The Power of HR Mentorship: A Two-Way Street
A workplace mentorship can impact the way afflictions, ordeals, and even the achievements are handled throughout different situations. As HR professionals learn how to handle situations, it's important for them to have someone to look up to and to go to when they are struggling. Continue reading this blog post to learn more about the importance of having a workplace mentor.
Professional mentorship can take many forms and can have long-lasting impacts on our career successes, trials and tribulations. Regardless of the role we play in an organization, we can and should play a role in mentoring. Each of us should have a mentor and serve as a mentor to others. It's a powerful relationship.
In my journey as an HR consultant over the past four and a half years, I have had the unique opportunity to develop, rebuild or totally change HR departments for various clients, and mentoring has been involved in these transformations. From mentoring other HR professionals and seeking guidance from my own mentors, here are some of the lessons I have learned.
The big picture (and other metaphors).
- Experience—our own and how we can benefit from other people's—is valuable throughout our careers and lives. Understanding the big picture will ensure that we are setting up an organization and HR department for success. To drive a successful mentorship program, knock down silos and utilize talent from other departments. Envision a chess match: What moves and strategies do you need to put in place for both organization and individual to succeed? Do not fear receiving or providing feedback. To truly know the needs of the organization, think outside the HR box. Utilize the SHRM competencies of Communication, Relationship Management, Critical Evaluation and HR Expertise to recognize and maneuver within the ever-evolving big picture.
- Recipes for success. An organization rarely asks for an HR consultant if things are running smoothly; normally we get a call if there is a problem. My consulting assignments usually involve change management and culture change. To ensure that the process is successful, the right people need to be in the right seats. I'm very selective when I recruit, hire and build an HR team. For these professionals to succeed, they need to be provided with training, support and mentorship. This includes continuous feedback on performance; ongoing (weekly, if not daily) communication; training, education and certification; accepting mistakes; and learning from one another. As a result of the change I implemented for one client organization, its HR professionals became certified and some are pursuing master's degrees. The SHRM competencies of Business Acumen, Relationship Management, HR Expertise and Communication are ingredients in the secret sauce in the recipe for success.
- Relationship transformation. As professionals grow, so must their mentoring relationships, so learn to recognize when the relationship needs to evolve. Over time it can become more of a friendship or a partnership, or even a reverse mentorship. Emotional intelligence and mutual respect for one another will guide you through this transformation. In my experience, taking a less hands-on approach provides flexibility and empowerment. Create metrics that will summarize how mentoring relationships have contributed to the evolutions in your workplace. Use all of the SHRM competencies to ensure mentorship success.
Mentorship is a two-way street; it requires buy-in and communication from both parties. These relationships can and do have tremendous impacts throughout someone's life, both in and outside the workplace. I rely on a network of mentors for advice on many things and have seen mentorships turn into lifelong friendships. Recognize mentorship opportunities and continue to build on them.
SOURCE: Burr, M. (13 February 2020) "The Power of HR Mentorship: A Two-Way Street" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/hr-topics/behavioral-competencies/pages/the-power-of-hr-mentorship-a-two-way-street.aspx
Employees are fearful of being replaced by automation
Technological advances are starting to scare employees regarding job security. Although automation is creating a scare, companies are using technology to transform and improve productivity within their organization. Read this blog post to learn more regarding the benefits of automation technology in the workplace.
Automation is transforming businesses and directly impacting bottom lines as a result of improved productivity. But it also raises employees’ concerns about their job security, according to a new study by research firm Forrester and UiPath, a robotic process automation (RPA) software company.
Some 41% of companies say their employees are concerned that their existing digital skills may not match what their job will require in the future, the study finds. However, by training employees, providing them vocational courses, or encouraging them to pursue digital qualifications, companies can help them to overcome fears around automation and embrace it as a productivity-boosting asset.
“We need programs that not only train you to be a better employee at an institution, but advances your digital skills as well,” said Craig Le Clair, vice president and principal analyst at Forrester, speaking during a recent webinar. “We need a new form of education and training that can keep pace with the technology, particularly due to automation.”
Companies having their own training programs at work — trying to mimic the kind of experience that you have in traditional education — is a legitimate and important development, because traditional education cannot keep pace with what's going on, Le Clair said.
Companies are increasingly investing in automation — including technology like AI and RPA — and is now the driver of most organizations’ digital transformation strategies. For 66% of companies in the study, RPA software spend is going to increase by at least 5% over the next 12 months. Forrester predicts that the RPA services market will reach $7.7 billion, and eventually balloon to $12 billion by 2023.
The dynamics of the labor market, technical feasibility, and acceptance of the more advanced AI building blocks like deep learning and conversational intelligence are just some of the factors that will determine the pace of workforce automation.
Automation can not only benefit employers, but also employees. Automating repetitive, rule-based tasks enables employees to focus on higher-value activities that require advanced skills and improves employee engagement. The study found that a 5% improvement in employee engagement leads to a 3% increase in revenue, indicating that more engaged employees means higher growth.
“Organizations can view the future of work as a competency, as something that they have a view on and has a distinguishing approach to,” Le Clair said. “This is going to help with recruiting and retention, and help [companies] deal with these transformations that are occurring. It can change the way you serve customers for the better. You can get more of your humans working on the thing that humans do the best, which is carrying on conversations with other humans. [Automation helps you] extract that labor value and move it into the right places.”
