humanresource - SHRM
Transcription
humanresource - SHRM
THE SPRING 2008 HUMANRESOURCE An official publication of SHRM-Atlanta www.shrmatlanta.org Alisa Pittman Cleek 2008 SHRM-Atlanta President Looks to Develop HR Champions ALSO INSIDE: FMLA Expansion Likely Looms Ahead The Pension Protection Act of 2006 The Bad Will Do You Good list your job here. and here. and here... With our complete portfolio of local and national recruitment products, you can now run your ad simultaneously in the AJC, on ajcjobs.com and on POST A JOB IN THE AJC FOR LESS THAN $300! 33555 Call 404-526-2500 or email [email protected] today! 90,000 HR Professionals Can’t Be Wrong They understand the value of achieving the PHR (Professional in Human Resources), SPHR (Senior Professional in Human Resources), GPHR (Global Professional in Human Resources) or PHR-CA/ SPHR-CA (California-state) certiÀcation from HRCI: P Respect P Credibility P ConÀdence P Competitive Advantage Should YOU be among them? PHR & SPHR Testing Window: May 1, 2008 – June 30, 2008 Regular deadline: March 14, 2008 Late deadline: April 18, 2008 GPHR & PHR-CA/SPHR-CA Testing Window: May 1 – May 31, 2008 Regular deadline: March 14, 2008 Late deadline: April 18, 2008 PHR, SPHR and GPHR certiÀcation is intended for professionals who have at least two years of exempt-level (professional) HR work experience. Log on to www.hrci.org/certiÀcation/2007hb for more information. Read about the Californiastate certiÀcation at www.hrci.org/certiÀcation/ca 07-0958 www.hrci.org WillStaff Worldwide has the employees you need to keep your business world going round. Temporary Temp-to- hire Career Placement National Recruiting Gainesville 770-534-6024 With our 20-minute call back, extensive screening process, and benefits for employees, our world revolves around you. Duluth 770-717-1131 Douglasville 770-739-9662 Eatonton 706-485-2951 Call Today or visit us on the web! www.willstaff.net 355768_Willstaff.indd 1 1/30/08 6:02:18 PM Companies want wellness. Lifesigns delivers it. • Physician-run clinics • Comprehensive/Executive physicals • HRAs • Wellness coaching • On-site health fairs • Follow up programs • Accepts most major insurance plans 800-763-EXAM (3926) www.lifesignsmd.com 4 I The Human Resource 339209_lifesigns.indd 1 ©2007 The Prevention Group ᒌ 2/1/08 4:35:26 PM HUMAN THE RESOURCE SPRING 2008 An Official Publication of SHRM-Atlanta Julie Elgar Editor Ford and Harrison LLC, Attorneys at Law [email protected] Please contact Julie if you’d like to submit an article for consideration. | In Every Issue 6 President’s Message 19 Employment Law Q&A on Various Employee Time-off Issues in Georgia Sandra Hofmann Closets and More Board Chair Alisa Pittman Cleek Elarbee, Thompson, Sapp & Wilson LLP 2008 President By R. Read Gignilliat 22 Legal Alert The Pension Protection Act of 2006: Emerging 401(k) Trends – One Year Later! Susan Davidson Cox Newspapers Inc. Nancy Geraghty Tensar Corporation Michael Grindell 22 Square By Chip Hunt and Chip Hardy John Saunders United Parcel Service 26 Legislative Update FMLA Expansion Likely Looms Ahead 10 2008 SHRM-Atlanta Board of Directors Marsha Sampson Johnson Southern Company By Bradford G. Harvey Thana Sakas Lee Hecht Harrison Linda Ricklef Post Properties 28 Upcoming Events 2008 happenings you won’t want to miss. Nancy Vepraskas, SPHR Genuine Parts Company | Features 10 Pay for Performance Times have changed. In order to keep valuable top performers out of the prying clutches of competitors, your approach must change, too. By David Karel 22 I Published by 13 The Bad Will Do You Good Love them or hate them, the mavericks in your office can be a beneficial asset to your team. By Martha I. Finney Advertisers 29 30 30 The Human Resource is published for SHRM-Atlanta 3525 Piedmont Rd. Building 5, Suite 300 Atlanta, GA 30305 Phone: 404-442-7335 Fax: 404-240-0998 Web: www.shrmatlanta.org 16 Yearlong Resolutions Index of A fresh take on resolutions we should make and Advertisers keep throughout the year. Business Resource By Joe Godwin Listings Advertiser.com On the cover: Introducing 2008 SHRM-Atlanta President Alisa Pittman Cleek. Naylor, LLC 5950 N.W. First Place Gainesville, FL 32607 Phone: 352-332-1252 Toll Free: 800-796-2638 Fax: 352-331-9077 Web: www.naylor.com Publisher: Mark V. Migliore Naylor Editor: Tara Horstmeyer Layout & Design: Lexie Smart Advertising Art: Glenn Domingo Advertising Director: Marcia Oldham Advertising Sales: Rasheed Johnson, Mary Johnston, Annetta Lewis, Cheryl Miller, Beth Sheahan, Gina Sinnett ©2008 Naylor, LLC. All rights reserved. The contents of this publication may not be reproduced by any means, in whole or in part, without the prior written consent of the publisher. PUBLISHED MARCH 2008 SHR-Q0108/6760 Spring 2008 I An official publication of SHRM-Atlanta I 5 | PRESIDENT’S MESSAGE The Coming Year: Developing HR Champion By Alisa Pittman Cleek EVERY YEAR, the incoming president uses this space to share his or her agenda for the upcoming year. Really, the agenda is not mine. It is our agenda as an organization. It is your agenda. And we have an exciting year ahead. There are two main points of emphasis for the coming year. First, we will be organizing our programming around one theme: Human Resource Champions. Ten years ago, Dave Ulrich introduced the HR community to his groundbreaking book, and there remains much we can learn from Ulrich’s ideas. Second, we want to enhance the value that you derive from your SHRMAtlanta membership. As a society, we want to always ensure that our members receive the best educational and mentoring opportunities. Human Resource Champions Traditionally, HR has been defined by its functions: policy enforcement, compensation, benefits, training, recruiting, etc. To be successful under such a model, HR professionals have to master all of the administrative steps associated with those functions: which forms to complete, eligibility guide- lines, etc. When HR professionals become functionaries, however, they are easily replaceable. When the executives view the HR department only as a collection of administrative staffers, the department loses its ability to make an impact on the organization as a whole. To avoid becoming a functionary, HR professionals must learn how to demonstrate that HR delivers value to their companies. This does not mean abandoning the traditional core of HR. HR professionals first must develop expertise in those administrative functions of the position. But being an administrative expert is only the initial step. HR must also be an employee champion. This involves efforts to ensure that your organization is a fair, just and safe workplace. It also requires helping employees realize where and how they add value to the company, which may include helping employees gain opportunities to succeed in the workplace—to maximize their skills so they feel a part of the company and so the company sees the benefits the employees offer. However, being an employee champion does not involve teaming with employees to “fight” the company. That said, a valued HR professional will be a change agent. To be successful in today’s business environment, companies must be nimble. HR can play a key role in achieving the requisite flexibility to adapt to changing economic situations. Change agents sustain the organization’s current performance and work to ensure its future success as well. An HR professional who is an administrative expert, employee champion and change agent is positioned for a “seat at the table” to become a strategic partner with the other business groups in the organization. A strategic partner understands the company’s short- and long-terms goals and aligns HR’s agenda to the company’s overall strategy. What we hope to accomplish this year is to deliver programs that provide our members with the opportunities to develop the competencies needed ultimately to become strategic partners in their organizations. Ulrich identifies personal credibility as a key competency that successful HR professionals must develop. There are a number of components to personal credibility, and we are planning programming this year that will assist our members in practic- HR professionals and HR departments that deliver results are invaluable to their companies. We are striving to make that a reality for all of our members. 6 I The Human Resource To be successful in today’s business environment, companies must be nimble. HR can play a key role in achieving the requisite flexibility to adapt to changing economic situations. ing those behaviors. It is one thing to talk about these ideas theoretically, but what our members want is some practical ways to put these concepts to work. Becoming a Champion There are many ways to develop the necessary skills of an HR champion, but one of the bests sources lies within our own membership. We have a diverse group of professionals in SHRM–Atlanta. We have many members who have been in the HR field for decades and have seen the profession change and grow. We also have a new generation of members who have degrees in HR from some outstanding institutions but who may lack experience in the field. We think both groups have something to learn from each other. We want to encourage our seasoned members to share their experiences with the newcomers through mentoring programs and roundtables. We also want to see the newcomers share what they have learned to inject some fresh ideas, approaches and perspectives that can help everyone expand their catalog of resources. Our programming for the coming year will move through each of the four quadrants that Ulrich describes. In fact, our Spring Assembly on March 18 will be the fi rst major programming event of the year where we will be exploring these concepts and developing our skills. There are a number of peo- ple who are new to HR—either fresh out of school or who have moved over from other areas of their respective organizations. For those people, we will continue to provide tools for them to move toward mastery of the administrative aspects of HR. That is where personal credibility begins. The following months will include seminars and speakers who will help us become employee champions, change agents and strategic partners. Regardless of where we are experientially, I believe all of us can benefit from learning more in each quadrant. Even in the administrative expert segments, our seasoned members can use the refresher and enhance the learning for our newest continued on page 8 Elarbee Thompson has provided labor and employment solutions to employers nationwide since 1973. We partner with clients to develop practical responses to complex labor and employment problems so they can focus on what is most important: meeting their organization’s business objective. Elarbee, Thompson, Sapp & Wilson LLP 800 International Tower • 229 