I have been fortunate enough to go skydiving twice before for fun (and lived to tell the stories!), so I “jumped” at this opportunity to share the skies with the Golden Knights. I was joined by Ana Swiger, council secretary, and Tammie Eldred, district director – district 1 and leadership conference director. It was the first time for both of them and I am so proud that they said yes to this incredible opportunity.

We drove onto the base and immediately saw the trust and teamwork from the parachute packer to the video team, the pilots, the parachute team and so many more. As my tandem instructor Ace said, “You are now in the most committed short-term relationship you’ve ever been in.” While a majority of the team has been working together for years, every jump is well calculated and requires the utmost respect and preparation for the unexpected. When you are jumping from two and a half miles above the Earth’s surface, you want to check and double check everything. This superior level of professionalism and accuracy was not present in my prior jumps!

Before suiting up, we were shown an instructional safety video and then briefed by one of the parachute team members. We learned three critical instructions, which parlay nicely into any situation in life, military or civilian.

1. Banana
   1. Yes, they are rich in potassium. Yes, our jump suits made us look like bananas. The real meaning behind why “banana” is important is that it means to arch while you are free falling and “no sad banana” was said to provide a funny visual and discourage a forward slump. It is always best to have good posture. Stand up straight, arch, and present yourself for the fun free fall of life!
2. Relax
   1. Breathe! Breathing helps in every situation. Need to have a tough conversation? Breathe. Had a rough day at work? Breathe. Concerned about COVID? Breathe. Taking time to breathe, to center yourself, to meditate does wonders for your mental health and well-being and brings clarity to every situation.
3. Smile
   1. Have fun! This was my personal favorite as fun is one of my core values. I understand that life is not all rainbows, puppy dogs, kittens and unicorns, but whenever I have an opportunity to create fun or insert fun elements into any task, I do it. It makes life more enjoyable, it’s more engaging for your team, and it leads to better stories and satisfaction. Sometimes that fun simply starts with a smile. J

Life is about experiences and relationships, and our jump with the Golden Knights fulfilled both on various levels –  seeing our dedicated military men and women in action; spending time with our amazing partners at ESGR; Ana, Tammie and I were able to share this experience together, and now I can share my story (and a few photos) with you.

When fun opportunities present themselves, even if you are scared, say “yes.” Embrace life, support and hire our military and their dependents, and remember: Banana, Relax and Smile.

Watch the full video here!

This article summarizes common issues that often arise in the context of a hurricane or tropical storm. Of course, this information is not intended to as legal service. Employers should consult with experienced counsel to ensure appropriate familiarity with potential issues prior to taking action, which could result in legal exposure or liability.

Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) – the federal overtime and minimum wage law – is often implicated when a storm is approaching or has already made landfall.

• Non-exempt employees. For nonexempt or hourly employees entitled to overtime, the employer is not required to pay such employees if the business is closed due to a storm, although the employees may be entitled to receive accrued paid time off (PTO) during that period. However, employees working under a “fluctuating workweek agreement,” which involves a minimum salary for up to 40 hours with “half-time” for overtime hours (instead of the typical time-and-one-half), are generally required to be paid the minimum salary for any workweek in which they perform any work.

The FLSA requires employers to keep and maintain accurate time and payroll records, but the law does not specifically address how to proceed if such records are lost or destroyed in a storm. An employer could pay employees based on the number of hours normally worked. A likely better solution would be to ask each employee to accurately estimate the hours worked, while obtaining written authorization to make corrections should more accurate time records be found.

• Exempt employees. If a business is closed for less than a full week due to a storm, then salaried-exempt employees should receive their full week’s salary if they performed any work during that week. If the business is open but a salary-exempt employee chooses not to work, then the employee does not need to be paid for any day on which the business is open and the employee performs no work. As with non-exempt employees, an exempt employee can use accrued PTO to make up any shortfall.

Safety and Unemployment Issues

Florida law does not expressly protect employees who refuse to work because of an impending storm or because the employee believes it’s unsafe to return to work. However, the federal Occupational Safety and Health Act (OSHA) requires employees to have safe and healthy working conditions. An employee who reasonably believes he or she will be put at imminent risk of danger by being forced to work may file a complaint against the employer with the Occupational Safety and Health Administration, and the employee can request whistleblower protection.