SOURCE: Nedlund, E. (12 February 2020) "Employees are fearful of being replaced by automation" (Web Blog Post). Retrieved from https://www.benefitnews.com/news/employees-are-fearful-of-being-replaced-by-automation
Employers: Make small talk with your remote workers
Working remotely is becoming a trend across many companies, and with that may come a lack of communication between employees and employers. Being intentional with communication strategies is necessary, especially to overcome different challenges that may arise within the working remotely environment. Continue reading this blog post to learn more regarding practices for managing and communicating with remote workers.
Technology makes it easier than ever to work from home, but it’s not the most important ingredient for managing a productive remote workforce.
While full-time remote work is still uncommon, employers are using the benefit to help their workforce achieve better work-life balance. Last year, 69% of employers allowed employees to work from home as needed, according to the Society for Human Resource Management’s 2019 Benefits Survey. And 42% of employers agree to let workers do it part-time, or select days of the workweek. As this perk continues to trend, it’s crucial for employers to adopt a strategy for managing people they don’t see every day.
“As a manager, people skills are crucial when your team isn’t working in the same space,” says Melissa Marcello, associate vice president at Champlain College Online — a Vermont-based employer with a large remote workforce. “When you’re relying on technology to get the work done, you really need to be intentional about your communication strategy to be successful.”
Marcello spoke with Employee Benefit News about best practices for managing remote workers.
What are some of the challenges of having a remote workforce?
While working from home gives employees the flexibility to live wherever they want and maintain better work-life balance, it can be challenging for managers to monitor everyone. Communication has to be more proactive when you can’t walk over to someone’s desk to talk about a project. Teams also need to be more organized and set clear deadlines when team members are working in different time zones.
What strategies do employers need to manage a remote workforce?
Good management skills need to be even more pronounced when you’re managing a team scattered all over the country. Managers need to have a clear vision and set clear goals to make sure everyone on the team is successful. They also need to put effort into developing relationships with individual team members and the group.
How do managers foster relationships with remote workers?
By checking in with them regularly, whether it’s by instant messaging, video conferencing or phone calls. And don’t just talk about work; ask them about what’s going on in their personal lives and about their interests. Send them funny videos over instant messaging. None of these things are wasting time. It’s what you’d do if you saw them every day in an office setting. These are the little things that build strong teams.
What tools do you need to successfully incorporate remote workers?
You need to have a space where everyone can participate in projects even when you’re not all together at the same place, or time zone, working on something. There are many digital platforms that accomplish this; our organization has been successful using G Suite.
It’s one thing to have the tools. It’s another thing to set expectations on how we use those tools and when to provide feedback. A good manager is able to harness digital tools and set the norms for a team, even if they’re in different locations.
How can remote employees ensure they remain productive?
Creating a sacred, designated work space in the home is really helpful. Claim a room in the house where you can shut the door and be dedicated to work, so everyone in the house knows you need to focus. If that’s not an option, coworking spaces are becoming increasingly popular — and you don’t have to worry about keeping your personal life and work separate.
SOURCE: Webster, K. (10 February 2020) "Employers: Make small talk with your remote workers" (Web Blog Post). Retrieved from https://www.employeebenefitadviser.com/news/employers-communicate-with-your-remote-workers
How Next-Gen Technology Can Keep HR Data Safe
In 2018, the FBI reported having 350,000 complaints of internet crimes, which is a rise of 23 percent over five years. With an increase in internet crimes, HR departments are turning to security approaches that are powered by artificial intelligence (AI). Read this blog post to learn more about how artificial intelligence is helping companies with cybersecurity.
As hackers grow ever-more inventive and data privacy laws are enacted around the globe, HR leaders are faced with the challenge of protecting and storing sensitive HR data but not curtailing employees' ability to use that data to make timely workforce decisions.
But there may not be enough cybersecurity colleagues to call upon for advice and technical assistance, which compounds those challenges. Approximately 65 percent of companies reported a cybersecurity staff shortage last year, according to the 2019 Cybersecurity Workforce Study conducted by (ISC)2, an international nonprofit association for IT professionals. As a result, more companies are turning to security strategies that don't require human intervention, such as cybersecurity powered by artificial intelligence (AI) that can proactively monitor and neutralize new kinds of cyberthreats.
New Strategies for More-Sophisticated Attacks
Research suggests that concerns over data security are occupying more of HR leaders' time and resources. The 2019-2020 Sierra-Cedar HR Systems Survey found a 17 percent increase from the prior year's survey in the number of respondents deploying cybersecurity strategies, with 70 percent of HR organizations reporting they have and regularly update such a strategy. That's good news, because the FBI reported receiving 350,000 complaints of Internet crimes in 2018, a rise of 23 percent over five years. Those crimes caused an estimated $2.7 billion in financial losses.
Security experts say the loss of sensitive data like payroll information, Social Security numbers and notes from internal investigations or employee assessments has implications far beyond the HR department.
"When HR systems are breached, it goes beyond the personal data stolen, because HR is central to so many processes across the organization," said Corey Williams, vice president of marketing and strategy at Idaptive, a cybersecurity firm in Santa Clara, Calif. "HR systems are the starting point for much of the access employees have throughout the organization. HR data doesn't sit on an island like other data, and when you have vulnerabilities at the HR level, you're exposing the entire enterprise to wider attacks."