Peachtree Street, N.E. Atlanta, GA 30303 www.elarbeethompson.com For more information call Alisa P. Cleek at 404-582-8446 or [email protected] “Keeping the Workplace a Place to Work” 364522_Elarbee.indd 1 Spring 2008 I An official publication of SHRM-Atlanta I 7 1/28/08 7:22:37 PM Our goal is to help our members be in a better position to deliver value to their companies continued from page 7 members by adding an experiential component to lend some context to the administrative components of HR. And even if our newest HR professionals are not ready to be strategic partners, the exposure to those who have a seat at the table will augment their progression through the other quadrants. Our goal is to help our members be in a better position to deliver value to their companies. Delivering value comes with utilizing one’s competencies to partner with the executive level in your organization. HR professionals and HR departments that deliver results are invaluable to their companies. We are striving to make that a reality for all of our members. & Assessing developing bench strength Let Turknett help you with talent management - from assessing and identifying high potentials - to designing a development curriculum. Our approach will ensure leadership continuity and a pipeline of leaders ready to meet the challenge of achieving long-term goals. Find out more by visiting our website or call 770.270.1723. www.turknett.com 8 I The Human Resource 358295_Turknett.indd 1 Celebrating 20 years of strengthening senior leadership, developing bench strength & transforming teams & organizations 2/19/08 8:05:50 PM About Alisa Pittman Cleek, SHRM-Atlanta President Alisa Pittman Cleek grew up in Swainsboro. If you’ve ever driven south on Interstate 16 on the way to the Georgia beaches—and blinked— you might have missed it. Swainsboro may be a small town, but it provided some great lessons that stay with her today. She learned the benefits of hard work and the value of leadership and community involvement in Swainsboro. Those are lessons that she will bring to SHRM-Atlanta over the next year. It is no surprise Cleek followed in her father’s footsteps by becoming a CPA. Her father obviously had a tremendous impact on her and her sisters as all three sisters are CPAs. Cleek, however, decided to continue her education and also follow in her grandfather’s footsteps by becoming an attorney. She found her niche in employment law at Elarbee, Thompson, Sapp & Wilson, which offered her the ability to build relationships with clients and work with them as a team to solve problems. She has spent her entire career with Elarbee Thompson, where she is currently a partner. Cleek was recently chosen by her peers as one of the top 50 female attorneys in Georgia for two consecutive years. Cleek also spends her time as a member of the Board of Directors for the University of Georgia Terry College of Business and as chair of the Board of Directors of the Women in the Profession Section of the Atlanta Bar Association. She also is a member and volunteer at the Buckhead Church. In Cleek’s spare time, you will find her spending time with her husband of only a year. This IT hiring manager is sleeping like a baby. His HR representative uses Search Smart. With more than 50 years of experience at the company, a worry-free search isn’t as far fetched as you might think. It begins with an innovative search process that combines the best qualities of an online service with all the knowhow of an experienced search recruiter. Call us today to find out how easy it is to put your IT hiring manager’s mind to rest. 3%!2#(3-!24 SFDSVJUJOHXJUIJNQBDU 678-646-5600 • [email protected] 341023_Search.indd 1 1/28/08 7:36:31 PM Put your employees and their families on the right path, with the Path2College 529 Plan, and they can go almost anywhere. With the cost of higher education rising at alarming rates, the need for families to begin saving for the eventual costs of college has become even more important. Providing information and access to your employees about the benefits offered by the Path2College 529 Plan, established by the Georgia Higher Education Savings Plan, including the Georgia state tax deduction on contributions, is an important responsibility that we would be happy to assist you with. (Read the Disclosure Booklet for more information on the Georgia state tax deduction.) At no cost, we are available to: Q Host a college savings seminar for your employees. Q Provide an information table staffed by our own consultant. Q Facilitate employee contributions through payroll deduction. Q Offer information about the Path2College 529 Plan on your company intranet site or other channels. You may also learn more about the Path2College 529 Plan by going to the website at www.path2college529.com/get529now If you have any questions about the Path2College 529 Plan, or if we can assist you in introducing this benefit to your employees, please contact Alysia Baker at 1-800-842-2003 ext. 3504 or by email at [email protected]. Consider the investment objectives, risks, charges and expenses before investing in the Path2College 529 Plan. Please visit www.path2college529.com/get529now for a Disclosure Booklet containing this and other information. Read it carefully. Before investing in a 529 plan, you should consider whether the state you or your Beneficiary reside in or have taxable income in has a 529 plan that offers favorable state income tax or other benefits that are only available if you invest in that state’s 529 plan. The tax information contained herein is not intended to be used, and cannot be used by any taxpayer for the purpose of avoiding tax penalties that may be imposed on the taxpayer. It was written to support the promotion of the products and services addressed in the Web site. Taxpayers should seek advice based on their own particular circumstances from an independent tax advisor. The State of Georgia, its agencies, TIAA-CREF Tuition Financing, Inc., Teachers Insurance and Annuity Association of America and its affiliates do not insure any Account or guarantee its principal or investment return except for TIAA-CREF Life Insurance Company’s guarantee to the Board of Directors of the Georgia Higher Education Savings Plan under the Funding Agreement for the Guaranteed Option. Account value will fluctuate based upon a number of factors, including general market conditions. © 2008 TIAA-CREF Tuition Financing, Inc., program manager. TIAA-CREF Individual & Institutional Services, LLC, member FINRA, distributes the GA0801.AD Path2College 529 Plan. C40610 362125_Georgia.indd 1 Spring 2008 I An official publication of SHRM-Atlanta I9 1/28/08 7:31:03 PM | FEATURE Pay for Performance By David Karel W ork used to be so much simpler. Forty, 30 and even 20 years ago, people went to work for the same companies, rarely changing jobs from the time they entered the workforce to the day they retired. The decline of the American manufacturing industry and the rise of the information industry have rearranged the typical career path from one of passive stability to volatile fluidity for both employers and workers. In other words, things have changed. Workers now have many more career paths and greater opportunity, but face increasing competition within the workplace as people become generally better educated and more experienced. Likewise, businesses have a wider pool of talent from which to choose, but face significant obstacles in attracting and retaining top talent. Given all these emerging challenges facing businesses, how do they possibly go about keeping those valuable top performers out of the prying clutches of competitors? The answer is pretty simple—give them a reason to stay. Keep them motivated, engaged, aware of what they do every day and how their good work helps move the business forward. In easier terms, make sure employees have a voice by constantly having open evaluations of performance, and when they do a good job, pay them. For as simple as that seems, analysts estimate that a lot of companies aren’t doing all they can to engage employees: 95 percent of employees don’t understand the strategy of the company they work for; 68 percent of employees say their company doesn’t manage employee performance well; 76 percent of employees believe their companies do a bad job of helping poor performers improve. Most importantly, only 38 percent of employees see performance linked to compensation at their company. These statistics point to a severe lack of engagement in the workplace, which can crush organizational productivity and momentum. The silver lining is that these issues can be readily addressed by creating a culture of performance at work. Keeping workers motivated has always been a prime concern for business, but has long been in conflict with the one-dimensional manner in which compensation decisions are generally made. To be successful, companies need to think about driving motivation over a long period of time, not just the next six months. The answer lies in leveraging technology that can drive a comprehensive, fair, 360-degree compensation planning process that becomes part of company’s cultural fabric The motivational workplace is one where success is transparent, career paths are clear and each employee knows their value and contribution to the company. 