Blog | Connect to HR | Strategic HR Advisors & Executive Coaching

Get the Best from Your Team – Be an Effective Coach

In my work with leaders over the years, I’ve found that the most effective leaders are those who embrace their role as a coach – to their teams and to their individual employees. These are leaders who listen, who develop and empower their people, and who earn respect through their actions and how they treat others.

Developing your skills as a coach is one of the best ways to grow as a leader.

A great reference tool for this is the book, Trillion Dollar Coach, which profiles Bill Campbell, a football coach turned C-Suite executive who created a third career coaching some of the top CEOs in Silicon Valley. The book is written by Eric Schmidt, Jonathan Rosenberg and Alan Eagle, Google executives who witnessed firsthand “Coach Bill’s” ability to “build trust, foster personal growth, and inspire courage.” The authors interviewed more than 80 people to create a compendium of Bill Campbell stories, insight and wisdom.

Here are 5 key takeaways from Coach Bill’s principles that the authors shared.

Your title makes you a manager, your people make you a leader. Build relationships with your team – show them that you care about them as people. Get to know them. Ask about their lives outside of work, their families. Be generous with your time, connections and other resources.
Respect must be accrued, not demanded. The command and control style of leadership doesn’t work anymore. Treat your employees with respect. Listen to them. Be an evangelist for courage by believing in people more than they believe in themselves. Don’t tell them what to do – offer stories and help guide them to the best decisions for them.
Honesty is key. Practice complete candor. Pair negative feedback with caring. And give feedback as soon as possible. If it’s negative feedback, deliver it privately. Feedback is necessary for growth, and your responsibility as a leader and coach is to help your people grow.
Pick the right players. Look for those who have the ability to learn fast and are willing to work hard. Choose people with integrity, grit, empathy and a team-first attitude.
Create a decision-making process that ensures all perspectives and points of view are heard. Look for the best idea, not necessarily consensus. If necessary, break a tie and make the decision.

Stay tuned for future blogs when we’ll talk about more ways you can grow as a leader.

50 or More Employees? Here’s What You Need to Know

When your organization reaches 50 or more employees there are some additional federal, state and local laws you need to start following to ensure you are in compliance. Here are two important areas of compliance that affect employers with 50 or more employees.

Harassment Prevention Training

Since 2005 employers with 50 or more full-time, part-time, and temporary employees or independent contractors have been required to provide supervisory employees with two hours of sexual harassment prevention training within six months of hire or promotion, and once every two years thereafter.

Under recently passed legislation, employers with five or more employees are now required to provide anti-harassment training to all employees – both supervisors and non-supervisors – every two years. California SB 1343 requires that all employees be trained by the end of 2019. Training for non-supervisors must be at least one hour. Training for supervisors must be two hours.

Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) is a federal law that requires covered employers to grant an eligible employee up to a total of 12 work weeks of unpaid leave during any 12-month period for one or more of the following reasons:

For the birth and care of the newborn child of the employee;
For placement with the employee of a son or daughter for adoption or foster care;
To care for an immediate family member (spouse, child, or parent) with a serious health condition; or
To take medical leave when the employee is unable to work because of a serious health condition.

Companies fall under FMLA when they have 50 or more employees in any (not just consecutive) 20 calendar weeks of the current or preceding year.

Eligibility

Employees who satisfy certain criteria are eligible for Family or Medical Leave of up to 12 weeks during each rolling 12-month period in accordance with applicable law. Employees eligible for Family and Medical Leave are those who:

Have completed 12 months of employment with their employer;
Have worked at least 1,250 hours for their employer during the previous 12 months; and
Work in a facility with at least 50 employees or in a facility where there are at least 50 employees within 75 surface miles. Employees with no fixed work site will be considered to work from the site to which they report, or the site from which their work is assigned, or the site designated as their home base.

NOTE: Companies must continue the same health plans in which the employee was enrolled before the first day of the leave at the same level and under the same conditions of coverage as if they had remained an active employee for the lesser of the duration of such leave or 12 work weeks.

California Family Rights Act (CFRA)

The California Family Rights Act (CFRA) is very similar to FMLA and applies to employers in California. CFRA allows eligible employees to take up to 12 weeks of unpaid job-protected leave during a 12-month period.

CFRA covers private employers with 50 or more workers within 75 miles of the worksite, and public employers with any number of workers. CFRA runs concurrently with FMLA.