AI-powered security tools represent a new approach to combating threats to HR data. While not a cure-all, these technologies can protect against malicious attacks driven by automated malware and have capabilities, such as pattern recognition, that can identify suspicious behavior and block potential problems or threatening online traffic in real time.
To protect against insider threats, whether malicious or from workers not following sound security practices, some AI-based cybersecurity tools can be trained to learn employees' behaviors when using corporate networks. Research shows that such threats are a growing problem. Insiders caused 48 percent of reported data breaches in organizations in 2019, according to a recent benchmark study from Cambridge, Mass.-based Forrester Research, up from 26 percent of total data breaches in 2015.
More companies are adopting "zero trust" policies that feature a "never trust, always verify" approach to network access or identity authentication and employ tools like multifactor authentication (MFA). MFA is a way to confirm user identities through at least two different factors. In the last year, according to the Sierra-Cedar survey, large organizations increased their use of MFA by 20 percent, and approximately 55 percent of small organizations reported using MFA for HR applications.
Williams said stolen or weak user credentials is still the top cause of data breaches in organizations. "We've seen growing sophistication in the way passwords and credentials get stolen," Williams said. "That includes malware, hackers writing more convincing phishing e-mails that get employees to click on harmful links and other approaches. Companies have found that depending on passwords alone for access is becoming untenable."
Balancing Security with the User Experience
HR leaders have to strike a balance between taking the right data-security measures and ensuring employees can still use HR networks and software in efficient and user-friendly ways—a balance that ideally won't make the workforce feel excessively monitored or handcuffed when using technology.
"Security is often viewed as a teeter-totter, where you are either increasing data security or you are improving the user experience with technology," Williams said. "But it doesn't have to be an either-or scenario."
For example, employees who typically access the same corporate networks or applications in the same fashion likely don't need additional security oversight, but someone accessing that same system from a country he's never been to before and with a different device would need more controls.
"We're seeing more innovation in applying security tools to separate high-risk from low-risk system access," Williams said.
HR leaders also can help enhance security by encouraging their companies to re-evaluate user access policies, experts say. "As people work for a long time in companies, they tend to accumulate access to systems, and that access doesn't necessarily get taken away as they move up or around a company," Williams said. "Employees are often 'over-provisioned' in terms of their access to sensitive data in systems, which can create increased vulnerability for companies." Automated processes tied to the life cycle management of employees can ensure system access is changed or removed as people change roles in a company, he said.
James Graham-Cumming, chief technology officer for Cloudflare, a cybersecurity company in San Francisco, said being more judicious in granting data access is a wise but sometimes overlooked security strategy. "It's not uncommon for CEOs or other senior leaders in a company to have access to all or most corporate systems because they simply feel a need for that access," Graham-Cumming said. "Yet these are more-visible or even public figures who are often targets for hacking. The reality is your C-suite or vice presidents may not need access to all of your systems."
Managing Vendor Risk
Data security and privacy threats can grow as HR functions add more technology platforms to their ecosystems and create more integrations with third-party providers. A recent study by research and advisory firm Gartner found that because human capital management systems are built to integrate with many third-party services—such as LinkedIn, for example—those integrations can expose organizations to risk through "misconfigurations" that result in unintentional data leakage. Depending on the level of integration, problems with security in vendor systems can open the door for attackers, the Gartner study found, as was the case with the retailer Target in 2014.
Security experts say HR leaders should ensure vendors have best-practice data security and privacy protocols in place, such as MFA, in addition to passing an external Service Organization Control, or SOC, 2 audit, which confirms they're in compliance with recommended practices for data security, processing integrity, ensuring privacy and more.
Jared Lucas, chief people officer with the cybersecurity firm MobileIron in San Francisco, said security-related employee training also is more important than ever as malware grows more sophisticated, phishing attacks increase and bad actors use AI-powered methods to hack corporate systems.
"Effective, regularly updated training in what to look for and what to be wary of can close a lot of holes in a company's data security strategy," Lucas said.
SOURCE: Zielinski, D. (10 February 2020) "How Next-Gen Technology Can Keep HR Data Safe" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/hr-topics/technology/pages/next-gen-technology-can-keep-hr-data-safe.aspx
Reducing the stigma of mental illness with digital treatment options
With mental health becoming a subject that is more relevant in workplace cultures, employers are realizing that providing resources regarding mental health could benefit employees' health and productivity. One in four people are affected by a mental health disorder during their life, and it's important for employers to provide as many resources for their employees. Read this blog post to learn how providing resources for employees could help long-term.
Mental health has become a global epidemic, and employers are quickly becoming aware of how important it is to provide resources for workers who may be struggling.
“We’ve gone through an evolution from where mental health wasn’t being addressed at all within the workplace to a point today where there is a far higher level of awareness,” says Ken Cahill, CEO of SilverCloud Health, a digital mental health company. “But we have to move from that to providing an actionable plan and a solution within the workplace.”
One in four people will be affected by a mental health disorder during their life, and 450 million people have mental health issues, according to the World Health Organization. The financial drain on the workplace is staggering: mental illness accounts for $194 billion in lost revenue per year due to increased healthcare costs, lost productivity and absenteeism, according to the National Alliance on Mental Illness.