If an employee is laid off due to a natural disaster, the employer’s account is not charged for any resulting unemployment benefits. In one case, the court found that an employee’s failure to report to work without good cause after being expressly ordered to do so due to Hurricane Ivan constituted misconduct connected with work which disqualified the employee from receiving unemployment benefits.

Leave and Accommodation Issues

• The Family and Medical Leave Act (FMLA) generally applies to companies with 50 or more employees, although an individual employee cannot be covered until the one year anniversary of employment. A covered employee is entitled to leave under the FMLA for a serious health condition caused by or related to a hurricane or tropical storm. A covered employee is also entitled to leave in order to care for a child, spouse or parent with a serious health condition. Possible storm-related FMLA issues could arise if an employee’s family member requires refrigerated medication or electrical equipment which is not available due to a power outage.
• For those employees who are in the National Guard, the Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the jobs of National Guard personnel called up in the event of a natural disaster.
• If an employee has a disability under the Americans with Disabilities Act, or suffers such a disability due to a storm, then the employee may be entitled to a reasonable accommodation if it would not place an undue hardship on the employer’s business.

Put it in Writing

Employee handbooks should include policies and procedures to account for hurricanes, tropical storms and other natural disasters. Such policies should cover the circumstances under which the business will close and reopen, along with procedures for notifying employees and for employees to update the employer on their status or health. The policies may also include job-specific assignments, such as describing which categories of employees will perform particular storm preparation and recovery tasks.

Hope for the Best but Plan for the Worst

A business should not wait until a hurricane warning is declared to begin considering these and other labor and employment law issues. Proper planning can significantly reduce the stress and disruptions which naturally accompany hurricanes and tropical storms, while helping to boost employee morale during difficult times.

Adam S. Chotiner is a Shareholder with Shapiro, Blasi, Wasserman & Hermann, P.A. one of the largest independent full-service litigation and transactional law firms in South Florida. He is Board Certified in Labor and Employment Law by The Florida Bar and oversees the firm’s Labor and Employment Law practice group. He may be reached at (561) 477-7800 or achotiner@sbwh.law.

The HR Florida group received our invitations through our partnership with the Florida Employee Support of the Guard and Reserve (ESGR). This ongoing partnership has allowed many HR professionals around our great state to experience military trainings, voyages, parachuting and ceremonies. We have also introduced this powerful organization to our attendees at the annual HR Florida State Conference & Expo to gain a better understanding of recruiting and hiring our veterans and their dependents.

At Friday’s ceremony, Chad Sorenson (HR Florida president-elect) and I also had the honor of meeting Commander Robby D. Trotter, Commanding Officer, and his beautiful wife Pamela, and Lenard D. Cannon, Executive Officer, and his beautiful wife Tina. They all affectionately call Peter Caspari of ESGR “Pops” and his lovely wife Rebecca, “Mom.” They even have the polo-style embroidered shirts to prove it! The Commanders are exceptional gentlemen. Also, during this time, we continued the conversation on how we can support the crew as the ship will be stationed in Jacksonville. The local chapter, SHRM Jacksonville, has graciously “adopted” the ship. We also plan to welcome the 314 brave sailors and their dependents to our great state and will be supporting the dependents with finding local jobs and continuing to educate employers throughout Florida on why hiring veterans is not only a great thing to do, but also makes sense for your business!

The Commissioning Ceremony on Saturday included the presentation of the colors, national anthem, invocation, guest speakers, principal address, placing the ship in commission, setting the first watch, manning the ship and bringing her to life, reporting for duty, breaking the flag, Commanding Officer’s remarks, and benediction. While it was a very hot South Florida morning on the pier, there were numerous times that the responsibility and emotion sent chills down my spine and cold tears streaming down my face. This crew is dedicating themselves, and their families, to protect our freedom, and we need to do all we can do to welcome them to their new home.

This (probably) once in a lifetime experience will be engrained in each of us and we look forward to honoring and serving our new family members in Jacksonville.

In words of the ship’s namesake, Paul Ignatius, “Always Ready – to Fight On!”

Heather “HD” Deyrieux, MSM, SHRM-SCP, SPHR is the Manager – Workforce Planning with Sarasota County Government. As part of the Human Resources Team, she supports over 2,200 employees and 1,100 volunteers. She previously served in the private sector as Director of Talent at Dental Care Alliance, Director of Strategic Development at the International Business Innovation Association (InBIA), and Director of Strategic Planning & Development with the Great Job Spot Network. HD is the current President of HR Florida State Council and has previously served as the President-Elect, Conference Director, Secretary, Treasurer, Emcee and other roles for the conference. Heather earned a Bachelor of Science in General Business and a Master of Science in Management with a concentration in Human Resources at the University of Central Florida. Go Knights!