10 I The Human Resource Keeping workers motivated has always been a prime concern for business, but has long been in conflict with the one-dimensional manner in which compensation decisions are generally made. and aligns employees’ personal career goals with the overall goals and vision of the business they work for. Take, for example, a worker who enters a company and immediately proves to be a star—someone who should be put on a fast track for long-term success in the organization. But, after working for a year or two and living with standard annual or bi-annual reviews and raises, he or she develops the impression that they’re not really being rewarded for the great work they’re doing. Building a meritocracy within the workplace to constantly offer rewards, feedback and incentives is one of the best ways to keep employees happy, motivated and productive. The motivational workplace is one where success is transparent, career paths are clear and each employee knows their value and contribution to the company. A meritocracy also helps people at every level of a company. Employees have constant awareness of expectations, more meaningful performance reviews and rewards, as well as the opportunity to gain visibility for differentiated performance. Managers, on the other hand, have increased productivity from individuals on the teams they manage, as well as improved credibility in the eyes of those they manage and the ability to objectively identify and develop poor performers. Lastly, executives have their entire workforce aligned to strategic objectives throughout the company and a more agile organization with increased communication on all levels. The most important component of a meritocracy is an objective evaluation system, driven by goals and expectations and measured by a worker’s true accomplishments. If an employee outperforms his or her goals and expectations, they are concurrently rewarded with commensurate bonuses or pay raises. Equally important is the ability for employees to see their performance next to expectations and how they are differentiating themselves from their peers. Besides driving motivation and production, these components also produce several positive byproducts. First, it creates a system where workers have actual goals to measure themselves by, where performance metrics have become transparent and tangible ways to improving are made clear. Employees can see firsthand how their work is driving and contributing to the business performance of the company. Every company is somewhat unique in terms of its evolution, industry and strategic objectives, so there’s no one solution that can be applied generically across organizations. That being said, if businesses start thinking of employee motivation and satisfaction as a core component to their success and plan for it, they’re halfway there. Creating a culture based around performance doesn’t take a radical shift in direction, just a little creative thinking. David Karel is director of Product Marketing at SuccessFactors where he is responsible for marketing the company’s suite of Performance & Talent Management applications. Karel has 15 years of experience in marketing and information technology. Prior to SuccessFactors, he held positions at Instill Corporation, SiVerion, Siebel Systems, and was the founder and CEO of MBAVision, an online recruiting and career development portal. Karel holds a BA from Tufts University and an MBA from the Wharton School of Business. Spring 2008 I An official publication of SHRM-Atlanta I 11 Recognized Employee Benefits Specialists since 1963 • • • • • • Group Health Insurance - Fully Insured or Partial Self-Funded Life, Dental, Vision, Disability Insurance, 401K Flexible Spending Accounts (FSA / Section 125) MSA, HRA, HSA COBRA/HIPPA Administration Administration and Claims Management Services for Partial SelfFunded Group Health Plans and Workers’ Compensation Employer Customized Secure Website Disease Management, Employee Assistance, and Wellness Programs • • Developing People • Maximizing Performance Our innovative programs help clients: • Develop Leaders • Communicate Effectively Compliance Support and Training for Clients • • • • OSHA Training / Inspections Sexual Harassment FMLA / USERRA Employee Handbook and Creation HIPPA / COBRA • • • • • • • Create High Performing Teams I-9 Compliance Policies and Procedures Audit and Implementation EEOC FLSA ADA, and more • Improve Retention • Build Relationships ASSESSMENTS | FACILITATED PROGRAMS | E-LEARNING 2951 Flowers Road South, Suite 217, Atlanta, GA 30341 PH: 770-451-6222 / 800-533-7896 FAX: 770-936-2638 www.stoweassociates.com 366717_StoweAssociates.indd 1 5555 Glenridge Connector, Suite 200 • Atlanta, GA 30342 404-459-4030 • www.TalentBuildersInc.com 2/8/08 3:55:28340011_talent.indd PM 1 8/1/07 2:21:21 PM F or over 16 years, CorpCare Associates has provided full-service Employee Assistance Programs (EAP). We are dedicated to improving the health and productivity of our client’s employees, diminishing complex problems for the HR professional and transforming employee behavior. ® With over 11,000 nationwide, CorpCare emphasizes personal care, timely reporting and service reliability. If you are seeking dependability and responsiveness with a personal touch, CorpCare is your solution. Our customized services include: • Employee Assistance Programs • DOT/ SAP Services • Wellness Programs • Biometrics Testing • Ergonomic Evaluations • Drug Testing • Work-Life Services • Background Checks • Executive, Team/Individual Coaching For more information, call 877.843.6036 or email us at [email protected]. www.corpcareeap.com 12 I The Human Resource 363612_Corpcare.indd 1 Veterans make the best employees Quality candidates, not quantity! The leading military job board For a media kit, call 877-838-5627 770-993-5117 www.vetjobs.com Sponsored by Veterans of Foreign Wars 1 1/28/08 7:15:47362670_Vetjobs.indd PM 1/9/08 3:23:20 PM | FEATURE The Bad Will Do You Good By Martha I. Finney Y ou may not believe in divine retribution, but you have an employee who makes you wonder what you did in the past—or past life—to deserve this nightmare now. Whatever it was, it must have been pretty bad. He gets the job done, and then some, so you can’t ding him on performance. Darn it. But he has zero respect for authority, not to mention lesser social conventions like, say, socks. His work schedule seems to be synchronized to a time zone on the other side of the planet. So you can just forget about him showing up to any regular meetings, which is just fine by you anyway. He’s subversive, sarcastic, hard to motivate and impossible to threaten. When your more gentle, creative employees come up with a good idea, they politely propose it to the group asking, “Why not?” But when he comes up with an idea, he’s in your face, demanding to know, “Why the hell not?” He clearly thinks you’re a doofus. And, worse yet, he has the power to make you think that maybe he’s right. He’s a walking poke-in-the-eye, dastardly disguised—but just barely—as a human being. Ah, mavericks. You gotta love them. No. Really. You have to love him. He could be the best thing that has happened to you. Mavericks are passionate, revolutionary, ingenious, independent and completely dependable. (You just have to figure out what they’re dependable for and then go with that.) They’re the ones who take nice little companies and transform them into roaring change machines that write not only the new code but also the new vocabulary and rules. Great or beloved companies are started or spun on the ideas of mavericks. Apple, of course. Whole Foods. ING Direct. Patagonia. Pixar. FedEx. Industrial Light and Magic. Cirque du Soleil. Wikipedia. Craig’s List. If you have a maverick in your group, whisper a silent prayer of thanks and then hang on tight. continued on page 14 EXCERPTED FROM “GETTING THE BEST FROM PEOPLE: GET RID OF THE CARROT AND THE STICK,” FINANCIAL TIMES, FEBRUARY 2008; REPRINTED WITH PERMISSION. Spring 2008 I An official publication of SHRM-Atlanta I 13 If you have a maverick in your group, whisper a silent prayer of thanks and then hang on tight. continued from page 13 Your main job is to keep mavericks on your team—and to keep your team from wringing their necks when you’re not looking. Give Them a Goat In horseracing, high-strung horses used to be assigned pet goats to keep them placid in their stalls (hence the saboteur’s expression: “to get one’s goat”). Everyone needs a friend, even mavericks. And mavericks especially could use a trusted counterpart to bounce ideas off of and to share insecurities and questions with. If you notice your maverick congenially pairing off with another coworker, fi nd ways to keep them together. Don’t try to engineer the relationship according to preconceived ideas of what a good goat is. You’re not necessarily looking for someone who’s meek to complement the one who’s wild. Even if you’re looking at two mavericks who have found each other, great! Put them together. At least they’ll stop bugging everyone else. Maybe. Give Them All the Latitude They Want, Without Special Treatment If your company offers some sort of flextime, give your mavericks all the elasticity they’ll run with. Just make sure they know you expect to actually see some productivity. If they do their best work at 1 a.m., there’s comfort in knowing that at least you’re getting good training for running a global team. Hear Them Out Much of that in-your-face energy they bring to meetings (or conversely, the what’s-the-point-of-even-trying energy) comes from a past of being discounted by people who dismissed their originality. Be the fi rst manager who actually listens, even to the point of asking questions that draw out additional ideas about implementation, distribution, marketing, etc. Be the one they know they can trust with a half-baked, but brilliant, notion. And they’ll see you as one of their team members who might not be such a doofus after all. Ask Them If They Have Any Friends Believe it or not, they just might. And you can bet these people are just as smart and visionary as your staff mavericks. If you mix more brilliance in your group, you could end up with a well-balanced team of collaboration, breakthrough ideas and the roundthe-clock energy to make those ideas reality. Who knows? Maybe those mavericks will make you their mascot! Martha I. Finney helps companies achieve their mission-critical goals by leveraging the passion of their people. A consultant specializing in employee engagement, and a speaker, she is also co-author of HR from the Heart: Inspiring Stories and Strategies for Building the People Side of Great Business, with Libby Sartain. She can be reached at [email protected] BENEFITS SPECIALISTS ARE LOOKING HERE. ACCOUNT EXECUTIVES & CSRs ARE LOOKING HERE. MANUFACTURING & CONSTRUCTION WORKERS ARE LOOKING HERE. ACCOUNTANTS & CPAs ARE LOOKING HERE. HRIS EXPERTS ARE LOOKING HERE. THE BEST LOCAL CANDIDATES. IF YOU’RE LOOKING FOR THEM, YOU MIGHT CONSIDER LOOKING HERE TOO. THE RIGHT TALENT IS CLOSER THAN YOU THINK.SM TO ADVERTISE CALL 205.380.2430 OR E-MAIL [email protected] al.com is the online home of The Birmingham News, The Huntsville Times and Press-Register. 