CFRA was enacted to provide employees with work leave rights for reasons such as:

Birth of a child.
Placement of the employee’s child through adoption or in a foster care home.
A serious health condition incurred by the worker’s spouse, child, or parent.
The employee is unable to work because of a serious health condition.

Eligibility

Employee eligibility for CFRA is similar to FMLA. For both CFRA and FMLA, time off for sick leave, vacation/annual leave, administrative time off (ATO), compensating time off (CTO), holidays, informal time off (ITO) or personal leave (PL) are not to be counted toward the 1,250 hours of work.

Training Leave for Emergency Rescue Personnel

Employers with 50 or more people must allow temporary leaves of absence — up to a total of 14 days per calendar year—for employees who are volunteer firefighters, reserve peace officers and emergency personnel to engage in fire, law enforcement or emergency rescue training.

You cannot terminate, threaten with termination, demote, suspend or otherwise discriminate against an employee who takes time off to engage in fire or law enforcement training. An employee who suffers any of these consequences is entitled to reinstatement and reimbursement for lost wages and work benefits. The employee can file a claim with the Division of Labor Standards Enforcement (DLSE).

San Francisco Paid Parental Leave

This San Francisco ordinance requires employers with 50 or more employees to supplement California’s Paid Family Leave (PFL) for employees working in the city. The purpose is to allow employees to receive 100% of their gross weekly wages while on a parental leave of absence. PFL currently provides eligible employees with up to 55% of their regular wages. Employees may receive these benefits for up to six weeks in a 12-month period. San Francisco’s law requires covered employers to provide additional wage replacement benefits of up to 45% of the employee’s wages, subject to the weekly maximum.

Please contact me at michelle@connecttohr.com for more information about what you need to consider as a business with 50 or more employees.

The ABC Test – Defining Independent Contractor vs. Employee

I have been getting a lot of calls recently from clients asking for clarification about the distinction between an independent contractor and an employee.

Misclassification can be extremely costly for employers in legal fees, back wages and benefits, and penalties. In addition, you run the risk of having the IRS or Department of Labor audit your business. This can be extremely time consuming and costly.

Of course, you should always consult your employment attorney for questions about specific situations, but here are some guidelines.

Last year, based on a decision in Dynamex Operations West, Inc. v. Superior Court, the California Supreme Court adopted the “ABC Test” as a standard for determining whether workers in California should be classified as employees or independent contractors. In their decision, the Court held that workers are presumed to be employees and that it is up to the employer to prove that they should be classified as an independent contractor based on the ABC Test.

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 (B) and how does the worker assist you in that core business.

In light of this change in the way employees and independent contractors are determined, it’s a good (and timely!) idea to do an overall review of how you’ve classified your workers. Again, as a reminder, 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.

Check Out Our New Connect to HR Website

As I shared in a previous blog- “Pardon Our Dust,” I have added executive coaching as a service offering in addition to the strategic HR Consulting work I have been doing with small and mid-sized companies since 2010.

I’m happy to announce the launch of my new website, which reflects the two areas of Connect to HR focus: Executive Coaching and HR Advisors.

Here are some of the areas we cover on the Executive Coaching side of the business:

Transition coaching
Career planning and role progression
Successful onboarding of executives
360-degree feedback
Development plans
Leadership development
Executive influence

On the HR Advisors side, we work with organizations in the areas of:

Workforce planning
Talent development
Recruitment and hiring
Employee relations
Terminations and outplacement support
HR compliance

My experience over the years has been that often when I engage with a client in an HR Advisor role, an issue is uncovered that requires some executive coaching. For example, an employee relations issue that indicates a need for one-on-one coaching with a leader around specific behaviors. The value I provide to clients in these instances is the continuity of knowledge about the organization and an established relationship.

The reverse can happen as well. Through a coaching relationship we may discover a need Connect to HR can address through an HR Advisor role. For example, a stressed-out leader who is struggling to find the right talent to take on some of his or her responsibilities.

As we move forward with my blog articles, I’ll be alternating between topics that relate to executives and those that apply to more general HR issues.

Please take some time to visit our new website, and contact me at michelle@connecttohr.com if you would like to schedule a consultation to discuss your needs.

Managers Increasingly Held to a Higher Standard

As I discussed in my last blog, recent legislation establishes that managers can now be held personally liable for not following the law, even if they do so unintentionally. Two key areas where this has played out in court are hostile work environments and wage and hour violations.

Managers are being held to a much higher standard.