“People aren't being given the toolkits to help them handle the key challenges that are there in life,” Cahill says. “Those [challenges] will leak into the everyday work environment.”
Despite the growing number of people living with mental health disorders, finding accessible and affordable treatment is often a barrier to getting help. Two-thirds of people with mental disorders never seek treatment from health professionals, according to WHO.
“The level of acceptance around mental health is improving, but the system is getting worse — our access to mental health professionals, psychiatrists and others is getting worse,” says Michael Thompson, president and CEO of the National Alliance of Healthcare Purchaser Coalitions.
SilverCloud hopes to ease the burden through their benefits platform, treating mental health needs through online modules, journaling and coaching.
“It’s very much about the full spectrum of care — challenges around work-life balance, resilience, sleep, financial debt, anxiety and depression,” Cahill says. “What we're delivering to the organization is a full end-to-end solution, and everyone can access it.”
SilverCloud uses techniques backed by cognitive behavioral therapy, one of the most common forms of treatment. Users start by taking a short quiz, which identifies a variety of risk factors associated with their mental health and assigns them various program modules 30 to 40 minutes in length. Users also have access to in-person coaches who can personalize and suggest other modules and features, depending on their needs.
Cahill says SilverCloud can be used in conjunction with in-person therapy and other mental health treatments, but 65% of users report a clinically significant improvement in the reduction or severity of their symptoms, in line with person-to-person therapy outcomes. Currently, over 200 healthcare, payor and employee benefits organizations are working with SilverCloud. Express Scripts and Mercer Canada will soon be able to get access to the company’s digital mental health platform as well.
SilverCloud is part of a growing group of digital mental health providers hoping to meet the demands of employees placing a high priority on accessible, tech-based mental health benefits. Benefitfocus includes access to Happify through their BenefitsPlace platform. The mental health app uses gamification to teach mood training. Additionally, Cisco recently partnered with Vida, a chronic care app, to offer teletherapy through its digital coaching platform.
Cahill says the focus on the importance of good mental health will push employers to keep fighting for these critical resources.
“The reason we all hold down a job, work as functioning members of society, hold on to relationships and those kinds of things are the result of good mental health,” he says. “There’s still work to be done, but the strides that have been made are a real sea change from where we were two or three years ago.”
SOURCE: Place, A. (31 January 2020) "Reducing the stigma of mental illness with digital treatment options" (Web Blog Post). Retrieved from https://www.benefitnews.com/news/reducing-the-the-stigma-of-mental-illness-with-digital-treatment-options
Need a Morale Booster? Therapy Dogs Can Help
Work is stressful by itself, but with added layers of stress from having to process outside emotions and hardships, it becomes difficult to give the best service that is should be offered. Allowing a therapy dog in the workplace can help employees reduce stress, and become calmer throughout the day. Read this blog post to learn more about how therapy dogs in the workplace can be beneficial to the work environment.
The Evergreen Health services facility in Buffalo, N.Y., is buzzing with anticipation several days before Stella arrives. Some staff even seek out Matthew Sydor, the director of housing and retention services at the health care agency, days ahead of time to confirm her arrival. Others have requested a calendar invite from him so they can plan their day around her visit.
The middle-aged golden retriever is a certified therapy dog, and her visits are a hit with employees.
Therapy dogs are common in what Sydor describes as the "helping" fields. Bringing therapy dogs into any workplace, he says, is an opportunity to break up the day for employees and give them something to look forward to at no cost.
"At our agency we work with many people who have gone through traumatic experiences. All work is stressful, but layers of stress are added when you are helping others to process their own emotions and hardships," he explained. "The compounding stress makes it difficult to best serve our patients at a high level. Having a therapy dog in the building helps staff to participate in a self-care activity."
Stella's owner, Krista Vince Garland, Ph.D., is an associate professor of exceptional learning at Buffalo State College. The pair specializes in animal-assisted interventions in educational settings but are receiving an increasing number of requests to visit local workplaces.
"Everyone who visits Stella has the same comments: 'I feel so much better. She's brightened my day,' " Vince Garland said. "Aetna also did a study in 2017 that shows tremendous promise on the benefits of therapy dogs in the workplace. Employee sick days were down, morale was up and interactions among co-workers increased."
Having dogs in the workplace isn't a new concept, but it's a concept that hasn't been widely embraced. Only about 11 percent of companies in the United States allow pets in the office, according to the Society for Human Resource Management Employee Benefits 2019 survey.
Paul LeBlanc is the founder and CEO of Zogics, a Massachusetts-based fitness, cleaning and body care company. S'Bu, a Rhodesian Ridgeback, was LeBlanc's first employee.
"When you look at [Inc. magazine's] list of best places to work, 47 percent of those companies allow dogs in the office," he said. "Studies have shown that petting a dog for five to 10 minutes causes a reduction of blood pressure and the dogs have calming effects on people."
But not all employers are ready to go "all-in" like Zogics. For these workplaces, therapy dogs are a viable alternative. Sydor and Vince Garland share insight into what has made their partnership successful and offer tips any business can use.
Communicate. No one likes a surprise, even if it's a friendly four-legged canine. Talk with staff first to address any questions or concerns. Arrange a quick meet-and-greet to give the dog a chance to get used to the environment before interacting with employees.
