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New Law Impacts California Independent Consultants

As we head into the fourth quarter of 2019, there are a couple of legal updates you should be aware of.

First, Governor Newsom has signed into law AB 5, which further clarifies the distinction between employees and independent contractors. The law goes into effect on January 1, 2020 and is expected to have a big impact on gig-economy companies like Lyft and Uber, as well as app-based services that depend on contractors such as food delivery and dog-walking services.

Second, the deadline for harassment prevention training (now required for all employees of companies with 5 or more employees including independent contractors) has been extended to January 1, 2021. This will allow more time for large employers who previously only trained supervisors to train their other employees and for smaller companies to train both supervisors and employees. As a reminder, training for supervisors must be at least two hours, and training for non-supervisors must be at least one hour. Training must be repeated at least every two years. Remember to keep records of training for both employees and supervisors.

AB 5 adopts the “ABC” test, which I wrote about earlier this year, to determine whether an individual is an employee or an independent contractor.

Under the ABC Test, in order to classify a worker as an independent contractor the hiring entity must establish that the worker meets EACH of the following three factors:

The worker is free from the control and direction of the hiring entity in the performance of the work, both under the contract for the performance of the work and in fact; AND
The worker performs work that is outside the usual course of the hiring entity’s business; AND
The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.

One of the things I tell clients is that it’s essential to consider how you define your core business (2) and how does the worker assist you in that core business.

The new law allows for a few exceptions for positions that are subject to the 9-factor Borello test. Some examples of positions that fit into this category are: insurance brokers, physicians and surgeons, hairstylists, attorneys, and accountants.

Misclassification can be extremely costly for employers in legal fees, back wages and benefits, and penalties. Now is an ideal time to do an overall review of how you’ve classified your workers. Also, it’s important to consult with an employment attorney if you plan to audit your records and reclassify your contractors.

Please feel free to contact me at michelle@connecttohr.com if you need assistance.

Tips for Transitioning from Coworker to Leader

You’ve been working with the people on your team for three years, and now suddenly you’re their leader. Are you excited? Of course. A promotion is a step in the right direction. And are you somewhat nervous? Absolutely. Moving from coworker to leader adds an extra level of stress to the challenge of any new position. Here are some tips that will help make your transition smoother.

Meet with the team. The formal announcement of your promotion should come from HR or your manager. As soon as it does, however, schedule a meeting with the team to talk about the transition and allow some open discussion about concerns or issues. This will be your earliest opportunity to establish some authority and credibility as the leader, so be careful not to let this meeting turn into a gripe session. Focus on talking about your leadership style, what your expectations are of them, and what they can expect from you. This is also a good time to share with the team your 90-day plan and what your leader’s expectations are of you.

Pace yourself. As a team member, you probably noticed a lot of things you’d like to change, given the opportunity. Don’t make big changes too quickly. Based on input from the team, consider some quick successes you can achieve to help establish your credibility and team confidence.

Step back. You’ve probably established some personal relationships among the team. As their leader, you’ll need to step back a bit to avoid the appearance of favoritism. This will be especially important if there was someone else on the team who wanted your position and may harbor some resentment. If you know that someone else on the team wanted the position or was being considered for it, make an opportunity to have a private discussion with them to acknowledge their value to the team and enlist their support.

Get training. Take advantage of any leadership development opportunities offered. Leading people has many rewards, and also many challenges. You can’t be expected to instantly know how to handle all of them. Leadership training and networking with other leaders will strengthen your ability to deal with issues as they arise.

Consider an executive coach. A coach can help you hone the particular skills you will need in your new role. Having outside support and constructive feedback from someone can help you grow as a leader and learn effective approaches to leading and developing others.

Ask for feedback. Let your team know that you believe in two-way communication and are open to hearing their positive and constructive feedback. Creating an environment of honest, open communication is one of the best ways to succeed as a manager.

Consider getting a mentorship from a Senior Manager within the company whom you trust. A mentor can serve as a sounding board as you encounter new experiences and challenges. They can give you suggestions on how to handle a given situation. They may also be able to provide you with sound advice and even access to resources.

Contact me for more information on leadership development and coaching. You can also read these articles for more information: Get the Best from Your Team – Be an Effective Coach, The Best Leaders Continue to Learn, Successful Leaders Listen More, Talk Less.