14 I The Human Resource 366708_AL.indd 1 1/28/08 7:50:51 PM 18th Annual SHRM-Atlanta Fall Conference ©www.iStockphoto.com/Eric Hood October 6-7, 2008 • Cobb Galleria Centre, Atlanta, Georgia This two-day conference features two high-prołle keynote speakers and approximately 60 concurrent educational sessions over two days. This event boasts outstanding participation from HR professionals. Participating companies range from small consulting łrms to large industrial and service giants. The conference delivers valuable, relevant HR material – great for those that need continuing education credit for their PHR/SPHR certiłcation. Typical attendance is 1,000. A Resource Partner exhibitor showcase is held in conjunction with this event with space for approximately 100 booths 10’ x 10’. Exhibit hall sold out in 2007. Booth assignment on łrst-come basis. www.shrmatlanta.org | FEATURE Yearlong Resolutions 2 B By Joe Godwin y now, many of us have already dropped the resolutions we made Jan. 1, and are back to our old eating habits, procrastination and again not finding time to exercise. This month, I’d like to suggest some resolutions we could all make, and keep throughout the year. 1 16 I resolve to manage as if other people’s opinions matter, and will seek assistance on important actions or decisions. We are often called by a client who starts off the conversation, “Let me tell you what I did yesterday, and see if it’s OK.” In many cases, if it’s not “OK,” it’s too late to do anything about it. There are several specific instances in which a manager should consult with his/her attorney or consultant prior to taking action. Those include, but of course are not limited to: (a) firing an employee, particularly one who is in I The Human Resource one of the various protected groups by virtue of age, disability, gender, race, etc.; (b) layoffs, unless your company has a regular fluctuation of employees and layoffs are handled with a common procedure; (c) responding to a request for information from a federal or state agency; (d) responding to a complaint of harassment or discrimination; or (e) taking deductions from a departing employee for things such as broken equipment, theft or taking unearned vacation. All of these actions are unique in each occurrence, and what was a good answer “yesterday” may not still be a good answer “today.” It’s better to discuss it and avoid problems than to call and ask us to get you out of a problem. 3 I resolve to review my employee handbook if I have one, or write one if I don’t have one, and make sure every employee I have gets a copy. I’m frequently asked, “How many employees do you have to have to need a handbook?” My answer: “I don’t know, how many people does it take to have a misunderstanding?” Laws and regulations change frequently, and so must the rules and expectations you set forth for your employees. A handbook doesn’t have to be extensive, and it doesn’t have to be long, but it does need to be clear and cover any issues that are important to you. I resolve to make sure I understand how the Fair Labor Standards Act (FLSA) and state employment laws apply to my business, and make sure I fi x any areas of non-compliance. The danger of not complying with the overtime, minimum wage, child labor and independent contract requirements of the FLSA is well documented. Yet, last year there were more lawsuits filed and Department of Labor (DOL) complaints than ever before, and the “other side” is getting better all the time. An employer, particularly a small employer, absolutely cannot afford the risk of non-compliance in these areas. Once a lawsuit is filed, it’s going to get expensive – win or lose, and in the majority of wage-hour cases, the employer will lose. 4 5 6 Finally, I resolve to take the steps necessary to make my company an “employer of choice,” a place where my employees want to stay, and where other people want to get jobs. Better management leads to better employees, more productivity, lower costs and less stress. It’s worth the effort. I resolve to make sure all my I-9s are complete, correct and filed properly, that I use the correct new I-9 Form, and that I will not ignore any more Social Security no-match letters. Enforcement on all immigration matters is getting tighter, and you will not be able to expect “benefit of the doubt” for an error if your compliance practices are generally not in good shape overall. I resolve to listen to disgruntled employees, and give some analytical consideration before making a decision. It’s the complainers sometimes who’ll tell you the truth. Many times we’ve been called in to manage a DOL complaint and ask the client if they had any idea the employee was not being paid correctly. Too often, the answer is, “Well, there had been some complaining or rumors that it wasn’t right, but I just thought it was disgruntled employees.” I guess they were disgruntled if they weren’t being paid right – wouldn’t you be? And we’ve all seen an employer being interviewed after a lawsuit is filed whose best response is, “Oh it’s nothing – just disgruntled employees.” So, it’s one or the other, were they disgruntled when you hired them, or did you make them disgruntled? It’s better to listen to 10 unfounded complaints in order to find the one valid than to ignore the complaints until you get to court. YOU DIDN’T SETTLE FOR ORDINARY EMPLOYEES. SO WHY SET TLE FOR AN ORDINARY HEALTH PLAN? Look for more than just a choice of plans and doctors. Choose a health plan that offers extraordinary value. With Kaiser Permanente’s affordable suite of solutions—including Multi-Choice plans with a PPO network and over 7,000 metro-Atlanta doctors, HSA-compatible plans, and a variety of HMO plans—you’ll have the choices you need to keep employees happy and costs down. Then there’s the extraordinary. Like our ability to help keep your employees healthy and productive with our unique integrated delivery system and high-performance network. Not to mention proven wellness programs, empowering online tools, 24-hour health coaches, and award-winning* disease management. And our cutting edge electronic health record system that gives doctors at our medical centers—and your employees—secure online access to real-time data. To learn more about the extraordinary value you’ll enjoy with Kaiser Permanente, visit kp.org, contact your broker, or call us at (404) 364-7105 today. * Kaiser Permanente’s Care Management Institute was named the Best Disease Management Program for a Managed Care Organization in 2004 by the Disease Management Association of America. EMP/AD-070281A 6/07 Kaiser Foundation Health Plan of Georgia, Inc. Nine Piedmont Center 3495 Piedmont Road, NE Atlanta, GA 30305 344993_kaiser.indd 1 Spring 2008 I An official publication of SHRM-Atlanta I 17 10/29/07 5:27:24 PM 2008 SHRM-Atlanta Link with a Leader May 15, 2008 • Atlanta History Center TM SHRM-Atlanta’s Link with a Leader Auction reception and auction will be one of the most enjoyable, high-profile evenings you have ever spent with your colleagues. Join us for an evening of fine food, drinks, and socializing. There will be an elegant buffet, open bar, live music, and lots of fun! Senior executives will be “auctioned off” in both silent and live auction events. The highlight of the evening features a live auction during which participants bid for time with executives from some of Atlanta’s highest profile companies. Bidders will have the chance to win valuable one-on-one time in most cases with two influential senior executives (many times the senior HR Executive is paired with a CEO, CFO or CIO associate) from one of Atlanta’s prestigious companies. Winning bidders will receive a certificate with the name and contact information of your executive and are then responsible for contacting them to arrange a mutually convenient time and place for your meeting. CONFIRMED* AUCTIONEES There are typically 30 companies represented in the auction, and approximately 300 people attend this event. Sponsors and auctionees are also invited to an exclusive VIP reception to prepare for the event. Acuity Brand Lighting Goodwill Industries of the Southeast Assurant Solutions Hartsfield Airport Bank of America Kauffman Tire CBeyond KPMG ChoicePoint* Kroger CIBA Vision Post Properties Comcast Randstadt Cox Communications Southern Company EMS Technologies SunTrust Banks, Inc. Equifax Inc. The Coca-Cola Company Genuine Parts / NAPA WellStar Health Systems * Confirmed at time of print | EMPLOYMENT LAW Q&A on Various Employee Time-off Issues in Georgia By R. Read Gignilliat Q EMPLOYEES’ RIGHT TO TAKE OFF TIME TO VOTE IS MORE LIMITED THAN MOST REALIZE Q. Historically, we have allowed all employees to take off two hours with pay on days on which there are federal, state or local elections, but our new vice president of HR says only certain employees are entitled to such leave and that it’s not paid leave. What exactly are an employer’s obligations under Georgia law with respect to this issue? A. Georgia law requires all employers to permit their employees to take time off to vote in any municipal, county, state or federal political election. As your new VP is obviously aware, however, there are a number of limitations to this law. First, the law requires that the employee be a registered and qualified voter in the election in question. Second, the employee is not entitled to such leave if his/her work schedule begins at least two hours after the polls open or ends at least two hours before they close. Thus, for example, if the polls open for a given election at 7 a.m. and close at 7 p.m., no employee who is scheduled to report to work at or after 9 a.m. or whose work day ends at or before 5 p.m. would be entitled to take leave to vote in that election. Third, the law provides that an employee forfeits his/her entitlement to leave if he/she fails to provide reasonable notice to the employer. Fourth, employees may take e no n more than two hours to vote, and the employer may specify the time. Finally, e the law is silent with respect to whether leave to vote may be unpaid, although l the attorney general has expressed the opinion that paid leave is required. o EMPLOYEES’ RIGHT TO TAKE OFF TIME TO RESPOND TO O SUBPOENAS AND SUMMONSES S IS ALSO MORE LIMITED THAN MOST REALIZE Q. We have received separate requests for time off for court appearances from three different employees. Our COO does not believe that we are required to t approve any of the requests. The first employee provided us with a copy of a subpoena he received in connection with a criminal case going to trial in another state. The second employee provided us with a copy of a jury summons he received. The third employee provided us with a subpoena for his own DUI trial. What are our obligations under the law to these three employees? threaten to penalize the employee because of such a work absence. This law is not without its exceptions, however, some of which apply to two of the three employees you describe. The first employee is not entitled to leave under the statute because a subpoena purporting to compel his attendance at a trial in another state would not be valid, and the statute protects only employees whose attendance is actually required by the subpoena or summons served on him. The second employee is entitled to leave, provided that the summons he received requires that continued on page 21 A. Under Georgia law, employees are entitled to time off for jury duty and to attend court proceedings when their attendance is required by subpoena or other court order. An employer may not discharge, discipline, penalize or Spring 2008 I An official publication of SHRM-Atlanta I 19 A>K:DJID;IDLC# CDIDJID;NDJG GDJI>C:# 6iBVgg^dii:mZXjHiVnlZ¿aa ÇcYi]ZeZg[ZXi[jgc^h]ZY heVXZidÇidjg\jZhih¿ cZZYhVcYXdbeaZbZci i]Z^ga^[ZhinaZh# ;jaan[jgc^h]ZYVeVgibZcih [dghiVnhd[(% YVnh# Djgajmjg^djh:a^iZ 9gZVbZgWZYY^c\ ZchjgZhVXdonc^\]i¿h haZZe!c^\]iV[iZgc^\]i# :VgcBVgg^diiGZlVgYh ed^cih[dgi]ZZci^gZaZc\i] d[hiVn# 8Vaa-++",')"*)-,dgk^h^i