"This also gives the administrator a chance to touch the dog and make sure it is clean and well-groomed. Therapy dogs are required to have a bath within 24 hours of any visit," Vince Garland said.
Distributing a fact sheet helps with the introduction of a therapy team. Once a visit is established, send a reminder a day prior.
"I suggest telling your staff why you're bringing therapy dogs in and advertise it as much as possible to employees," Sydor said.
Verify credentials. Ask about the team's training. Certifications are not required of service dogs and emotional support dogs. However, therapy dogs must complete training. Stella is an American Kennel Club (AKC) Good Citizen and has earned certifications through Therapy Dogs International and the SPCA Erie County Paws for Love.
"There's a lot of fake information out there. If someone is shy about sharing that information, that's a clue that more discussion is needed," Vince Garland said.
Sydor added, "We found Krista and Stella through Erie County SPCA's Paws for Love, and it has been a great partnership. They hold liability insurance for any damage that may occur. All dogs are well-trained, and the handlers are consistent with how they conduct their work."
Acknowledge cultural differences. "Care must be taken to respect cultural sensitivities," Vince Garland said. "Some cultures regard dogs as unclean, others view dogs as nuisances, while others believe spirits may appear as animals."
Designate a point of contact. This person handles scheduling visits, interacting with the team, and confirming vaccinations and liability insurance. The ideal individual works well with people and is animal-friendly, according to Vince Garland.
Create a space for the team. Not everyone will embrace dogs. Designating space separate from the main workflow respects the space of those employees who choose not to interact with the dog.
"Evergreen has given us a room for visits," Vince Garland said. "By being out of the flow, we're able to meet with staff who are interested without making others feel uncomfortable."
SOURCE: Navarra, K. (13 January 2020) "Need a Morale Booster? Therapy Dogs Can Help" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/hr-topics/benefits/pages/need-a-morale-booster-therapy-dogs-can-help.aspx
Marijuana and the Workplace: What’s New for 2020?
With various states legalizing the medical use and recreational use of marijuana, employers are starting to question the exceptions regarding drug-testing and the marijuana laws towards new hires and current employees. Though there are several questions and concerns being raised, this may become a new trend throughout different states. Read this blog post to learn more about what employers are doing with new state laws.
Employers have been grappling with confusing marijuana laws for years—and the rules are getting tougher to navigate as more states add employment protections.
Kathryn Russo, an attorney with Jackson Lewis in Melville, N.Y., feels that there are so many new developments with drug-testing and marijuana laws, it's hard for employers to keep up. Starting in 2020, some locations will prohibit employers from screening new hires for marijuana or refusing to hire applicants based on a failed pre-employment marijuana screen—though there are exceptions for safety-sensitive positions. This may be the new trend, Russo said.
Here's what employers need to know about the changing landscape for weed and the workplace in the year ahead.
Legalizing Recreational Use
Although all marijuana use is still illegal under federal law, at least 33 states allow medical use, and 11 of those states and Washington, D.C., also allow recreational use.
On Jan. 1, Illinois became the 11th state to legalize recreational marijuana use, and employers are still figuring out what the new law means for the workplace.
"When the act was initially passed, employers expressed concern that they might have to prove an employee was under the influence of cannabis when an employee failed a drug test," said Jennifer Colvin and Michael Furlong, attorneys with Ogletree Deakins in Chicago. "Employers also expressed concern regarding whether they could conduct random drug tests."
So Illinois lawmakers approved an amendment clarifying that employers can conduct reasonable drug and alcohol tests, including random tests, and may discipline, fire or refuse to hire a worker who fails.
"Despite this employer-friendly amendment, workplace drug policies still must be both reasonable and nondiscriminatory," Colvin and Furlong said. Notably, the amendment didn't define a "reasonable" policy.
More states are expected to approve—or attempt to approve—recreational cannabis use in 2020. New York Gov. Andrew Cuomo said he's making it a priority.
"This year, let's work with our neighbors New Jersey, Connecticut and Pennsylvania to coordinate a safe and fair system, and let's legalize adult use of marijuana," he said in his 2020 State of the State address on Jan. 8.
Limiting Pre-Employment Drug Screens
Another big trend that's taking shape in 2020 involves limits on pre-employment marijuana screening. On Jan. 1, a Nevada law took effect barring employers from considering a pre-employment marijuana test result, and beginning May 10, a New York City law will prohibit employers from conducting pre-employment marijuana tests. Both laws have exceptions for safety-sensitive positions and jobs regulated by federal programs that require drug testing.
Even states that allow employers to refuse to hire job applicants who fail drug tests may require employers to take specific steps before rescinding a conditional job offer.
Some states have laws prohibiting employers from discriminating against workers who use lawful products while they're off duty. Such laws were enacted to protect tobacco users from discrimination, said Jennifer Mora, an attorney with Seyfarth Shaw in Los Angeles, but whether those laws protect off-duty use of a product that remains illegal under federal law is questionable.
Protection for Registered Medical Patients
More states are also passing laws that prohibit employers from discriminating against employees because they are authorized medical-marijuana patients or caregivers of patients.
"In those states, employers may be required to engage in the interactive process to accommodate the use of medicinal marijuana off duty," said Anne-Marie Welch, an attorney with Clark Hill in Birmingham, Mich.