This means that business owners and senior leaders must be sure they understand and follow the laws, and they must also ensure that their managers and supervisors understand and follow the laws. Some ways to accomplish this are through management training, effective communication, and/or one-on-one coaching.

In the wake of the #MeToo Movement and other workplace harassment situations, the threshold for acceptable behavior has been revised. In the past, plaintiffs had to show a pattern of behavior for a workplace to be deemed a hostile work environment. Today it can be considered as such based on one or two incidents. “But we’ve always had an informal, joking environment,” is not an acceptable excuse.

Managers need to pay attention to behaviors that may be offensive to some and stop them before they become part of the culture. If not, they could be held personally liable for creating a hostile environment. Encourage managers to periodically gauge team interactions and speak with individuals to proactively identify any issues and to promote a positive culture.

Also, senior leadership and all managers and supervisors should model the appropriate behavior they expect from others.

In the past it was very rare for a manager to be named in a wage and hour dispute. Not so today. California’s Labor Code 558.1 states that “a company’s owners, directors, officers and even managing agents can be held personally liable for wage and hour violations.” It’s not enough to say that not following the law was unintentional, or a mere oversight.

If you need help ensuring that you are legally compliant, or in coaching managers around any of these issues, please contact me at michelle@connecttohr.com.

New Laws on Harassment, Wage and Hour Violations

In my work with organizations I have two focus areas – Executive Coaching and HR Consulting. Keeping clients abreast of new and changing legislation in the dynamic world of California labor law falls into the HR Consulting bucket, but is also important for the executives I coach.

Here’s an update on some key legislation affecting employers in 2019.

New Restrictions on Sexual Harassment Settlement Agreements

Two recently enacted laws will make it more difficult for employers to resolve workplace sexual harassment and discrimination disputes.

The Code of Civil Procedure Section 1001 prohibits settlement agreements that bar the disclosure of facts related to claims filed for:

Sexual assault
Sexual harassment
Workplace harassment or discrimination based on sex
Failure to prevent harassment or discrimination based on sex
Retaliation against a person for reporting harassment or discrimination based on sex

The law allows the identity of the claimant, and any facts that could lead to the discovery of that identity, to remain confidential if requested by the claimant. Employers are still allowed to enter into settlement agreements that prohibit the disclosure of the settlement amount.

Another new law, SB 1300, amends California’s Fair Employment and Housing Act (FEHA) by placing additional limits on settlement agreements. Employers are now prohibited from requiring an employee, as a condition of employment or in exchange for a bonus or raise, to sign a non-disparagement agreement that prevents the employee from disclosing information about unlawful acts in the workplace. The law also adopts a lower standard for liability, as such:

A plaintiff does not need to prove that tangible productivity has declined as a result of the harassment.
A single incident of harassing behavior may be enough to create a hostile work environment. Proof of a pattern of harassing behavior in the past is no longer required.
Harassing behavior is not acceptable based on historical norms, or industry or company custom.

As an employer you should review your harassment policies to ensure that they align with the recent changes in law. Also, take complaints seriously! Remember to always investigate claims using qualified, impartial investigators, and take corrective action. Create a culture that makes it very clear to leaders and employees that harassment of any kind will not be tolerated.

California has expanded mandatory anti-harassment training to smaller employers

Employers with at least five employees must conduct mandatory sexual harassment training by the end of this year to comply with SB 1343, passed in 2018. SB 1343 requires that training of both supervisors and non-supervisors be completed by January 1, 2020. 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 received by employees and supervisors.

Managers may be personally liable for wage and hour violations

According to a recent decision by a California appellate court (Atempa v. Pedrazzani), an owner, officer or managing agent of a corporate employer can be held personally liable for civil penalties for unpaid wages or overtime.

The plaintiff in this case worked at a restaurant owned by Pama, Inc. He sued the company for unpaid overtime, meal period and rest break violations. When Pama, Inc. filed for bankruptcy, the plaintiff successfully pursued recovery from the restaurant owner, Paolo Pedrazzani.

What this means for you as an employer is that you need to be sure that you and your managers consistently follow wage and hour rules. Even unintentionally failing to comply with the law can create personal liability.

Other legal decisions of note

Caldera v. Department of Corrections and Rehabilitation. The plaintiff in this case sued for harassment on the basis of disability after being taunted by his coworkers about his stuttering over a period of two years. The employer argued that the company had an informal, “joking” culture and that the behavior was not severe. The plaintiff won a $500,000 settlement.