In her commentary, Heather recommends coming to the interview with ideas. Specifically, she noted considering the following questions: “How can you contribute to adding to the bottom line?” and “Is this in the form of development, cost savings, hiring the right talent, process improvement?”

Additional advice highlighted in the article includes acting confidently during the interview, but not getting too comfortable (e.g., checking your phone) as well as asking specific questions about the role to express you’ve done your research and are interested in the position.

Heather currently serves president of the HR Florida State Council, where she is responsible for establishing policy, strategies, goals, and objectives consistent with those of SHRM. She also provides guidance to elected and volunteer members who are responsible for accomplishing Council and SHRM objectives and is accountable for ensuring all Council activities, goals and objectives are reached.

To read to the full article, click here.

Heather “HD” Deyrieux, MSM, SHRM-SCP, SPHR is the Manager – Workforce Planning with Sarasota County Government. As part of the Human Resources Team, she supports over 2,200 employees and 1,100 volunteers. She previously served in the private sector as Director of Talent at Dental Care Alliance, Director of Strategic Development at the International Business Innovation Association (InBIA), and Director of Strategic Planning & Development with the Great Job Spot Network. HD has previously served as the President-Elect, Conference Director, Secretary, Treasurer, Emcee and other roles for the conference. Heather earned a Bachelor of Science in General Business and a Master of Science in Management with a concentration in Human Resources at the University of Central Florida. Go Knights!

To understand the impact of vaping on your workplace, employers should start from the beginning: what is vaping?  Vaping is the act of inhaling and exhaling aerosol, or “vapor,” emitted by an e-cigarette, vape pen, or like device.  Breathing into the device activates a battery, which heats up the heating component.  In turn, the heating component converts the e-liquid into an aerosol, which the user inhales into the lungs and exhales into the air.  Conventionally, the e-liquid, or “e-juice,” is comprised of nicotine laced with propylene glycol or vegetable glycerin-based liquid, as well as some flavoring agent.  The most popular vaping product to date is the JUUL, with a high quantity of nicotine equivalent to an entire pack of cigarettes.

In the past two years, regulators have concentrated on curbing vaping among adolescents.   Florida lawmakers have been relatively silent about vaping in the workplace until recently.  On April 29, 2019, Governor Ron DeSantis signed SB 7012, which prohibits vaping in an enclosed indoor workplace and requires proprietors to implement policies and procedures regarding smoking and vaping in their facility.  Violators face a $25 fine, 50 hours of community service, or mandatory participation in an anti-tobacco “alternative to suspension” program.  The new law is effective beginning July 1 of the next fiscal year.

Still, the general fog around workplace vaping creates liability risks for employers uncertain how federal, state, and local laws and regulations will interact with this evolving technology.  Until employers receive more guidance from Florida lawmakers, employers should be mindful of potential liability, particularly in the following areas.

Vaping and the ADA

SB 7012 mirrors Florida’s Clean Indoor Air Act (2013), which prohibits smoking tobacco products in most public and private business, including the workplace.  Therefore, employers should expect compliance to mirror the requirements of the Clean Indoor Air Act.  To start, employers will need to update signage to specify indoor vaping limitations.  While the Clean Indoor Air Act does not mandate employers to accommodate employees that smoke any substance, employers should prepare to designate a smoking area that is impermeable by secondhand smoke.  By limiting vaping to designated smoking areas, employers minimize the risk of jeopardizing other employees’ medical conditions, which may be aggravated by the chemicals in vape smoke.  To this end, small facilities may consider clarifying that a designated smoking area covers tobacco and vape smoking.

The unknown question is how vaping regulations will interact with Florida’s other recently enacted regulation – Florida’s medical marijuana law, §381.986, Florida Statutes.  These worlds will inevitably collide because tetrahydrocannabinol (“THC”) is available in an e-liquid form for vaping products.  THC is a chemical agent creating an intoxicating, hallucinogenic effect when consumed.  Therefore, employees vaping THC e-liquids in the workplace may be in conflict with an employer’s Drug-Free Workplace policy and create workplace safety concerns.

Unlike marijuana cigarettes, bongs, and other marijuana paraphernalia, THC e-liquid will be difficult to detect if smoked via a vaping product.  Accordingly, employers should anticipate implementing policies and procedures to regulate the nature of the vaping substance.