ZmZXjhiVn#XdbidgZhZgkZV hiVnl^i]jh# 336613_marriot.indd 1 7/9/07 11:36:14 362517_RA.indd AM 1 1/7/08 5:21:59 PM YOU can make a difference. What could be GREATER than helping kids to move forward with their CAREERS and their LIVES? The Mayor’s Youth Program is for students in the Atlanta Public School system or children of Atlanta City workers. Although it starts with youth who are 14, it focuses on those youth who are interested in going on to some form of higher education after they graduate from high school. SHRM-Atlanta’s focus in 2007 has been working with high school seniors. For several Saturdays in the spring and fall, we provide workforce readiness training, including workshops on a variety of work and life skills as well as one-on-one interviewing and help with college applications. SHRM-Atlanta’s participation is to help these students be successful in summer internships and earn money for postgraduate education. It is SHRM-Atlanta’s way of giving back to the community in ways only Human Resources professionals can. How can you help? Join Mayor Shirley Franklin and SHRM-Atlanta: • Give your time! • Help fund the project: Volunteer through SHRM-Atlanta’s partnership with the Mayor and The Mayor’s Youth Program can use both cash donations and the Atlanta Workforce Development Agency on a Saturday this donations in kind. Donations are needed for the printing of materials, spring or fall. binders, administrative duties, shirts for the kids to wear to their jobs, etc. • Use your talents: I The Human Resource MayorYouthProgram_Ed.indd Sponsor a student by providing a summer job. These students need Youth Program: be a Saturday coordinator; help call volunteers; good jobs and real business experiences to complete their training keep the database updated; provide content for the training, etc. and to gather funding to go on to school. E-mail [email protected] or [email protected] with your name, corporation, contact information and if you wish to assist this program by participating in a workshop, providing an internship, offering administrative support or providing dollars or in-kind funding. www.shrmatlanta.org 20 • Provide Internships: Volunteer to be the leader for some of the projects within the Mayor’s 1 3/4/08 8:51:07 AM continued from page 19 he serve jury duty in his actual county of residence and provided he gave reasonable notice of his need for the requested leave. This latter point is important, since the law expressly allows employers to maintain and enforce policies requiring employees to provide reasonable notice of any expected absence or delay in reporting to work in order to attend a judicial proceeding. Finally, the third employee is not entitled to leave, because the statute expressly excludes employees whose court attendance is required because he or she has been charged with a crime. GEORGIA LAW PROTECTS EMPLOYEES’ RIGHT TO “DAY OF REST” Q. We recently began operat-362559_Flying.indd ing our Georgia production facilities seven days a week. I am familiar with our obligations under Title VII to accommodate the sincerely held religious beliefs of employees, but does Georgia law impose any similar requirements? A. Yes. Under Georgia’s Common Day 1 1/28/08 7:25:09 PM Get 15% off a 30-Day Job Posting of Rest Act, businesses that operate on You have open job requisitions. either Saturday or Sunday must make AtlantaJobZone.com has the local reasonable accommodations to the recandidates you need...today! ligious, social or physical needs of employees whose habitual day of worship Save 15% when you post a job before falls on one of these two days. O.C.G.A. October 26, 2007. § 10-1-573. The accommodations made Use Promo Code when purchasing your 30-day job posting by the employer should be designed to permit the employee to enjoy the same benefits as employees whose employers Go to www.AtlantaJobZone.com or have not selected the day of worship as a work day. Public sector employers should note the following partial ex-339551_Atlanta.indd 1 emption: “The prohibitions of this [Act] are not applicable to any ... government department or agency in the conduct of its official duties nor to the employees thereof in the discharge of their official duties.” O.C.G.A. § 10-1-576. Make Your Move! Promo Code: SEP530 call (404) 795-6658 7/23/07 1:46:12 PM Talent Management Solutions R. Read Gignilliat is a partner with the Labor and Employment law firm of Elarbee, Thompson, Sapp & Wilson, LLP in Atlanta. He can be reached at gignilliat@ elarbeethompson.com or (404) 582-8442. recruiting management • onboarding & life events • performance management compensation • employee intranets www.silkroadtech.com Spring 2008 362350_SilkRoad.indd 1 I An official publication of SHRM-Atlanta I 21 1/28/08 7:33:50 PM | LEGAL ALERT The Pension Protection Act of 2006 Emerging 401(k) Trends— One Year Later! By Chip Hunt and Chip Hardy IN PREVIOUS publications, our article “New Pension Protection Act Signals a NEW ERA for the Private Pension System,” stated that “the Act provides the foundation and the momentum for new plan design options, funding considerations and investment strategies.” We had no idea the magnitude and speed with which the Act’s influence would be realized within the 401(k) market. This article considers the Pension Protection Act (PPA) and other key events of the past year to show their impact on the rapid transformation of the American pension system. In response to these events, 401(k) plans are undergoing a complete redesign in companies all across America. In considering the new plan designs, planners generally have dual objectives in mind: managing fiduciary risks and redefining “plan success” measures. Without a doubt, the increased concern over fiduciary risks has been influenced by significant media coverage. A new vision for 401(k) plans has been driven by service providers, consultants and concerned employers. This vision transitions 401(k) plans from a voluntary supplemental savings plan to a managed retirement program designed to be an income replacement tool. This is a significant philosophical shift. 22 I The Human Resource The Defining Events Influencing Change Shortly after the passage of the PPA in August of 2006, a series of un-orchestrated events transpired that have made a uniform, consistent and profound impact upon the retirement system. A brief review of these events will add perspective on how they are re-shaping the 401(k) plan. To begin, PPA, cleared the way for employers to automatically: 1) enroll employees in their 401(k) plan, 2) increase annual employee contribution rates and 3) invest employee money. As an incentive, the legislation also included safe harbor provisions for “automated” plans that eliminate discrimination testing (similar to the old rules) and afford the employer significant fiduciary protections for automatically investing employees’ monies into a “Qualified Default Investment Alternative” (QDIA) as defined by the Department of Labor. Next the 401(k) world took notice when on Sept.11, 2006, the St. Louisbased law firm of Schlicter, Bogard & Deaton, filed class-action lawsuits against 11 major corporations and their respective fiduciary representatives. The suits claim a breach of fiduciary duties by the defendants for failing to protect the interests of 401(k) plan participants through the lack of sufficient oversight of plan fees and expenses that were passed through to participants. This was followed in November by the release of a U.S. General Accountability Office (GAO) report, which became the source for disturbing newspaper headlines across the country. One such headline read, “U.S. Says 401(k) Fees Hurt Millions.” The GAO report was critical of the methods in which hidden 401(k) plan fees were being charged to plan participants without adequate disclosure. In the government’s view, this had the potential to erode retirement savings efforts made by the American worker. According to the report, a 1 percent charge in excess fees could reduce an employee’s account balance by 17 percent at retirement age. The GAO report called for reform by way of increasing fee disclosure. It did not take long for Congress to take notice and for Rep. George Mitchell (D-California) to capture the headlines with a call for hearings on the topic. Subsequently, legislative committees held much publicized hearings in the spring and fall from both sides of the aisle. The attention from the House and Senate makes new laws more likely to happen. Separately, the Department of Labor, the chief enforcement authority over the operational aspects of tax-qualified retirement plans, has been working behind the scenes developing proposals for new fee disclosure requirements. They, too, have recently been hearing testimony on this issue. In March, the Circuit Court in Washington, D.C., overturned the U.S. Securities and Exchange Commission’s brokerdealer exemption. This exemption had allowed brokers to charge an asset-based fee for their services, yet remain in a nonfiduciary status as an advisor as long as their advice was “incidental.” In an ERISA context, this has huge implications given the newly focused attention on fiduciary responsibilities. 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According to some estimates, on average only about 20 percent of plan participants are on track to accumulate sufficient savings. • Employees are not well invested, despite all the plan communications efforts. (According to a study by Boston College, participant-directed investment plans under-performed trustee-directed investment plan by 1 percent despite the fact that 401(k)s, in general, held more equities.) 350981_metroatl.indd 1 10/18/07 5:42:08 PM Take Executive Development to New Heights! Experts project this will increase the financial burden on employees’ wallets. Become an executive coach with the University of Georgia! Employees are facing the prospect of inSherpa Executive Coaching Certification Program Course Dates: creasing health care costs and will have Week One: April 14-18, 2008 • Week Two: June 9-12, 2008 fewer resources to address those needs. Location: The University of Georgia Center for Continuing Social Security can only be fixed through Education Conference Center and Hotel in Athens, Georgia tax increases or benefit cuts. Employees For more information or to enroll, contact Bob Wells at will not have the cushion of the pension 706-542-3537 or [email protected] plan their parents have. In light of this, there is social, economic and political inwww.georgiacenter.uga.edu/is/coach centive to develop solutions. continued on page 24 367069_University.indd 1 Spring 2008 I An official publication of SHRM-Atlanta I 23 2/15/08 3:07:06 PM continued from page 23 being the preferred choice) to improve investment results. 3. Implementing fiduciary standards of care programs to meet responsibilities. 