This goes back to what I said earlier about creating a culture that is non-tolerant of harassment in any form. Again, the threshold for harassment has been lowered and a pattern of behavior is no longer necessary to prove harassment. If one of your employees is offended by harassing conduct you face potential liability even if the majority of employees are not bothered by the behavior. Again, take complaints seriously and investigate claims right away.

Hurley v. Department of Parks and Recreation. In this case a manager had disclosed private information about a subordinate to a non-manager, violating the plaintiff’s right to privacy. This decision points up the fact that managers should only disclose information about subordinates on a need-to-know basis and never to non-managers. The manager in this case maintained a “drop file” on the plaintiff, containing work performance as well as private information. Private information about employees should only be stored in files maintained by human resources with proper confidentiality protections.

Important updates on the use of arbitration agreements in CA

Epic Systems v. Lewis. In this case the U.S. Supreme Court ruled that the National Labor Relations Act (NLRA) does not prevent employers from making mandatory arbitration agreements a condition of employment, even with a provision waiving the employee’s right to a class action claim.

Along these same lines, two other opinions favored employers with regard to arbitration agreements.

In Sonic Calabasas Al, Inc. v. Moreno, the court ruled that an employer may require an employee to resolve wage disputes through binding arbitration. In Iskanian v. CLS Transportation Los Angeles, LLC, the court rule that an employer may require an employee to pursue claims as an individual and not as part of a class action suit. If you have not implemented mandatory arbitration agreements, I suggest you seek legal advice about the pros and cons of implementing an agreement for your organization.

If you would like more information about any of these legal updates and how they apply to your organization, please contact me for a consultation. Michelle@connecttohr.com.

Looking for a New Opportunity? Start by Gaining Clarity!

One of the trends I’ve noticed so far this year is that people are on the move. With the unemployment rate still low, more people are feeling that the time is right to search for a new opportunity. And I’ve had a number of calls asking for my advice on how to start the search, as part of my executive coach offerings.

Searching for a new opportunity can be both exciting and overwhelming. To make it more of the former and less of the latter, you need to have clarity, focus, a compelling message and a strategic job search plan.

Start by gaining clarity. What do you want to do next? What are the skills, experience and competencies required in order to achieve that? What kind of work environment do you prefer? Big company? Small company? Structured? Start-up? What are the roles, type of leadership, work culture, and experiences from your career so far that brought you the most satisfaction?

Take inventory. What are the skills, behaviors and competencies that have helped you succeed in the past? Which of those map to what you want to do next? Where are the gaps? What are the beliefs and/or behaviors that may have held you back so far from getting to where you want to be? Do you have skills or knowledge that you haven’t been able to leverage so far in your career but want to?

Create focus by identifying a target. Based on what you want to do next and your inventory, select a couple of target organizations/roles that are a potential match. Focus is incredibly important in your search for a new opportunity. It’s tempting to just throw out a big net in search of “a job” but if you want to have a fulfilling career, focus on the companies/roles/experiences that will propel you toward your personal career “vision.”

Develop your personal marketing campaign. This includes a compelling message about the value you bring to the table, and will include your resume, LinkedIn profile, a personal “elevator pitch,” and a list of people in your network (and in their networks) who might connect you to an opportunity. An important note about resumes. Remember that the purpose of a resume is to pique the interest of a recruiter or hiring manager so they will contact you for an interview. Keep it clean, concise, achievement oriented, forward looking, and error-free. It should not be a job description, but rather an account of what you did that made a difference to your role, your team, the organization.

Design your search plan. Once you’ve developed these components, create the action plan that will put them to work for you. Commit to paper your target, your key message, and your daily activity goals for your search. Keep active. Do something related to your search every day. Small steps every day lead to big results.

And remember, working with a coach can help you create your plan and accelerate results. If you find that your search for a new opportunity is leaning more toward the overwhelming side of the equation, contact me at michelle@connecttohr.com.

A Coach Can Help You Take the Next Step in Your Career

Advancing in your career doesn’t have to mean finding a new job in a different company. Often there are opportunities to grow right within your own organization. And companies who provide those opportunities are more likely to engage and retain their top performers. One of the challenges that organizations face, however, is creating a clear path for employees to traverse toward that next step in their career.

Whether you are an organization looking to retain top performers, or an individual wanting to move up within your organization or at another company, a good career coach can help you meet your goal.

Here are some ways a good career coach can help.