A reasonable accommodation may not be available for a given job, but employers should make a good-faith effort to find one, such as granting time off or altering shifts while the worker is medicated.
Employers should note that they don't have to accommodate on-the-job use or intoxication, even in states where they can't fire or refuse to hire a worker simply for being a registered medical-marijuana user.
But determining how to proceed if an employee has used medical marijuana varies by state, explained David Morrison, an attorney with Goldberg Kohn in Chicago. For instance, in Arkansas, employers may discharge employees based on a good-faith belief that the employee was impaired by medical marijuana on company property or during work hours, but a positive drug test alone is not sufficient grounds for a good-faith belief. The employer also needs to observe something in the worker's conduct, behavior or appearance that indicates intoxication or receive information from a reliable person about the worker's impairment. A positive drug test, however, may be sufficient to bar an employee from working in safety-sensitive positions, Morrison noted.
Alaska, Arizona, Delaware and Minnesota state laws also prohibit employment discrimination against qualified medical-marijuana users.
In contrast, employers in some states, such as California, Colorado, Michigan, Montana, Ohio and Oregon can fire employees who test positive for marijuana, even if the use was off-duty and for a medical condition.
"While many states address these issues in their statutes, state courts also have weighed in," Morrison said. In New Jersey, an employer did not have to waive a post-accident drug test for an employee who was a registered medical-marijuana user.
Although marijuana use is not covered by the federal Americans with Disabilities Act, employees may be able to bring state-law discrimination claims. Courts in Massachusetts and Rhode Island, for example, have allowed such claims in recent years, though older court decisions in California and Colorado dismissed state-law claims as pre-empted by federal laws prohibiting marijuana use.
Consider the Job and Business
So what should employers do in light of these differing laws? "You have to consider the needs of the business, in addition to any applicable state laws," Welch said. Federal contractors, drivers and workers in other safety-sensitive positions may be subject to drug-free workplace laws, whereas general office workers may not. Employers that are struggling to fill vacant positions might want to relax their standards.
"More and more employers appear to be treating marijuana use like alcohol use and allowing recreational off-duty use," Welch observed.
SOURCE: Piazza-Nagele, L. (17 January 2020) "Marijuana and the Workplace: What’s New for 2020?" (Web Blog Post). Retrieved from https://www.shrm.org/ResourcesAndTools/legal-and-compliance/state-and-local-updates/Pages/Marijuana-and-the-Workplace-New-for-2020.aspx
Starbucks Unveils Mental Health Initiatives for Employees
Did you know: One in Five United States adults experiences mental illness. According to the World Health Organization, work is good for mental health but a negative environment can lead to physical and mental health issues. Starbucks has announced that they have launched an app for its employees to improve their mental health along with their anxiety and stress. Read this blog post to learn more about how Starbucks is creating mental health benefits for their employees.
Starbucks has launched an app to help its employees improve their mental health and deal with anxiety and stress.
The global coffee company also announced it will be retooling its employee assistance program based on feedback from employees and mental health experts. It plans to offer training to its U.S. and Canada store managers on how to support workers who experience a mental health issue, substance-abuse problem or other crisis.
Every year, one in five U.S. adults experience mental illness and one in 25 experience serious mental illness, according to the National Alliance on Mental Health. And more people are killing themselves in the workplace, according to the Washington Post. The number of such suicides increased 11 percent between 2017 and 2018. Employers, the Post reported, "are struggling with how to respond."
Business Insider reported that some Starbucks employees it interviewed about the initiatives said much of their stress comes from the company cutting back on hours and relying on employees to work longer shifts with fewer people and no pay increase.
The World Health Organization points out that while work is good for mental health, a negative environment can lead to physical and mental health problems. Harassment and bullying at work, for example, can have "a substantial adverse impact on mental health," it said. There are things employers can do, though, to promote mental health in the workplace; such actions may also promote productivity.
SHRM Online has collected the following articles on this topic from its archives and other sources.
Starbucks Announcements Its Commitment to Supporting Employees' Mental Health
The company released a statement Jan. 6 about additions to its employee benefits and resources that support mental wellness.
"Our work ahead will continue to be rooted in listening, learning and taking bold actions," it said. In the past, that has included tackling topics such as loneliness, vulnerability "and the power of small acts and conversation to strengthen human connection."
(Starbucks)
Mental Illness and the Workplace
Companies are ramping up their efforts to navigate the mental health epidemic. Suicide rates nationally are climbing, workers' stress and depression levels are rising, and addiction—especially to opioids—continues to bedevil employers. Such conditions are driving up health care costs at double the rate of illnesses overall, according to Aetna Behavioral Health.
Starting workplace conversations about behavioral health is challenging because such conditions often are seen as a personal failing rather than a medical condition.
(SHRM Online)
Research: People Want Their Employers to Talk About Mental Health
Mental health is becoming the next frontier of diversity and inclusion, and employees want their companies to address it. Despite the fact that more than 200 million workdays are lost due to mental health conditions each year—$16.8 billion in employee productivity—mental health remains a taboo subject.
(Harvard Business Review)
Viewpoint: Addressing Mental Health in the Workplace
Companies are reassessing their behavioral health needs and are looking to their health care partners for creative, integrated and holistic solutions. Many are turning to employee assistance programs for help.