Employees Under Age 21

On April 5, 2019, the Florida Senate introduced HB 7119, raising the minimum age from 18 to 21 for purchasing tobacco and vaping products.  The House bill exempts active duty military members from this regulation.  Six other states have implemented similar legislation, including California, New Jersey, and Massachusetts, and five more have passed laws to implement this change within two years.

Currently, the bill does not create a duty to report the use of vaping products by individuals under age 21.  However, employers should be aware that raising the minimum age might create a black market for the purchase of vaping product, which may spill into the workplace.  Reminiscent of the Prohibition Era, this scenario may create liability for employers who know or reasonably should have known that vaping products are being sold to employees under the minimum age on the employer’s facility.

Regulators are tackling vaping from various angles, many of which have significant implications for Florida employers.  As the ever-growing vaping industry continues to develop new products, employers should closely monitor the new legislation and case law for guidance on how to modify its policies and procedures in compliance with the law.

Iggy Garcia focuses his practice exclusively on representing employers with their labor and employment needs.  He has extensive experience in both federal and state courts representing employers.  He has defended both individual and collective actions under numerous state and federal employment laws, including Title VII, the ADEA, the ADA, FMLA, FLSA, Florida’s private whistle blower statute, and all manner of retaliation claims.  Mr. Garcia has also defended employment related torts such as defamation, negligent retention, negligent hiring, assault, battery and fraud, as well as all manner of breach of contract claims.  Mr. Garcia has handled numerous trials and administrative hearings.

Mr. Garcia has been featured as a speaker at numerous human resources and legal conferences throughout Florida.

Mr. Garcia also represents employers in front of numerous administrative agencies such as the EEOC and the Florida Commission On Human Relations.

Mr. Garcia regularly advises employers on numerous day to day matters related to their employees both domestically and internationally.  He emphasizes a practical approach to problem solving while decreasing an employer’s exposure to potential liabilities.  Mr. Garcia’s fluency in Spanish further allows him to address employee issues where language barriers would otherwise prevent such.

Karen Smeda focuses her practice on representing and counseling employers in labor and employment law matters. Ms. Smeda developed her interest in labor and employment law while working as residential staff for the West Campus Housing System, where she became familiar with the policies and procedures used by large employers, like Cornell University. She also worked as a 2L law clerk for the U.S. Department of Labor during the summer of 2017.

Ms. Smeda graduated from Cornell Law School in 2018. During law school, she served as the Senior Notes Editor for the Cornell International Law Journal, a Managing Editor for the LII Supreme Court Bulletin, and on the Moot Court Board. She also participated as a member of Martha Pollack’s Presidential Task Force, serving on a sub-committee informing Cornell University’s response to hate speech and harassment on campus. Ms. Smeda graduated from the University of Florida summa cum laude with a B.S. in Psychology and a B.A. in Criminology in 2012. She also graduated from Cornell University with an M.A. in Human Development in February 2016.

As the daughter of two Ecuadorian parents, Karen is a native Spanish speaker.

DEFENSE

Conventional wisdom holds that “defense wins championships.”  Developing a plan for compliance with the employment regulations and laws is essential to establishing a foundation for human resources success.  Here are some defensive steps we recommend to employers:

Conduct an Employment Law Compliance Review – Given the tremendous liability and continued expansion of employment related claims, it makes sense to conduct an employment law compliance review on a regular basis. This can be performed internally or with the assistance of your employment law counsel.  Proactive risk management reduces immediate exposure and represents the best strategy to combat the frequency and cost of employment related litigation

Publish Effective Policies – Use your employee handbook, bulletin boards and other communication programs to effectively communicate your policies covering: (a) equal employment opportunity, (b) anti-harassment and (c) complaint procedure. This can serve as a defense of harassment and other claims.

Pay Employees Fairly at the Time of Separation – Many lawsuits and Department of Labor complaints are generated because of confusion or animosity over payroll issues at the time of termination. In general, resolve pay disputes in favor of the employee.  While it may cost a little more in the short term, you will save time, money and headaches in the long run.