4. Assessing reasonableness of current plan expenses, obtaining proper disclosures and instituting fee monitoring and control mechanisms. 5. Recognition and development of new “plan success” measures, monitoring and reporting. These agenda topics are a direct indication of the need to meet the dual ob- In Response Knowledgeable retirement plan professionals, consultants, advisors, planners, accountants, attorneys and 401(k) service providers are acknowledging the emergence of the following five themes common to most contemporary retirement committee agendas. 1. Inquiry into automated employee enrollment and participation provisions. 2. Using Qualified Default Investment Alternatives “QDIA” (target-date funds A BREAKTHROUGH FOR R E L O C AT I O N P R O F E S S I O N A L S One year after launching this new service, we’ve supported the seamless relocation of about 50,000 people. We can do the same for you. CORT SEAMLESS RENTAL SOLUTIONS: MAKE LIFE EASIER FOR YOU. AND THE PEOPLE YOU’RE RELOCATING. HOTELS AND EXTENDED STAYS CORPORATE HOUSING SHORT- AND LONG-TERM RENTAL HOUSING Wherever you’re heading, we’ll be there. A Berkshire Hathaway Company Visit us at CORT.com or call CORTline at 1-888-360-CORT (1-888-360-2678) CORT.com 24 I FURNITURE AND HOUSEWARES DESTINATION SERVICES TRANSITION SUPPORT Relocating one employee or an entire team can be an ordeal. That’s why CORT fills in all the gaps. We’re your complete solution for rental relocation — from a huge inventory of short-term accommodations, corporate housing and permanent rental options to furniture and housewares rental. We’ll even provide destination and transition services to help you, your transferring employees or temporary assignees settle comfortably in a new place. So put yourself in CORT’s hands. And make your relocation process as seamless — and painless — as possible. The Human Resource 364874_Cort.indd 1 1/28/08 7:18:27 PM jectives of managing fiduciary risks and re-defining “plan success” measures. In short, if an employer is focused on achieving successful retirement outcomes for its employees through the 401(k) plan, there is less chance of litigation. If an employer is focused on achieving successful retirement outcomes for its employees through the 401(k) plan, there is less chance of litigation. Beyond that, from a pure risk management perspective, through the use of automatic enrollment plans with “QDIAs,” the employee must affirmatively elect out of the plan and/or the plan’s default investment option. This virtually eliminates any chance of employee claims against an employer because there is written evidence from every employee who either elected not to participate in the plan or who opted out of the default investment option offered by the employer. In addition, the new QDIA provisions of PPA provide a fiduciary “safe harbor” for plan sponsors, its officers and retirement committee members. According to ERISA attorney, Fred Reish of Reish Luftman Reicher & Cohen, “The protection is so great that it is fair to say that there is no better protection in ERISA than for a participant who defaults into a QDIA.” To advance the point further, according to opinions from advisors and consultants around the country, 75 percent to 95 percent of automatically enrolled participants are defaulting to QDIAs. Expressed another way, “75 percent to 95 percent of the participants are investing in a way that the fiduciaries have no worries about potential liability for participant investing” according to Reish. This is particularly significant when you consider that most plans which claim fiduciary protections under 404(c) would most probably not meet the requirements necessary to actually obtain the protections it affords. Directing attention to managing a “successful” 401(k) plan requires the achievement of several key objectives including: 1) generating high levels of plan participation and contributions, 2) facilitating improved investment outcomes, 3) monitoring plan expenses and 4) tracking individual participant performance in terms of measuring the probability of generating adequate retirement income. To this end, according to a survey conducted by Hewitt Associates, more than half of larger plans will be instituting automatic employee enrollments by the end of this year. According to data from several sources, only about 10 percent of automatically enrolled participants bother to opt-out of the plan. These early results may soon change the perspective on appropriate levels of employee participation. By contrast, voluntary participation 401(k) plans on average obtain only about two-thirds participation rates, relatively poor results in comparison. Another interesting finding, obtained from Fidelity data, indicates the opt-out rates for automatically enrolled employees remain the same regardless of whether the employee default contribution rate is 2 percent or 6 percent! The implication being that setting the enrollment contribution rate a bit higher encourages participants to contribute an increased amount and benefit from a higher company matching contribution. To avoid surprises, companies will need to budget for the increased matching contribution expense using these early results as the underlying assumptions for the cost. Most importantly, implementation of these very same risk reduction mechanisms actually improves the probability that more employees will accumulate adequate funds for retirement. This is a result of: 1) an increased number of participants 2) improved contribution rates 3) improved investment quality and 4) managed expenses. Given the threat of additional financial burdens imposed by Social Security, increasing health care costs, declining coverage and declining pensions, imple- menting constructive solutions to ease this burden is a worthy mission. Chip Hunt, AIF®, PPC™, and Chip Hardy, AIF®, PPC™, are the principals of PrimeTRUST Advisors, a retirement plan consulting and investment advisory firm. They are committed to advancing awareness of fiduciary standards of care through writing articles, giving presentations, facilitating training programs and in practice with clients. View their Website www.primetrustadvisors. com for additional resources and information. Love You’ll what BALANCEtrak PREMIUM has done with applicant tracking. BALANCEtrak PREMIUM’S Applicant Management System lets you: - Create job applications - Develop pre-screening questions - Receive applications online - Automatically parse employee information Learn more about applicant tracking with a free webinar at www.berkshireassociates.com/applicant. To see what BALANCEtrak PREMIUM can do for you contact us at 800.882.8904 or [email protected]. Applicant tracking so easy you’ll want to hug it. In Conclusion Commensurate with the activities over the course of the past year, the risks to employers and fiduciaries have increased for those failing to take necessary precautions. Yet, despite the increasing risks, PPA affords astute employers, planners and consultants a significant opportunity to mitigate those risks through implementation of proper control mechanisms. Spring 2008 362720_Berkshire.indd 1 I An official publication of SHRM-Atlanta I 25 1/25/08 1:59:33 PM | LEGISLATIVE UPDATE FMLA Expansion Likely Looms Ahead By Bradford G. Harvey ON DEC.14, the Senate, by an overwhelming 90-3 vote, approved the fi rst expansion of the Family and Medical Leave Act (“FMLA”) in 14 years. The House of Representatives had approved the bill two days earlier. While White House officials initially indicated that President George W. Bush would sign the bill into law, he instead issued a “pocket veto” on Dec. 28. Interestingly, President Bush did not object to that portion of the legislation that would expand the FMLA. Instead, he opposed another part of the bill that would allow civil suits against the Iraqi government for damages incurred during the Saddam Hussein era. Democratic leadership in Congress expressed frustration in that the White House had not identified this issue as a point of contention while the legislation was being drafted. Because overwhelming majorities in both Houses approved the proposed FMLA amendments, it is likely that Congress will again push these amendments forward in early 2008. From a substantive perspective, the proposed FMLA amendments focus on leave for family members of those in military service. First, the bill would require covered employers to provide up to 12 weeks of FMLA leave to the immediate family members (i.e., spouses, children, parents) of reservists or members of the National Guard who are called to active duty. In addition, employers would have to offer up to 26 weeks of unpaid leave to employees who are providing care for family members wounded while serving in the U.S. military. The potential duration of this leave would be unique under the FMLA, which otherwise caps leave at 12 weeks during a designated 12-month period. Other key aspects of the FMLA would remain the same. For example, to be eligible for coverage, an individual must: 1) be employed at a worksite within 75 miles of which the employer employs at least 50 people; 2) have worked at least 12 months (which do not have to be consecutive) for the employer; and 3) have worked at least 1,250 hours during the 12 months immediately before the date FMLA leave begins. As with other types of intermittent FMLA leave, employees would be able to take the newly provided leave in increments as small as the shortest time period tracked by their employer’s payroll system. The bill did not specify when the FMLA expansion would go into effect, although the bill sponsors acknowledged that employers would need some time to adjust to the new requirements. In addition, the Department of Labor indicated that it would need time to prepare new regulations tracking the amendments. In any event, assuming new legislation is passed and signed by the president, covered employers should be prepared to comply with the new requirements as soon as possible. Notably, Sen. Christopher Dodd (D-Connecticut) and Sen. Edward Kennedy (D-Massachusetts), have proposed more radical changes to the FMLA. In particular, they have advocated requiring employers to provide anywhere from seven days to six weeks of paid sick leave per year. Of course, FMLA leave now can be unpaid, although an employer may choose for any paid leave it provides to run concurrently. Sens. Kennedy and Dodd also have proposed expanding the FMLA to cover employers with as few as 15 employees. Such changes, of course, would most affect small and developing businesses, which typically are most challenged in covering for absent employees and administratively tracking leave. Assuming new legislation is passed and signed by the president, covered employers should be prepared to comply with the new requirements as soon as possible. 