develop improved teacher pay strategies for the future, we should develop compensation plans that recognize our intrinsic motivators. If we spend too much on ”this for that” type of pay plans, they will fail to have any affect on teacher performance and student and school results. There are ways, however, to connect pay to desired behaviors, outcomes and results. Connecting pay to real measurable and valued outcomes is a great strategy to send meaningful messages about what is important for success. One useful strategy used extensively in private business for the past decade is multi-rater feedback. A list of desired behaviors and outcomes is developed by teachers, administrators, boards and parents. Teachers receive feedback from multiple sources, including students, kept confidential, and a monitor or mentor works with the teacher on areas to improve. When the results show exemplary outcomes the rewards can be administered. This isn’t an easy or short process. Its success depends on buy in from all stakehodlers. It is one of many potentially innovative ways to improve and tie a reward to performance. To reiterate, if we assume that money is the motivator, the strategy will fail. The desire for respect, being appreciate, reaching goals, receiving recognition and impacting society are motivators. There are many ways to create the environment for these motivators to work for the good of our public education system.

We Must Coordinate Education Systems With Employer Needs

karla — Sat, 23 Jul 2011 00:08:08 +0000

“There is a mismatch between the types of skills employers are looking for in job candidates and the kinds of employees that educational systems are producing. It must be corrected, because it is one of the reasons for the high U.S. unemployment rate even as employers claim that they are struggling to find workers. . . . We do need to do a better job at providing curriculum that’s more adaptable to what is happening on the floor of the assembly line or manufacturing unit or the lab. . . . Our nation’s educational and workforce systems largely operate in isolation from one another.” National Journal policy summit, July 12, 2011, SHRM. Siemen’s Senior Director of Talent Acquisition, Mike Brown, spoke of the need to transfer knowledge in preparation for when older workers retire. His organization established a future retiree network aimed at encouraging young employees to mentor older employees and older employees to mentor younger ones. Brown noted many people who respond to his organization’s job postings do not have the right skill set. Education reform is critical if the U.S. is going to regain its position of exceptionalism in the world market. Not all students need to be prepped for college. Our education system should provide pathways for all levels and types of learners to meet the myriad of skills needed to produce products and services for world competition. My next post will publish the research data showing the correlation between teacher pay and student performance. You’ll be surprised what the research tells us.

Elections Have Consequences

karla — Fri, 22 Apr 2011 16:49:28 +0000

The now biased NLRB (with the appointment of SEIU attorney Becker by Obama) has issued a complaint against Boeing for their decision to start a new production line in South Carolina. The accusation is that the decision is “discriminatory” and based on recent strike activities by the Washington Boeing employees. Two years ago Senator Clyburn from SC was thrilled about the new jobs going to SC, but now he is receiving presure from the Democrats to change his position. This is the kind of meddling and high stakes pressure games that the Obama administration and their union growth arm of the NLRB are playing which hurts our nation. It will be interesting to see and hear the communications from Boeing CEO McNerney. The Governor of SC is speaking out forcefully against this assault. The Republicans have talked about reducing the NLRB budget by one third; and now some are thinking a total structural change is in order. By making the NLRB more like the bankruptcy courts it could avoid the ideology swings. NLRB Acting GC and Becker are both past AFL-CIO and SEIU attorneys. They vowed to not be involved with any issues that involved their past employers. Well that worked out nicely. Anyway . . . . elections have consequences . . . . .