(Benefits Pro)
4 Things to Know About Mental Health at Work
Kelly Greenwood graduated summa cum laude from Duke University with degrees in psychology and Spanish. She holds a master's degree in business from Northwestern University's Kellogg School of Management, contributes to Forbes magazine and is editor-at-large for Mental Health at Work, a blog on Thrive Global.
She also is someone who has managed generalized anxiety disorder since she was a young girl. It twice led to debilitating depression. She shared four things she wishes she had known earlier in her life about mental health.
(SHRM Online)
Employers Urged to Find New Ways to Address Workers' Mental Health
An estimated 8 in 10 workers with a mental health condition don't get treatment because of the shame and stigma associated with it, according to the National Alliance on Mental Illness. As a result, the pressure is growing on employers to adopt better strategies for dealing with mental health.
(Kaiser Health News)
Mental Health
Depression, bipolar disorder, anxiety disorders and other mental health impairments can rise to the level of disabilities under the Americans with Disabilities Act that requires employers to make accommodations for workers with such conditions.
This resource center can help employers understand their obligations and address their workers' mental health.
(SHRM Resource Spotlight)
SOURCE: Gurchiek, k. (14 January 2020) "Starbucks Unveils Mental Health Initiatives for Employees" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/hr-topics/benefits/pages/starbucks-unveils-mental-health-initiatives-for-employees.aspx
Organizations Will Need Data Analytics to Survive
Did you know: the use of data analytics can improve a company's overall performance. Data analytics can differentiate those companies that are going to be disrupted. Implementing technology is simple, but it is HR's responsibility for managing the technological change. Read this blog post to learn more about why data analytics is becoming a need for organizations.
SEATTLE—HR professionals play a critical role in getting their organizations to use data and analytics strategically to compete more effectively.
Jack Phillips, CEO and co-founder of the Portland, Ore.-based International Institute for Analytics, a research and benchmarking services firm for the analytics industry, urged attendees at the Society for Human Resource Management People Analytics conference on Jan. 14 to get focused on data.
"It's proven that the use of data analytics improves overall company performance," he said. "Organizations invest in many things, but budget dedicated to data and analytics is limited. It needs to be a top priority. The broad use of data and analytics will differentiate the companies [from those] that eventually are disrupted and disappear from the survivors."
And HR is key to the success of winning with data, from sourcing the necessary talent and applying analytics to HR functions to leading change management when adopting a data-driven mindset across the organization.
Implementing the technology is the easy part, Phillips said. Getting your workforce to truly adopt data analytics across the organization is harder. Ultimately HR is responsible for managing that transformational change.
Data Analytics Overview
The data analytics market is in full growth mode, accelerated by the explosion of cloud computing. The technology environment is moving so quickly that it is very hard to keep track of the increasing array and complexity of analytics technology available, Phillips said. But the top-performing companies are investing heavily in data analytics.
"If you are not paying attention through expenditure and [acquisition of] talent you will be behind," he said.
Phillips outlined a maturity model showing the sophistication levels of an organization's approach to analytics. Employers aiming to improve their data analytics function first need to assess where they currently are. Phillips' model includes those at the bottom stages who don't use any data to make business decisions and companies where data analytics may exist in silos without a structure for collaborating across business units.
Most employers likely exist in one of these stages, while many enterprise-level organizations are in the higher aspirational stages where the value of analytics is expressed, or they are data-oriented and use analytics with some internal coordination.
"Only one company we've studied [Amazon] has achieved near perfection as a data-driven company," Phillips said. "You don't come to a meeting without data [at Amazon]. No gut-based decision-making is allowed. Everything is driven by data."
Succeeding with Data
According to Phillips, the key ingredients needed to achieve higher levels of maturity as a data-driven organization include:
- People with data analytics skills.
- Organizational structure, processes and technologies in place for those people.
- Use of the data. "The highest performing companies have superior capabilities on the supply side and business leaders who use the insights that the data analytics teams are providing to drive the business forward," he said.
Another model he presented breaks down the elements that must be in alignment for companies to succeed with their analytics initiatives. "Without alignment, organizations run the risk of poor or limited results," he said. "To make real progress and become a data-driven organization, the capabilities and assets of these five elements must evolve and mature." The five elements are:
Data. It may seem obvious, but to provide meaningful analytics, data must be high quality, organized, reliable, integrated, and accessible. The raw material must be right.
Coordination. Companies must advocate a single and consistent perspective for analytics across the organization.
Leadership. Senior leadership should fully embrace analytics and lead company culture toward data-driven decision-making.
Targets. The organization should prioritize business targets against which it will apply its analytics. "Data and analytics without a targeted reason for it is worthless," he said.
Talent. Organizations require analytical talent that covers a range of skills from accomplished data scientists to rank-and-file employees who embrace being more analytical in how they do their job.
Employers must also understand rapidly emerging analytical techniques and technologies, Phillips said. The widespread adoption of open source tools has resulted in an explosion of analytical methods and techniques, and with the advent of big data, machine learning and cloud computing, creating an effective technology strategy for analytics is a critical ingredient for success.
HR's Role
Human resource professionals play an important part in getting their organizations up to speed and competitive with analytics, including sourcing the right qualified talent—a difficult task in a labor market lacking the requisite skills—and investing in data analytics for its own functions.
"HR lags behind other business functions when it comes to using data analytics," Phillips said. "Sales, marketing and finance tend to outpace other parts of the business."