OFFENSE

In the past, many human resources professionals operated in a defensive manner; namely, this involved reacting to perceived threats or identified exposure points.  Now, it is vital for employers to take certain proactive steps to reduce liability.  Consider the following when developing your offensive strategy:

Regular Training Covering EEO and Harassment – Based on a series of Supreme Court cases and guidance from the EEOC, employers are afforded a measure of protection by: (1) implementing and communicating harassment and discrimination policies, (2) establishing an effective complaint and investigative process, and (3) training managers and employees regarding the employer’s professional conduct expectations. If an employer takes steps to exercise reasonable care and an employee does not take advantage of the complaint procedure, the employer’s likelihood of prevailing in a discrimination or sexual harassment lawsuit is significantly increased.

Investigate Complaints in a Timely Manner and Document Your Actions – The findings of the investigation are vitally important.  However, the process of investigating demonstrates the level of seriousness with which such issues are afforded and shows that the employer is meeting its reasonable care obligation.

Employee Attitude Survey – Discrimination and other employment complaints are often rooted in other job-related concerns and problems.  An employee opinion survey gets to the root of the problem and eliminates the need for an employee to take his or her complaint to an outside agency.

Proactive Documentation – Make sure that your human resources files and related documentation accomplish a two-fold purpose. First, it lets an employee know that their performance or conduct is not acceptable. Second, the personnel file becomes the basis from which employment decisions are defended and it’s important to make sure that files accurately reflect the events related to employment.

SPECIAL TEAMS

At times, human resources managers need outside assistance.  Make sure your special teams include working relationships with:

• Employment Attorney
• Insurance Carriers (Health, Workers’ Compensation, EPLI, etc.)
• Network of Peers
• Local, State and National Association Resources
• Accountant

By implementing these defensive, offensive and special team recommendations, you’ll be well on the way to building a winning human resources team.

This article is designed to provide general information and is not legal advice or a legal opinion based on any specific facts or circumstances.  Consult your attorney regarding any specific questions you may have.

By:

J. Scott Hudson, Esq.

Zimmerman, Kiser & Sutcliffe, P.A.

shudson@zkslawfirm.com

]]> http://hrmouthofthesouth.org/2019/03/hrteam/feed/ 0 http://hrmouthofthesouth.org/2018/11/background-screening-compliance-knowing-the-basics/ http://hrmouthofthesouth.org/2018/11/background-screening-compliance-knowing-the-basics/#respond Wed, 28 Nov 2018 12:55:04 +0000 http://hrmouthofthesouth.org/?p=2107 Like most topics in the HR world, there is more than meets the eye when it comes to Background Screening. It is quite a litigious industry and because of this, while conducting background checks is vital for employers, it is equally important to know the compliance regulations around background screening. Employers want to mitigate their risks, at all costs. Conducting background checks is proven to reduce workplace violence, protect against negligent hiring lawsuits, and reduce employee turnover, among many other valid reasons. Below are three key items to consider, and regularly review, with regard to your background screening policy.

Where to begin – Choosing a vendor and getting started:

 The first step in implementing, or when reviewing, your background screening policy, is making sure you have the right partner. Your background screening vendor plays a vital role in this process. Understanding that you have options and having a consultative relationship with your vendor, will ensure you are working together to achieve the policy you, as an employer, see fit for the company. One size does not fit all when it comes to background screening. There are different items to consider when deciding what type of searches you will run:

• Are you regulated to run certain background checks by the state or federal government?
• What staff, if any, will be exposed to vulnerable population and or personal/financial information?
• Are you implementing a Drug Free workplace policy?
• Are you verifying Education, Employment, License, Driver License…?

There are too many variables to list, which is why working with your vendor is crucial. Ask your vendor what industry standard is. What do other companies in your industry, and of your size, typically do? Compare this with your current policy. Most importantly, know and understand exactly what you are running and how the searches are performed.

Authorization and Disclosure Forms:

The FCRA (Fair Credit Reporting Act) makes an employer’s requirements very clear regarding obtaining Authorization and Disclosure. In short, it is imperative that employers have FCRA counsel review their forms and processes, to ensure full compliance. Many employers, around the country, are being sued for not being in compliance. Some of the most popular class action lawsuits are based on:

• Release of liability language
• Not obtaining the needed authorization and disclosure, before procuring the background report
• Not having a “clear and conspicuous” disclosure, per the FCRA

Review these forms and processes regularly with your counsel, your staff processing background checks, and your vendor. Is your vendor providing you sample forms? If so, great, but please remember that these forms are your responsibility, as the employer, and so they are ultimately your responsibility to make sure they are up to date, compliant, and meet your process.