Promotions to Leadership – Getting It Right

We often think that the natural next step for a star employee is to become a supervisor or manager of their own team. It’s the ultimate acknowledgement for a job well done, right? Maybe. Maybe not.

Often the criteria for these management promotions are merely knowledge of the company, knowledge of the function, and/or seniority. Although these are good reasons to acknowledge an employee, they don’t necessarily make for good leadership qualities. And in the absence of other qualities necessary to succeed in a management role, often result in less than optimal outcomes for both the employee and the company.

If you are considering promoting someone to a leadership role, put on your “recruitment” hat and evaluate that employee just as you would someone from the outside. Yes, their company and functional knowledge give them an advantage, but as they move into leadership those qualities will be secondary to their ability to influence, to make decisions, to manage conflict and to do all the other activities required of a manager.

Before you make that promotion, do the following:

Define the skills and responsibilities required for the role. What are the specific skills required for someone to succeed in the role? Think about the additional responsibilities of the team manager and then map those responsibilities to requisite skills. Be as detailed as possible, including budgetary responsibility, signing authority, key internal/external relationships for the role, etc.
Define the leadership traits and competencies required for this specific role. Consider the function, the members of the team, how the team fits into the overall organization. What aspects of leadership (e.g., leading through people, setting a vision, coaching) does the manager of this team need to have?
Now think about the person you are considering promoting relative to the skills, responsibilities and competencies you’ve outlined in steps 1 and 2. Where are the gaps? Are the gaps improvement areas that you are ready and willing to address? Is the individual teachable?

Once you’ve determined that the individual would be a good fit for the manager role, be sure you have a conversation to determine their interest. And be sure that once the promotion is made you put together a plan for leadership development and ongoing coaching and support for them.

Please contact me if you need help in putting together a leadership development plan or if you need assistance in assessing whether your employee is ready for the next level position.

Developing an Injury and Illness Prevention Program

Employers are responsible for maintaining a safe and healthy work environment for their employees.

In California, every employer with 10 or more employees is required by the state (Cal/OSHA) to have an effective Injury and Illness Prevention Program (IIPP). Additionally, they must record injuries and illnesses on Form 301, and prepare an annual summary on Form 300A of all the work-related injuries and illnesses that occurred during the calendar year. Form 300A must be posted between February 1 and April 30. These forms are available from the State of California Department of Industrial Relations. Records need to be maintained in your files for 5 years.

The Injury and Illness Prevention Program must be a written plan that includes policies and procedures on topics such as safe work practices, periodic inspections, what to do in the event of an accident, safety training, and recordkeeping. There are 8 specific elements that must be included in the plan:

Management commitment/assignment of responsibilities
Safety communications systems with employees
System for ensuring employee compliance with safe work practices
Scheduled inspections /evaluation system
Accident investigation
Procedures for correcting unsafe/unhealthy conditions
Safety and health training and instruction
Recordkeeping and documentation

Review your IIPP at least annually to ensure that policies and procedures are up to date and that it includes any newer situations, e.g., active shooter, that you need to be prepared for. FEMA has some helpful information on what to do in the event of an earthquake, fire, or active shooter.

Additionally, to be effective your IIPP must:

Fully involve all employees, supervisors and management
Identify the specific workplace hazards that employees are exposed to
Correct identified hazards in an appropriate and timely manner
Provide effective training

If you employ fewer than 10 employees, you can:

Communicate to and instruct employees orally about safe work practices
Choose to maintain records of inspections only until the hazards identified are corrected
Document training by maintaining an instruction log that you provide to a new employee or to an employee reassigned to new duties

Seasonal employers can use a model program designed specifically for seasonal employers, available at the Division of Occupational Safety and Health (Cal/OSHA) website. Additional IIPP requirements apply to specific industries, such as the construction and petroleum industries.

Cal/OSHA has created a Microsoft Excel workbook that contains Form 300, Form 301, and Form 300A. The forms are linked, so the totals on Form 301 are automatically copied to Form 300A. This facilitates the process of recording illnesses and injuries and transferring them to the yearly summary.

If you need help developing your IIPP plan, please contact me at Michelle@connecttohr.com.

If You See Something, Say Something

We think it can’t happen here until it does.

The deadly shooting at the Gilroy Garlic Festival – an annual event meant to celebrate summer, food and community – and this past weekend two more mass shootings in El Paso, Texas and Dayton, Ohio.