26 I The Human Resource Meanwhile, numerous employer organizations have lobbied for amendments to streamline recordkeeping rules, augment advance notice requirements for leave requests, and clarify the meaning of a “serious health condition” that can qualify for leave. Needless to say, the next set of national elections may impact what, if any, additional amendments eventually become law. Bradford G. Harvey is an associate attorney with Miller & Martin, PLLC. Harvey concentrates his practice in the areas of labor and employment. He received his J.D. from the Vanderbilt University School of Law, and is a member of the Tennessee and Chattanooga Bar Associations. He can be reached at [email protected], and at 423-785-8210. Miller & Martin has offices in Atlanta, Chattanooga and Nashville. Visit www.millermartin.com for more information on how they may be able to assist your legal and business needs. Spanish employee documents We specialize in translating and formatting Human Resources documents into Spanish. • • • • • Training Benefit enrollment forms Compliance regulations Company handbooks Employee newsletters 617-524-8600 www.mbrowne.com 367741_MBrowne.indd 1 • • • • • Healthcare Retail Manufacturing Service industries Temporary workers TRANSLATIONS 1/31/08 7:50:25 PM With SAVINGS like these, HR gets more strategic every day. “With MBS as our partner, we’re moving completely to Consumer Driven Health Plans, streamlining from 55 plans to five. We’re projecting a $30 million savings over the next three years.” That’s what Denise Clark, AVP of Benefits, Fidelity National Financial, Inc., has to say about our work. The ROI we are delivering as Fidelity’s partner is real and measurable—a vital component of the company’s strategic plan. MBS. 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Spring 2008 I An official publication of SHRM-Atlanta I 27 2/27/08 6:38:33 PM 2008 CALENDAR OF EVENTS MARCH 18 25 25 TBD APRIL 23 MAY 12 13 13 14 15 20 TBD JUNE 3 JULY 9 14 15 29 TBD Spring Assembly Presented by SHRM-Atlanta in Conjunction with the SHRM Georgia State Council East GEM SHRM-Atlanta and Emory University Power Breakfast Northeast GEM AUGUST 5 SHRM-Atlanta’s Professional Development and Networking Series (formerly known as Chapter Meeting) 19 SHRM-Atlanta and Emory University Power Breakfast SHRM-Atlanta’s Professional Development and Networking Series (formerly known as Chapter Meeting) SEPTEMBER 8 South GEM 9 North GEM 9 Northwest GEM 10 Central GEM 30 East GEM TBD Northeast GEM South GEM North GEM Northwest GEM Central GEM Link with a Leader Auction East GEM Northeast GEM OCTOBER 6-7 18th Annual SHRM-Atlanta Fall Conference (formerly known as Annual Southeast HR Conference) SHRM-Atlanta’s Professional Development and Networking Series (formerly known as Chapter Meeting) Central GEM South GEM North GEM East GEM Northeast GEM NOVEMBER 10 South GEM 11 North GEM 12 Central GEM 18 East GEM TBD Northeast GEM TBD Northwest GEM DECEMBER 10 SHRM-Atlanta’s Professional Development and Networking Series (formerly known as Chapter Meeting) The Payroll, Accounting and Income Tax Solution for the Small Business Your employees want to know... 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Our mission is to allow small businesses to focus on their core competencies by providing reliable and cost effective solutions for the administration of essential financial functions. • Complete Payroll and Payroll Tax Processing with integrated Online 401(k) and eXactpay workers compensation. • Business and Individual Accounting Services • Business and Personal Income Tax Filing • Certifed QuickBooks Advisor Your Financial Services Solution 1360 Union Hill Rd; Suite 3G; Alpharetta, GA 30004 Tel.: (678) 366-9232 • Fax: (678) 366-9250 [email protected] Put 45 combined years of experience in payroll, accounting, and income tax services to work for you. 357958_GBC.indd 1 1/28/08 7:27:55 PM Affirmative Action Outsourcing, Training & Consulting I-9 Compliance Electronic Storage Solutions, Training & Audits Compensation Programs HR & Due Diligence Audits Recruiting www.hudsonmann.com 1092 Johnnie Dodds Blvd. Suite 100 • Mount Pleasant, SC 29464 Tel: 843.884.5557 28 I The Human Resource 366688_Shredit.indd 1 351260_hudsonmann.indd 1 1/24/08 5:27:02 PM 10/12/07 2:34:44 PM | INDEX OF ADVERTISERS APPLICANT TRACKING Berkshire Associates .....................................................................25 VIP Advantage......................................................Outside Back Cover APPLICANT TRACKING SOLUTIONS SilkRoad Technology, Inc................................................................21 APPLICANTS RECRUITMENT, SELECTION & VERIFICATION SERVICES VIP Advantage......................................................Outside Back Cover ASSESSMENT & TESTING Talent Builders, Inc. .......................................................................12 VIP Advantage......................................................Outside Back Cover ATTORNEYS Elarbee, Thompson, Sapp & Wilson, LLP ...........................................7 BACKGROUND INVESTIGATION IMI Data Search, Inc. .....................................................................30 BENEFITS VOLUNTARY Benefit Express .............................................................................30 Georgia Higher Education Savings Plan ............................................9 CERTIFICATION HRCI ..............................................................................................3 CORPORATE HOUSING Choice Corporate Housing .............................................................23 Marriott ExecuStay - Atlanta...........................................................20 DIVERSITY VIP Advantage......................................................Outside Back Cover DOCUMENT DESTRUCTION Shred-It ........................................................................................28 EDUCATION & TRAINING The University of Georgia Center for Continuing Education Conference Center & Hotel ......................23 EMPLOYEE ASSISTANCE PROGRAMS CorpCare Associates, Inc. ..............................................................12 EMPLOYEE BENEFITS Georgia Higher Education Savings Plan ............................................9 Multiple Benefit Services, Inc. ........................................................27 EMPLOYEE SCREENING & BACKGROUND CHECKS InfoMart .......................................................................................30 VIP Advantage......................................................Outside Back Cover EMPLOYEE SURYEYING VIP Advantage......................................................Outside Back Cover EXECUTIVE COACHING The University of Georgia Center for Continuing Education Conference Center & Hotel ......................23 EXECUTIVE OUTPLACEMENT SERVICES VIP Advantage......................................................Outside Back Cover FINANCE & ACCOUNTING STAFFING Search Smart..................................................................................9 FINANCIAL SERVICES GBC Services, LLC ........................................................................28 HEALTH BENEFITS Kaiser Permanente........................................................................17 Multiple Benefit Services, Inc. ........................................................27 Stowe Associates ..........................................................................12 HEALTH RISK ASSESSMENTS Lifesigns of Atlanta..........................................................................4 HR AUDITS VIP Advantage......................................................Outside Back Cover HR INFORMATION SYSTEMS VIP Advantage......................................................Outside Back Cover HR MANAGEMENT VIP Advantage......................................................Outside Back Cover HUMAN RESOURCE COUNSULTING SERVICES HudsonMann ................................................................................28 INSURANCE SUPPLEMENTAL Metro Atlanta Financial Group ........................................................23 INSURANCE, DISABILITY Multiple Benefit Services, Inc. ........................................................27 INSURANCE, HEALTH Kaiser Permanente........................................................................17 MSI Benefits Group, Inc. ......................................... Inside Back Cover Multiple Benefit Services, Inc. ........................................................27 INSURANCE, LIFE Multiple Benefit Services, Inc. ........................................................27 INSURANCE, LONG TERM CARE Genworth Financial .......................................................................30 IT STAFFING SPECIALISTS Search Smart..................................................................................9 JOB BOARDS VetJobs ........................................................................................12 LEADERSHIP DEVELOPMENT Turknett Leadership Group...............................................................8 ONBOARDING SilkRoad Technology, Inc................................................................21 OUTPLACEMENT SERVICES VIP Advantage......................................................Outside Back Cover PAYROLL PROCESSING GBC Services, LLC ........................................................................28 PERFORMANCE MANAGEMENT SilkRoad Technology, Inc................................................................21 PRE-EMPLOYMENT SCREENING VIP Advantage......................................................Outside Back Cover PRE-EMPLOYMENT TESTING VIP Advantage......................................................Outside Back Cover PROFESSIONAL DEVELOPMENT & SEMINARS The University of Georgia Center for Continuing Education Conference Center & Hotel .....................23 PUBLICATIONS al.Com .........................................................................................14 RECRUITMENT ADVERTISING ajcjobs.com ........................................................... Inside Front Cover RECRUITMENT PROCESS OUTSOURCING RA Clark .......................................................................................20 RECRUITMENT, ONLINE AtlantaJobZone.com .....................................................................21 VIP Advantage......................................................Outside Back Cover RELOCATION SERVICES CORT ...........................................................................................24 SERVICE BUREAUS GBC Services LLC .........................................................................28 SPANISH TRANSLATIONS MBrowne Marketing ......................................................................27 STAFFING SERVICES WillStaff Worldwide .........................................................................4 