Adverse Action:

If you, as the employer, are taking adverse action, in part or in whole because of the background check your Consumer Reporting Agency provided you, there are additional steps that must be taken. The adverse action process will happen before making a final decision, this is key. Here are just a few items that are to be included in each notice (this is not a comprehensive list):

Pre-Adverse (First Notice)

• Explain the intent to take adverse action
• Provide a copy of the report
• Provide a copy of the consumer’s FCRA Summary of Rights
• This is the time for the consumer to dispute and for the employer to review the individual circumstances and assess what the applicant provides

Adverse (Second/Final Notice)

• Explain that adverse action has now been taken
• Provide dispute process and information, again
• Explain the consumers’ rights to another free consumer report copy

The set time between the notices has not been defined for employers. The FTC (Federal Trade Commission) has previously suggested five business days is a reasonable amount of time but, as with everything else we have talked about, this should be reviewed with your counsel and set per your business practices.

While there are many other items to consider and review, this is a good starting point. Remember that your background screening policy should be a living document, regularly reviewed and updated as your business and the industry changes. Ban the Box laws, for example, are being implemented and are changing regularly. Stay in tune with your local and national HR associations, blogs, and networks, to track these changes. Ask your background screening vendor for resources and information to help to stay up to date in this ever-changing field. Most importantly, stay proactive, educate yourself, and never stop asking questions!

Nicole Roedel
Executive Director
First Choice Background Screening
nroedel@firstchoicebackground.com

It is estimated that 1 in 5 Americans will experience a diagnosable mental disorder in any given year.  Mental Health First Aid training helps a person assist someone experiencing a mental health crisis, such as contemplating suicide.  The goal is to help support an individual until appropriate professional help arrives.

Key things I learned from attending the training:

1. Many mental health problems can be resolved or helped by seeking support, restoring emotional balance and employing self-care strategies. (I was able to role play a panic attack and learned how to talk the person thru the process.)
2. Not every person in psychological distress has a mental disorder.
3. I am not a doctor and cannot diagnose or replace a therapist
4. Mental Health First Aid Action Plan ALGEE –
   • Assess for Risk of suicide or harm
   • Listen nonjudgmentally
   • Give reassurance and information
   • Encourage appropriate professional help
   • Encourage self-help and other support strategies
5. Helpful things to say to someone with depressive symptoms –“I am concerned about you”,“Have you spoken to anyone about this before?”

   “It is hard for me to understand exactly what you are going through, but I can see that it’s distressing for you.”

   “Let’s go and have a cup of tea.”

   In my profession, I have dealt with employees at risk for suicide.  I am now prepared to ask direct questions such as, “Are you having thoughts of suicide?,” and assess if the situation is serious by asking follow-up questions:

1  Have you decided how you would kill yourself?

2  Have you decided when you would do it?

3. Have you taken any steps to secure the things you would need to carry out your plan?

Mental Health First Aid is intended for all people and organizations interested in learning more about mental illness and addiction. After attending the training, Katie Kato, President at The Human Resources Factor, LLC, said, “I do believe that this training provides a more relevant skill for Human Resources professionals than even the standard CPR/First Aid.  While we may not specifically recognize or ‘diagnose’ individuals who may be dealing with various mental health challenges, through our interactions with supervisors, we address the behaviors and conduct of staff who have these issues. Our ability to recognize the ‘bigger’ picture will help us with our professional responsibilities, and will make us more valuable to both these managers and the staff that we serve because this insight should prepare us to respond more empathetically and with more appropriate knowledge.”

1. Ms. Kato echoed how we all feel when she said, “I feel so proud of our HRPBC Chapter, and our fellow HR professionals for making this training a priority and learning how to better deal with these matters.”The National Council for Behavioral Health operates Mental Health First Aid USA in partnership with the Missouri Department of Mental Health and their vision is for this training to become as common as CPR and First Aid training.  

   Author:

    

   Aimee Mangold, SHRM-SCP, Vice President of Human Resources at Kolter Hospitality, LLC, and President-Elect at HRPBC. Aimee brings over 20 years of professional human resource leadership experience having worked with The Procaccianti Group and Interstate Hotels where she held various roles as Area Director of Human Resources, Regional Director of Human Resources and Regional Trainer. Aimee has been a member Human Resources Association of Palm Beach County since 2006 and has held a variety of volunteer positions including Workforce Readiness chairperson, At-Large Director and is currently President Elect.  She currently holds a SHRM-SCP and SPHR designation.