These three incidents have been added to a growing list of tragedies perpetrated by disturbed, angry or just plain evil individuals.

It calls on us all to be more aware of our surroundings – whether at large public events or at the smaller venues where we play, where we worship, where we work.

I’ve been pondering what we can all do. Today, while I was watching the news, an FBI agent shared that in deadly shootings in the past there were warning signs. If you see something, say something. You may prevent someone from harming others or from harming his or herself.

A situation comes to mind that happened several years ago when I was working in corporate. A manager who was beloved by all lost two people close to him within a matter of months. He still came to work and he still got things done, but he just didn’t seem to be himself.

Then one day he didn’t come to work. He didn’t call in and he didn’t answer his phone. His leader sent two staff members to his home (bad idea, but more on that later). When no one answered his door, the staff members called police (good idea). Tragically, the manager had taken his own life.

I share this to emphasize the importance of being aware. Pay attention when a coworker’s behavior or demeanor suddenly changes. Check in with them. Isolation can be another warning sign. Maybe they just need someone to talk to. If you’re not comfortable doing that or they resist, consult with your manager or HR. If you see behaviors that are particularly alarming – bullying, threats (verbal or in writing), etc. – contact HR immediately. If you perceive that you or others are in imminent danger, call your security team or the police immediately.

The hotline number for Workplace Violence Prevention and Response is: 1.877.987.3747.

Often we get so busy with the multiple obligations we have – work, home, family – we don’t notice the human interactions around us. Pay attention.

And for leaders (back to my story) if faced with a similar situation, send security or someone trained to deal with such incidents rather than putting staff members in that position.

Please contact me if you need help dealing with any employee issues.

Focus for Effective Performance Management

In my last article I talked about the importance of making performance management an ongoing process versus just an annual event. Performance should be managed in the spirit of learning and development, helping employees build on their strengths and embrace the challenge of acquiring new skills and responsibilities. Leaders should model this by continuing to develop their own capabilities.

But with goals to meet, teams to manage and issues to resolve, how do you, as a leader, go about achieving this?

It takes focus. Daniel Goleman, author and psychologist, says that leaders need three kinds of focus:
1) Inner focus, 2) Other focus, and 3) Outer focus.

Let’s apply this to the performance management process.

Inner focus. Inner focus is the ability to monitor your thoughts, feelings and emotions. This may be the hardest focus to achieve because it means you actually have to stop. And think. And few of us, in our ever-busy, need-to-achieve world, give ourselves that time. Yet those who do, as indicated in the Inc. article, Why Successful People Spend 10 Hours a Week Just Thinking, reap multiple benefits. Warren Buffet estimates he has spent about 80% of his career reading and thinking. Bill Gates takes a week off twice a year to spend time reading and reflecting. Give yourself time away from the noise to reflect on areas where you might better utilize team members’ skills, where they need to improve or prepare for what’s next, and what you personally need to do to prepare.

Other focus. This is the ability to empathize with others. Other focus will help improve your relationships with individual team members and the team as a whole. Use other focus to give employees regular feedback – both positive and developmental. Ask how you can help. Listen. Ask for their feedback. Position yourself as a coach with the intent to help them achieve team, organizational and personal goals.

Outer focus. Outer focus is the ability to understand the larger forces/systems in play and to think strategically. This is where you set the vision for the team and communicate where the organization is headed. Help each team member understand how their goals tie to the team goals and how the team goals tie to the organizational goals. When employees can visualize how what they do impacts the direction and success of the organization, they are more likely to be engaged, perform better and stick around. And that’s what effective performance management is all about.

If you need help in making performance management a process and not just an event, please contact me at michelle@connecttohr.com.

Performance Management is a Process, NOT an Event

Despite the fact that leaders and employees alike dread the annual performance review, a 2018 survey by research firm WorldatWork found that 80% of companies still use a formal performance review process.

Employees need to know how they’re doing. And they shouldn’t have to wait to some future date to get that feedback. No news is NOT good news when it comes to keeping employees engaged (by acknowledging their accomplishments) and keeping your team and organization on track (by addressing performance issues). A review meeting once a year is not effective. In fact, research shows that annual employee reviews have minimal if any effect on individual or organizational performance.

So what’s the alternative?

Make performance management a process not just an event. Give employees regular, timely feedback. Be specific. Acknowledge their accomplishments and share how their performance positively impacted the team and/or organization. Discuss any issues “in the moment” to help reestablish expectations and initiate the improvement process sooner rather than later. If you allow a performance issue to continue without bringing it to the employee’s attention, he or she may not even realize it’s a problem.