Provide clarity. Before you even begin to look for your next opportunity, you need to gain clarity around your target. What do you really want to do? What do you definitely NOT want to do? A coach can help you filter through your skills and experience and map them toward opportunities that have the potential to be fulfilling next steps in your career versus “just a job.”

Help you strategize. A good career coach will identify the skills and behaviors you need to move up within the organization, and help you create a plan to develop those skills and behaviors. They also know what works and doesn’t work in the job search process. So if you’re looking for a new job they can offer real world insight and ideas. Either way, they will help you put together a targeted, effective plan that will get you in front of the right people for the right opportunity.

Polish your pitch. A targeted, concise, compelling resume is your first opportunity to impress a hiring manager and differentiate yourself from other job seekers. Whether you are moving up within your organization or moving on, you should always have an up-to-date resume. A good coach will help you create a resume that gets results.

Keep you accountable. A good coach will keep you on track, encouraging you to make the regular small steps that will lead to the big result. They will celebrate your successes with you, and help you keep going when things don’t go as planned. They’ll help you tweak your strategy as necessary to achieve your goals.

Provide support. Your coach is there to help you succeed. They can be a sounding board if you get discouraged. They can connect you to resources within their network. Many will do mock interviews with you to help you prepare. They can give you objective feedback on your plan, your pitch and your approach.

Are you an organization looking to retain your top performers? Or an individual ready to take the next step in your career but don’t know how to get started? Do you know someone who is looking for a job but getting little or no results? I have worked with many senior leaders to help them develop and successfully implement an effective plan to get “unstuck” and take that all-important next step. Contact me at michelle@connecttohr.com

New Year New You? Start with a Plan!

January is the month of fresh starts. The month when we typically pack up the previous year and shift our attention to hopes and dreams for the 12 months ahead. Whatever your vision (or goal) is for a “new you” this year, it’s much more likely to become a reality if you make a plan. Remember, a goal without a plan is just a wish. Here are some guidelines to creating an effective plan.

Keep it simple. Make a list of what you want to accomplish or change this year, prioritize it, and then reduce your list to the 3-5 things you can realistically achieve.

Devote some time to it. Think it through. If you’ve been making the same goals/resolutions every year but not getting anywhere, you didn’t spend enough time making your plan. Research shows that 80% of New Year’s resolutions are abandoned by February. Why? Because they were too broad and didn’t include a plan.

Write it down. For each item on your list, add two or three specific actions you need to take to reach the goal. Give each item a reasonable due date. Remember to start with simple steps and one action at a time. Simple actions over time lead to big results.

Share it. Hearing your goals said out loud as you share them with someone else has a way of igniting your self-accountability. Sharing them makes them more real. Consider asking someone to be your accountability partner. Ask them to check in with you periodically to see how you are progressing.

Keep it visible. Post it in your workspace or keep it in your planner or whatever works for you in terms of keeping it visible. The more you see it the more likely you are to get it done. Use an app to help you keep track of your goal.

Be forgiving. Don’t beat yourself up if you get off track or miss a target date. Review your plan and see what adjustments you need to make to get back on track.

Celebrate! When you hit one of your goals, give yourself a pat on the back for a job well done!

In my work with individuals and organizations I’ve learned that the start of a new year is often when people begin seriously thinking about changing jobs or going after that promotion they’ve been wanting. Both of these efforts require a solid plan and can be facilitated by working with a coach. In my next blog I’ll share some tips on job searching or making a career change and how working with a coach can make the process shorter, easier, and more successful.

In the meantime, if you or anyone you know needs help in creating a plan for a job search or career change, please contact me at michelle@connecttohr.com.

Happy Holidays from Connect to HR

Season’s greetings! It’s hard to believe that another year is coming to an end. This has been a very busy and exciting year for Connect to HR. It’s been fun coaching, mentoring and guiding my clients as they implement new HR programs or deal with a lot of change in their organizations. Also, I have really enjoyed coaching senior executives and leaders. It’s been an honor to be a safe, confidential place for my clients to talk about what’s really going on in their organizations and to help them strategize a solution. I look forward to continuing this important work in the New Year.

I also want to express my deep gratitude to you, my loyal readers, for being part of the Connect to HR community. I hope that through my blog articles I’ve been able to keep you engaged and informed. I look forward to continuing the conversation in 2019!

All my best wishes for very Merry Holidays and a Happy, Healthy and Prosperous New Year!