    

It’s that time of year again – hurricane season!  As Floridians, we love the summer, sand, seashores, and the sea.  But, sometimes out beautiful home can get intense and we have to take action.  I have always said hurricanes are the best of all the natural disasters because we get advanced notice – usually a week or maybe two.  Tornados, floods, tsunamis, pandemic outbreaks, or terrorist attacks are not as kind, but we can and must do some planning before disaster strikes.  As employers and HR professionals, you are on notice – disasters do happen and your employees, your community, and your governments expect you to prepare.

Here are just a few tips to consider.  For more detail, I will be presenting this topic during my breakout session at HR Florida this month.  Come join me for the discussion.

1. Risk Assessment – What Are Your Major Threats?

A disaster plan must consider both man-made and natural disasters; however, each employer needs to evaluate threats to which its workplace is particularly vulnerable.  Risk assessment can range from retaining an engineering study to a simple self-assessment.  The specific industry, size, and scope of your business will determine your risk assessment needs.  Additionally, you need to find out what disasters are most common to the areas in which your business operates.

FEMA’s website provides information regarding the identification of potential risks to your business and the specific type of harm that may result from various forms of terrorist attacks, including: explosions, biological threats, chemical threats, nuclear blasts, and radiological dispersion devices. FEMA’s website also contains information regarding how to handle a bomb threat, how to identify a suspicious package or letter, and how to treat suspicious packages and letters once they are identified.

2. Major Legal Issues – Safety and Pay

Even in the wake of a disaster, you generally must still comply with applicable employment laws and the failure to do so may subject you to liability.

a.   The Occupational Safety and Health Act (OSHA)

 OSHA standards cannot be ignored in the face of disaster, and OSHA continues to require employers to protect their employees against “recognized hazards” to safety or health which may cause serious injury or death. OSHA’s website (www.osha.gov) has established a page where employers can access more than 20 audio and printed guidelines to specific work practices dangers likely associated with clean-up and recovery, including flooding, electrical, fall protection, personal protective equipment, chain saws, mold, blood borne pathogens and bacterial issues, tree trimming, trenching, and heat exposure.

Employers also need to be aware that “employees do have the right to refuse to do a job if they believe in good faith that they are exposed to imminent danger, and good faith means that even if an imminent danger is not found to exist, the worker had reasonable grounds to believe that it did exist.” Imminent danger is defined as a “threat of death or serious physical harm,” or “a reasonable expectation that toxic substances or other health hazards are present, and exposure to them will shorten life or cause substantial reduction in physical or mental efficiency.” Employees must first approach their employer when they believe that working conditions are unsafe or unhealthy and the employee must generally satisfy four conditions before walking off the job. The four conditions include: 1) asking the employer to eliminate the danger and the employer then refusing to do so; 2) the employee genuinely believing that an imminent danger existed and the employee did not refuse to work for other reasons; 3) a situation where a reasonable person would agree that there is a real danger of death or serious injury; and 4) there is not enough time due to the urgency of the hazard to get it corrected through regular enforcement channels, such as requesting an OSHA inspection.

b. Wage Payments

The Fair Labor Standards Act (FLSA) and similar state laws require that employees continue to be paid for all hours worked, even in a time of a disaster. If time records are lost as a result of a disaster, the employer can pay the employee based on the number of hours normally worked or have the employees estimate as best as possible the number of hours worked. Additionally, the employer should also obtain written authorization from the employee allowing them to make corrections if more accurate time records become available. The best way to avoid this type of situation is to store all payroll records off-site.

In the event that your employees are not working after a disaster, you do not have to pay them unless you have a policy providing pay under these types of circumstances. For exempt employees, an employer must pay those employees their entire salary if they work any part of the workweek. No compensation is due, however, if the exempt employee does not work at all during the workweek.

3. Training and Testing Your Disaster Plan 

The best way to ensure that your disaster plan is going to be effective is through repeated training and testing with your employees. There must be regular communication with employees before, during, and after an incident through the use of newsletters, intranets, staff meetings, and other internal communication tools to communicate emergency plans and procedures. Additionally, drills and exercises should be preceded by training seminars or workshops where participants are trained in their emergency responsibilities. After each training session, the disaster plan should be re-evaluated and procedures should be refined based on lessons learned.