Adopt a coaching mindset. Feedback shouldn’t be a report card, but rather a development tool. Help your employees build on their strengths and develop in the areas where they are not as strong – relative to the needs of the organization – today and tomorrow – and to their own career goals. When there’s an issue, ask good questions to determine the root cause – is it an ability issue? A training issue? An attitude issue? Then mutually decide the appropriate solution.

Ask for their feedback. Create an environment where employees seek feedback and view it as a growth opportunity. Do this by setting the example. Ask for their feedback – “What can I do better?” “How can I help you?” – and then act on it, as appropriate.

Effective leaders work on helping their employees develop and grow, and also work on growing themselves in all the skills and competencies they need to successfully lead their teams and organizations. This takes focus. Daniel Goleman, author and psychologist, says that leaders need three kinds of focus: Inner Focus – the ability to monitor your own thoughts, feelings and emotions; Other Focus – the ability to empathize with others; and Outer Focus – the ability to understand larger forces or systems.

Tune in next time when we’ll look at how you incorporate these three focus areas into your performance management conversations.

How Women Rise – Breaking the Habits That Are Holding You Back

In my last article I talked about a couple of the self-limiting behaviors that Marshall Goldsmith and Sally Helgesen discuss in their book, How Women Rise.

This time I’d like to talk about a few more of those behaviors and share some suggestions around how women might transform those behaviors to get to where they want to be.

Reluctance to claim achievements. Women tend not to brag about their accomplishments and often go out of their way to give credit to others. But here’s the thing. Those who are making decisions around pay, opportunities, and advancement need the data to make those decisions. Periodically take stock (and write down) what you’ve achieved and the value you’ve provided to the organization. And don’t hesitate to share it. Don’t wait for others to “spontaneously notice and reward” your hard work. Be bold.

Failing to enlist allies from day one. Goldsmith and Helgesen suggest that, when starting a new job, instead of isolating yourself to spend time getting up to speed, begin immediately building a network of partners at all levels. “The more inclusive your ally web, the more robust your support.” Another author, successful businesswoman Carla Harris, says that to be successful in business people need three key relationships – an advisor, a mentor and a sponsor.

Putting job before career. This is one of the areas where a strength – loyalty, commitment to the team – may be working against you. You do your job so well and get recognized for it (what would they do without you?) that you lose sight of your career goal. Again, take stock of what you are doing and how it contributes to where you ultimately want to be.

The disease to please. This is an area that may be the result of the gender-related messages received as children – girls rewarded for putting others ahead of themselves. The authors say, “Even women at senior levels tend to be most highly rewarded when they fulfill expectations in ways that others find pleasing rather than when they act boldly or assert independent views.” Take a step back and think about what your personal priorities are.

Allowing yourself to be minimized. Goldsmith and Helgesen say that women may inadvertently minimize their presence and impact by being too willing to squeeze into a circle (while men will let others adjust), by speaking softly, or by understatement: “I was just thinking,” or “I could be wrong, but…” or by using “I feel” instead of “I propose” or “I think.” These physical or vocal signs may be perceived as a lack of confidence and could hold you back from getting to where you want to be.

For the rest of the 12 habits in How Women Rise: Break the 12 Habits Holding You Back from Your Next Raise, Promotion, or Job, I suggest you buy the book!

Women in Leadership – Are Old Habits Holding You Back?

It’s rather alarming that we are in the 21^st century and yet there are still so few women in top corporate positions. According to Pew Research, women make up only 5.2% of CEOs in Fortune 500 companies and 5.4% of CEOs in Fortune 1000 companies.

Why is that?

Some of it is the result of inherent challenges that women still face in the workplace – being given equal consideration for leadership opportunities, being paid equally, sexual discrimination and harassment, finding a mentor or champion to guide them in their career, balancing work and home life.

Some of it is perception – many corporate cultures still think of men as the natural choice when it comes to leadership, adopting an attitude of “men take charge, women take care.”

And some of it is that the skills and behaviors that help women early in their careers may be working against them as they strive to advance up the corporate ladder.

World-renowned executive coach Marshall Goldsmith and women’s leadership expert Sally Helgesen took a look at these self-limiting skills and behaviors in their recently-published book, How Women Rise.