HR should be assertive with leadership when advising on budget and staffing for data analytics positions and in creating and managing a workplace culture that values innovation.
"The top performing companies treat their data analytics function as a product, with design thinking and intentional product management," Phillips said.
One positive for employers who may be overwhelmed by implementing a data analytics function is that best practices are easily transferable. "There are many things that you can just copy," he said.
SOURCE: Maurer, R. (15 January 2020) "Organizations Will Need Data Analytics to Survive" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/hr-topics/technology/pages/organizations-will-need-data-analytics-to-survive.aspx
Beware the Legal Pitfalls of Managing Unpaid Interns
With many college students and recent graduates trying to start a career, their first step to getting introduced to what their degree can hold for them is working as an intern to learn different roles and to learn how a business operates. The U.S. Department of Labor (DOL) has raised concerns regarding what makes an intern an "employee" or a "trainee". Read this blog post to learn more about the guidelines that pertain to bringing an intern or a "trainee" into the workplace.
A college student or recent graduate is eager to make an impression. So is the early-in-career professional who’s been laid off by another company. You placed them both in an unpaid internship program because you want to give your company a chance to evaluate them as future employees. What could go wrong?
At job sites across the United States, interns not paid or earning less than minimum wage are given all sorts of jobs: answering phones, loading paper in the copiers, managing company social media campaigns.
But, federal guidelines released by the U.S. Department of Labor (DOL) in April 2010 raise concerns that employers might decide to provide fewer internship opportunities. The guidelines, which apply to “for-profit” private-sector employers, define what makes an intern an “employee” as opposed to a “trainee.” If a court or government agency decides that interns’ work qualifies them as employees, the company could face penalties that include owing back pay; taxes not withheld; Social Security; unemployment benefits; interest; attorneys’ fees; plus liquidated damages, defined by federal law as double the unpaid wages.
Six Standards
The DOL’s Wage and Hour Division lists six factors to use in determining whether an intern is a trainee or an employee under the Fair Labor Standards Act (FLSA).
- The training, even though it includes actual operation of the facilities of the employer, is similar to what would be given in a vocational school or other educational institution.
- The training is for the benefit of the trainees.
- The trainees do not displace regular employees, but instead work under their close observation.
- The employer that provides the training derives no immediate advantage from the activities of the trainees, and on occasion the employer’s operations may actually be impeded.
- The trainees are not necessarily entitled to a job at the conclusion of the training period.
- The employer and the trainees understand that the trainees are not entitled to wages for the time spent in training.
If all of the factors listed above are met, then the worker is a “trainee,” an employment relationship does not exist under the FLSA, and the act’s minimum wage and overtime provisions do not apply to the worker.
Federal and state labor departments are cracking down on unpaid internships “due to a concern that paid jobs are being displaced and to increase payroll tax revenues,” says employment lawyer Terence P. McCourt of Greenberg Traurig in Boston.
With so much at stake, it’s a good time for HR professionals to review their companies’ internship policies to ensure that they are in compliance with government requirements.
Legal Exposure
The DOL standards state that most nonexempt individuals “suffered or permitted” to work must be compensated for the services they perform for an employer unless certain conditions are met. In general:
- The internship program must be similar to training that would be given in an educational environment, such as a college, university or trade school.
- The intern and the employer must both understand that the intern is not entitled to wages.
- The company must receive no immediate advantage from the internship and in fact may find its operations disrupted by the training effort.
- The intern must not take the job of regular employees.
Unpaid Programs on the Rise
Despite the risks, unpaid internships appear to be on the rise. In a May 2010 survey by Internships.com, an online clearinghouse for companies and would-be interns, two-thirds of the more than 300 college and university career center professionals who responded said that overall internship postings on their campuses increased from 2009 to 2010. However, more campuses reported lower numbers of paid internships than those reporting increases.
“Unpaid internships do appear to be on the rise,” says attorney James M. Coleman of the labor and employment law firm Constangy, Brooks & Smith LLP in Fairfax, Va. Whether the rise is in “reaction to the difficult economy and an effort to save on labor costs is not completely clear.”
Companies can protect themselves by having the college intern ask his professor for academic credit for the internship. Employers should coordinate with an intern’s school to determine requirements mandated by the educational institution, experts say.
An internship is more likely to be viewed as training if it provides interns with skills that can be used in multiple settings, as opposed to skills that are specific to one employer’s work environment.
Interns should be “allowed to observe aspects of the employer’s operations, such as job shadowing, without needing to perform services at all times,” McCourt says. He adds that an intern should not supervise regular employees or other interns, and the company should define the arrangement clearly and in writing, specifying that there is no expectation of a job offer at the conclusion of the internship.
HR professionals and lawyers say it may be useful for companies to keep written records of what an intern expects to gain from an unpaid program. Attorney Oscar Michelen of Sandback & Michelen in New York City suggests preserving memos, e-mails and other documentation covering what each intern does, such as attending scheduled training sessions and luncheon meetings with regular employees, and what type of training and supervision will be provided.
SOURCE: Taylor, S. (17 January 2020). "Beware the Legal Pitfalls of Managing Unpaid Interns" (Web Blog Post). Retrieved from https://www.shrm.org/hr-today/news/hr-news/pages/managingunpaidinterns.aspx