ASIS International (ASIS) is an international organization that promotes the educational development of security professionals, and its website (www.asisonline.org) has a Disaster Preparation Guide that includes an outline for training general employees and management in disaster response. General employee training should assure that all employees automatically react to warnings and know any duties they are expected to perform during an emergency. Since management will play a leadership role during an emergency, it is important they receive detailed training, which should include how the business will coordinate with the government and other resources.

Phillip B. Russell
Ogletree Deakins
@phillipbrussell
https://www.linkedin.com/in/phillipbrussell/
https://www.ogletree.com/people/phillip-b-russell

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Succession planning is more of a process than an event.  Invest in the process and the event becomes a time to celebrate the return on your investment.

Succession planning can be forced upon a company unexpectedly.  Then leaders scramble…looking internally and externally for the best candidate available…as soon as possible! Rarely is it a good choice for the long term.  The leadership challenge is to strategically plan for the succession of a key employee and the position s/he fills.  Time is the critical word in order to anticipate this continuing need with intentionality rather than urgency.

A Seven Step Sequence

1. Time to Revisit – Start by revisiting each of the steps in effective planning.  Review strategybefore considering structureand finally end with decisions about staffing.  This sequence is often done in reverse which is rarely effective.  Strategy answers the questions:  “where are we today…where do we want to go…and how will we get there?”  Structure allows a review of the most effective configuration to align all resources in order to achieve the strategy.
   Staffing is the final piece of the puzzle identifying “who” is needed in light of the updated strategy and structure.

Strategy + Structure + Staffing = Effective Succession Planning

2. Identify Candidates – TheNine Box Grid allows teams to review internal candidates as part of a succession planning process. Leaders identify a small pool of candidates internally and/or come to the conclusion that they may also need to look outside the company.  An internal and accelerated leadership development process provides a pipeline of candidates among current employees in light of anticipated succession planning needs.

Performance + Potential + Personal Drive = High Potentials

3. Assess Competencies – 360 Assessment tools provide an opportunity to frame an objective picture of each candidate in terms of strengths, interpersonal skills, capacity for critical thinking, and specific work competencies needed for the position being filled.

Candidates + Assessment = Objectivity in Evaluation

4. Leadership Development Plans – Planning well in advance for a future succession allows the time to work with a pool of potential internal candidates.  Assessing competency gaps and designingLeadership Development Plans to address each of those gaps provides  internal candidates an opportunity to maximize their leadership and work capacity in light of what will be needed in a potential new role.

Time + Learning Plan = Transformational Development

5. Personal Coaching – Coaching each internal candidate provides the accountability to monitor, measure, and manage their progress toward developmental benchmarks.  Narrowing the pool will ultimately come down to a consideration of the following selection issues:  character, competence, and chemistry.  Be certain the final candidates own the vision, mission, values, and strategy.  Also, be sure they fully support the current leadership providing a preliminary indication of positive chemistry among the team.  It can be expedient to ignore the chemistry of interpersonal relationships.  Chemistry issues can quickly derail consistent focus on vision, mission, and strategy as well as the organization’s values which ultimately affect the culture and daily workplace climate for every employee. In other words, lack of chemistry is costly.

Plan + Coach + Accountability = Candidate Readiness

6. Selection and Onboarding – Once the final decision is made…go the extra mile to be certain the new hire has the full endorsement and support of your team as well as the resources needed for success.  Clarity regarding his/her responsibilities as well as the extent of his/her authority related to those responsibilities is crucial to sustainable success. Give the time needed to fully understand the broader context of the culture they are now part of.

Right Candidate + Resources = Succession Success

7. Lifelong Learning – When the final candidate is selected s/he is just beginning the journey of  learning to function at a higher level of leadership complexity.  Provide ongoing professional growth opportunities and regular times to step away to work ontheir new role…not just in their role.  Periodic seasons of personal coaching will accelerate the effective application of new learning in specific leadership competency growth areas.

Reflection + Application + Growth = Sustained Effectiveness

 Leadership Debrief

Seven steps that require time, intentionality, and planning. Have you discussed the key transitions that you already know are coming? What about the unexpected transitions that will blindside you without talent pools and leadership pipelines?

Formulas for Succession Planning was written by Dr. Dick Daniels, VP of Client Services with Right Management Florida and Caribbean. Dr. Daniels offers 19 years of leadership development consulting and executive coaching.  Right Management is a Diamond Plus sponsor of the HR Florida Conference and Expo where Dr. Daniels will be speaking more on this topic during a concurrent session.