Based on their combined 60 years of experience working with leaders all over the world, the authors identified 12 habits that hold women back from getting their next raise, their next promotion or their next job. Although these are not uniquely women’s behaviors, Goldsmith and Helgesen observed that these 12 habits are the most likely to create a barrier for women in getting to where they want to be – in their career or in their life.

One of the first habits the authors talk about is women’s reluctance to point out their achievements. They don’t want to appear to be bragging. And they have a natural tendency to want to share credit with others – “it was a team effort.” Men, on the other hand, are less likely to feel shy about sharing what they’ve accomplished. By not promoting their personal achievements, women often don’t get the recognition (or the opportunities) they deserve.

Another habit they discuss is “The Perfection Trap.” Goldsmith/Helgesen attribute this behavior to the differing messages girls and boys get from their families growing up. Girls are often praised for their precision and for supporting others. Boys are praised for their daring exploits, competitiveness and winning. As children turn into adults, the messages evolve into personal beliefs about success and how to function in society and the workplace.

The good news is, How Women Rise doesn’t just provide insight about the particular habits that may be holding women back. The authors also provide detailed tutoring on how to replace those habits with behaviors that will lead to better results.

Tune in next time when we’ll explore more of the 12 habits and how to turn them around.

The Best Leaders Continue to Learn

It’s easy to get complacent once you’ve reached the top. You’ve worked hard to get there and now you’re ready to guide others as they work toward achieving team and organizational goals. But here’s the thing. Change is constant – challenges, the work environment, people, goals, business needs – and unless you keep learning you will not be prepared to effectively respond to those changes.

So, what are the skills that are important to continue to develop?

If you look at the myriad lists of “top” skills and competencies for leaders (and there are many of them!) there are several skills that consistently bubble to the top: strategic thinking, effective communication, interpersonal skills, a desire to develop others. These are some of the traditional skills that make an effective leader. But there are some additional skills that have become increasingly important over the past few years as we look at a new way of working in the 21^st century. Skills like emotional intelligence, self-awareness, and collaboration.

There was a time when “emotions” did not enter into workplace conversations, at least not in a positive way. Leaders managed actions, not emotions. Today, however, emotional intelligence, or EQ – the ability to recognize and manage your own emotions as well as those of others – is seen as perhaps the most essential skill to succeed as a leader.

One of the elements of emotional intelligence is self-awareness. Leaders who are self-aware, who know their strengths and are willing to admit the areas where they need development, tend to have stronger, more trusting relationships with their teams and colleagues. Self-awareness means understanding your strengths, and also recognizing behaviors that may be working against you. In a previous blog, Your Personal Best Starts with Self-Awareness, I talked about how certain “triggers” in our environment may prevent us from performing at our best. Learning to identify and manage our response to those triggers helps us grow as leaders.

Another element of emotional intelligence is empathy. Although we’re not seeing it demonstrated much on the national stage, empathy has been called THE skill for the 21^st Century.

Empathy is described as “the ability to understand, recognize and appreciate the way others are feeling, even if it is different from what you are feeling.” A more visual description is from the book To Kill A Mockingbird, when Atticus Finch says, “You never really understand a person until you consider things from his point of view – until you climb into his skin and walk around in it.”

Learning to understand someone else’s point of view – to figure out “where they’re coming from” – has myriad benefits in the workplace and in life in general. It improves interpersonal relationships, teamwork, negotiations, collaboration, sales, customer service, even parenting! And the good news is, as I discussed in a previous blog, Empathy: An Essential Skill for Leaders, empathy can be learned!

Often when we talk about leadership and communication, the focus is on the leader as a provider of information – vision, goals, feedback, updates, solutions – and how frequently and forthrightly that information is provided. But communicating effectively as a leader is more than just giving information. It’s about listening to your employees and conveying that you heard and understood. It’s about ensuring that your tone and body language are in sync with your words.

Leaders who demonstrate to their employees and their teams that they listen – really listen – build trust, promote engagement and inspire loyalty. In a previous blog, Are You Listening? Really Listening? I gave some tips on how to be a better listener.

As I work with leaders in the executive coaching side of my business, my goal is to help them become the best leader they can be. And that always starts from a place of helping them develop self-awareness and promoting continuous learning.

Are you, or is someone in your organization looking to improve their effectiveness as a leader? Contact me for a free consultation to learn about the benefits of coaching.