TECHNOLOGY SALES & PRE-SALES STAFFING Search Smart..................................................................................9 TRAINING & DEVELOPMENT Flying Change Equine Therapy .......................................................21 Talent Builders, Inc. .......................................................................12 The University of Georgia Center for Continuing Education Conference Center & Hotel ........................................23 TrainingPros .................................................................................29 TRAINING PRODUCTS Talent Builders, Inc. .......................................................................12 WELLNESS SERVICES Lifesigns of Atlanta..........................................................................4 TIMELY. TARGETED. TRUSTED. WHEN YOU NEED HUMAN PERFORMANCE PROFESSIONALS on a contract basis, you need them on time, on target, and from a source you can trust. TrainingPros specializes in providing professionals with deep expertise in: • • • • Organization development Training development Change management Human resource development • • • • Instructional design Technical writing Project management Training delivery Visit us at training-pros.com to learn how we can solve your next project staffing need. 866 659 PROS (7767) • training-pros.com 366536_TrainingPros.indd 1 Spring 2008 I An official publication of SHRM-Atlanta I 29 1/28/08 5:32:33 PM WHY CONSIDER LONG TERM CARE INSURANCE AS PART OF YOUR BENEFITS PACKAGE? Long term care insurance is one of the newest employee benefits offered by businesses to attract and retain top performers. Find out how long term care insurance can be made available to you and those employees you value most. Call today. Brenda Joiner, CLTC (770) 841-9134 ® 348819_genworth.indd 1 | ADVERTISER.COM COMPANY WEBSITE PAGE ajcjobs.com...................................................... www.ajc.com .......................................Inside Front Cover al.Com .............................................................. www.al.com ..............................................................14 AtlantaJobZone.com........................................ www.atlantajobzone.com/goemployer/shrm ...................21 Benefit Express ................................................ www.benefitexpress.info..............................................30 Berkshire Associates....................................... www.berkshire-aap.com .............................................25 Choice Corporate Housing ............................... www.cchousing.com ..................................................23 CorpCare Associates, Inc. ............................... www.corpcareeap.com ...............................................12 CORT ................................................................. www.cort.com ...........................................................24 Elarbee, Thompson, Sapp & Wilson, LLP ........ www.elarbeethompson.com ..........................................7 GBC Services, LLC............................................ www.gbcservicesllc.com .............................................28 Genworth Financial.......................................... www.brendajoiner.com ...............................................30 Georgia Higher Education Savings Plan ......... www.gacollegesavings.com ...........................................9 HRCI.................................................................. www.hrci.org ...............................................................3 HudsonMann .................................................... www.hudsonmann.com ..............................................28 IMI Data Search, Inc. ....................................... www.imidatasearch.com .............................................30 InfoMart ........................................................... www.infomart-usa.com ...............................................30 Kaiser Permanente .......................................... www.KaiserPermanente.org .........................................17 Lifesigns of Atlanta ......................................... www.lifesignsmd.com ...................................................4 Marriott ExecuStay – Atlanta .......................... www.execustay.com...................................................20 Metro Atlanta Financial Group ........................ www.Benefit-Plan.com................................................23 MSI Benefits Group, Inc. .................................. www.msibenefitsgroup.com .................... Inside Back Cover Multiple Benefit Services, Inc. ........................ www.mbservices.net...................................................27 RA Clark ........................................................... www.raclark.com .......................................................20 Search Smart ................................................... www.searchsmartinc.com..............................................9 Shred-It ............................................................ www.shredit.com .......................................................28 SilkRoad Technology, Inc. ............................... www.silkroadtech.com ................................................21 Stowe Associates ............................................ www.stoweassociates.com ..........................................12 Talent Builders, Inc.......................................... www.talentbuildersinc.com ..........................................12 TrainingPros..................................................... www.training-pros.com ...............................................29 Turknett Leadership Group ............................. www.turknett.com ........................................................8 The University of Georgia Center for Continuing Education Conference Center & Hotel ......... www.georgiacenter.uga.edu ........................................23 VetJobs ............................................................ www.vetjobs.com.......................................................12 VIP Advantage.................................................. www.vipadvantage.net .........................Outside Back Cover WillStaff Worldwide ......................................... www.willstaff.net ..........................................................4 2/1/08 4:30:14 PM | BUSINESS RESOURCE LISTINGS BACKGROUND INVESTIGATION BENEFITS, VOLUNTARY EMPLOYEE SCREENING AND BACKGROUND CHECKS IMI DATA SEARCH, INC. 275 E. Hillcrest, Suite 102 Thousand Oaks, CA 91360 Phone: (805) 495-1149 E-mail: [email protected] Web: www.imidatasearch.com BENEFIT EXPRESS 220 W. Campus Dr., Suite 203 Arlington Heights, IL 60004 Phone: (847) 637-1551 Fax: (530) 267-7790 E-mail: [email protected] Web: www.benefitexpress.info INFOMART 1582 Terrell Mill Road 364873__Theinfomart.indd 11/14/08 1:58:10 PM Marietta, GA 30067 Phone: (770) 984-2727 Fax: (770) 984-8997 E-mail: [email protected] Web: www.infomart-usa.com Benefit Express gives you control of your resources back to you. A unique approach to HR technology and managing your benefits program. Our Services: Experienced Benefits Outsourcing, Ongoing and Annual Enrollment, Administration Consulting, FSA/COBRA/HIPPA Administration, Customer Service Center, Total Compensation Statements, Retiree Administration. Turn to Benefit Express. You’ll be happy. Your employees will be thrilled. InfoMart, a woman-owned business enterprise, provides pre-employment background screening to companies nationwide. Our services include criminal histories, credit and driving records, drug testing, education and employment verifications, assessments and much more. InfoMart is known for our leadingedge technology, providing clients with customized integration and support. InfoMart’s solutions will assist you in implementing a successful screening program, providing your company with unmatched tools, systems, and information. With many background screening services to choose from, we know that InfoMart can only earn and keep your business by providing the highest quality applicant information quickly, reliably, and at the best cost. Since 1988, IMI Data Search, Inc. has been a leading employment background company. IMI gives you the ability to obtain real time, cost effective intelligence on your candidates and guarantees you not only a risk-free hiring decision but also a competitive edge. You can choose one of the special packages that IMI offers or we can completely customize a background package to fit your needs. IMI is a “custom house” that includes packaging, special forms, online applications and software integration. Our services are both national and international. For more information call 800-860-7779 6 a.m. to 5 p.m. (PST) or e-mail to [email protected]. Visit us on the Web at www.imidatasearch.com. 30 I The Human Resource A single point of contact for all insured employee benefits Our comprehensive business model is based on the recognition that we are in the “relationship/service business” and not in a “transaction business.” We place equal emphasis on consulting, implementation and on-going service/support in both the core and voluntary benefits realms which offers inherent administrative efficiencies to our clients. BENEFITS CONSULTING - We leverage extensive industry knowledge and technical expertise to offer private and public sector employers consulting services whose ultimate purpose is to enable each employer to deploy a robust employee benefits program which supports the constant need to recruit, retain and motivate top quality employees while adhering to financial constraints and objectives. IMPLEMENTATION - We harness multi-layered enrollment solutions that achieve employee understanding and appreciation as well as administrative accuracy and utilize any medium of communication that is convenient and effective for the employer. This ranges from the traditional “face to face / one on one” paper and ink enrollments to a state of the art, web-based electronic communication and enrollment platform that employees can access 24/7 from their home or office and is offered at no cost to our clients as an added value service. SERVICE / SUPPORT - MSI Customer Service; Eligibility; Billing and Benefit Counselor Teams add value to your benefit choices by decreasing the HR workload and increasing employee comfort and satisfaction through an ideal combination of “high-tech/ high-touch” and “low-tech/high-touch” services. We actively encourage your employees to call us directly with claim issues or administrative problems and we work in close and daily collaboration with your internal HR staff. TownPark Ravine One | 245 TownPark Drive - Suite 100 | Kennesaw, GA 30144 Office: 770-425-1231 | Fax: 770-425-4722 | www.msibenefitsgroup.com