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Reopening Your Business – It’s Important to Have a Plan

As of this month, many businesses that have been closed or operating remotely during our Shelter-in-Place order are now able to reopen. If you are able to reopen, are you ready?

Public health guidelines call for continued social distancing, facemasks, and enhanced sanitation procedures in order to open while maintaining the health of staff and customers. This requires a considerable amount of planning on the part of the business owner and new processes and procedures for employees.

The most frequent request I’m getting from leaders and business owners these days who call about my Just in Time 3-Hour HR Advisory Service is for help in creating a COVID-19 compliant reopening plan.

A recent Forbes article included a checklist of “the 5 most important things businesses must be able to do in order to return to work.”

Track and comply with evolving government and healthcare protocols.
Help keep employees safe.
Analyze the threat of new outbreaks.
Maintain the integrity of their supply chain.
Audit their processes to maintain compliance.

Each of these items requires planning as well as knowledge of where to find the most recent credible information about requirements and protocols. And that’s where advice from a Senior HR Consultant can be very helpful.

If you will be continuing to have some or all of your employees work remotely, it’s also important to strategize how to do that on a more permanent basis. Having employees work remotely for a few months is one thing, but when it becomes your standard business model there are many other things to consider. What additional equipment will employees need? How will you maintain team cohesiveness and workflow? How do you help remote employees maintain a balance between work-at-home and home-at-home so they don’t burn out?

It’s also important to think about how you will handle specific employee issues that may come up in light of the pandemic. Some questions clients have asked me are:

What if an employee is afraid of returning to work in case they’re exposed to the virus and then expose a vulnerable family member? How do we convince them that it’s safe?
How do we keep employees engaged when they’re working remotely?
What if we have another shutdown?

If you have questions or need help putting together your business reopening plan, contact me today to schedule a free 30-minute consultation to see how Just in Time 3-Hour HR Consulting Service can help you.

https://calendly.com/michellemendoza-connecttohr/30-minute-consultation

If you know of a business owner who may need advice about reopening or any other HR issue, please share our Just in Time 3-Hour HR Advisory Service flyer with them. Thank you!

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.

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.

Happy Holidays from Connect to HR

It’s hard to believe that the holidays are here already, and that 2018 is just around the corner! I hope that you will have a warm and wonderful holiday season with family and friends, and that the New Year will bring you happiness and success.

In this season of giving, I also hope that you will remember those who are less fortunate by making a donation or volunteering your time for one of the many organizations who serve those in need. This year has been a particularly difficult one for many. Here are some ideas.

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 appreciate your comments, and I look forward to continuing the conversation in 2018!

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

It’s Time to Review Your Year-End HR Checklist

The holidays and the new year are fast approaching. Before your attention turns entirely to holiday cards and gift lists, remember to set aside some time to ensure you have reviewed and completed any HR items that need to be completed before year end. I’ve included a list of those items below.

Also, in light of recent sexual harassment issues across industries, it’s a good time to review your harassment policies, and to schedule anti-harassment training.

If you are an employer with 50 or more employees, you are required by California law to provide at least two hours of sexual harassment training to all supervisory employees within 6 months of their becoming a supervisor. You also must repeat the training at least once every two years. This training must also include anti-bullying training.

All employers, no matter their size, must take reasonable steps to prevent discrimination and harassment from occurring. Learn about your requirements as an employer here. Although the training requirement applies only to supervisory employees, we recommend that all employees receive training to prevent sexual harassment and abusive conduct.

Here’s a checklist of other items to complete before year end. Be sure to add any items relative to your particular business that you don’t see here.

Order any updated Federal and State Labor Law Posters
Review your employee handbook to identify any changes needed based on new laws, policies and/or procedures
Review and update employee addresses in preparation for W-2 distribution
Review and update job descriptions
Finalize the HR Budget for 2018
Finalize focal process for 2018
Finalize company goals
Determine dates of company holidays for 2018
Finalize and announce any new benefits/employee perks for 2018
Renew any annual memberships and subscriptions
Schedule annual reviews with employees
Deal with any lingering employee relations issues

In addition, think back over the year and reflect on what went well and what didn’t go well from an HR standpoint. Are your employees engaged and productive? If not, do you see any trends that you could work on turning around in 2018? Are there any employees who stand out as particularly high potential? How will you develop and retain them in 2018?

Giving some thought to these things now, and then putting a plan in place to address them after the first of the year will get 2018 off to a good start!

If you would like to schedule an HR Audit, or need help creating or updating your Employee Handbook, please contact me at michelle@connecttohr.com.

HR Alert: Revised I-9 Form and New Employee Notice Requirement

Here are some recently-implemented requirements you should be aware of.

Revised I-9 Form Now Available

On July 17, the U.S. Citizenship and Immigration Services (USCIS) released a revised version of the Employment Eligibility Verification form, Form I-9. Employers may continue to use the existing form, with a revision date of 11/14/16 through September 17, 2017. As of September 18, employers must use the new form with a revision date of 07/17/17. Existing storage and retention rules still apply.

The revised I-9 form contains some minor changes to wording, as well as changes to Acceptable Documents List C. All changes are documented in the revised Handbook for Employers: Guidance for Completing Form I-9.

New Domestic Violence Employee Notice Required

As of July 1, employers with 25 or more employees are required to inform all employees, in writing, about protections for victims of domestic violence, sexual assault or stalking. The notice is a requirement of California Assembly Bill 2337, which was signed by Governor Jerry Brown last September, and outlines protections under Labor Code Sections 230 and 230.1. The California Labor Commissioner recently published a sample notice. The notice contains information on victims’ rights to accommodation and protections against discrimination and retaliation.

A Strong Culture is a Recipe for Success: Johnson & Johnson

A clearly defined, communicated and continually reinforced company culture improves productivity, promotes ethical behavior, and contributes to business success. Employees are more likely to be engaged and loyal when they work in an environment of strong ethics, mutual respect, and trust.

I experienced this firsthand at Johnson & Johnson, with the Johnson & Johnson Credo. The Credo is a set of guiding principles that provides a framework for employee behavior. When employees understand the corporate values and expected behaviors, they are empowered to do the right thing. If someone deviates from expected behaviors, the Credo can be used as a coaching tool to help that individual learn what is expected and why.

The Credo states Johnson & Johnson’s responsibility to their customers, their employees, their communities and their stockholders. It was crafted by a member of the founding family nearly 75 years ago, which was, as stated on their website, “long before anyone ever heard the term ‘corporate social responsibility.’ Our Credo is more than just a moral compass. We believe it’s a recipe for business success. The fact that Johnson & Johnson is one of only a handful of companies that have flourished through more than a century of change is proof of that.”

The Johnson & Johnson Credo is infused in every aspect of J&J life. Every new hire is given the history of the Credo and its importance to the company. It’s in the company’s reward systems. When the company I was working for was bought by J&J, we went through a 2-day mandatory Johnson & Johnson training to understand the values. When tough decisions were made, the VP of HR would take out a copy of the Credo to serve as a compass to make the right decision for all the parties involved.

The Johnson & Johnson example shows that it’s not enough just to establish “a great culture.” You have to ensure that the culture becomes a part of the hearts and minds of all employees – from executives to new hires.

If you need help establishing, communicating or reinforcing your company culture, please contact me.

Employee Surveys: Don’t Just Ask…Act!

For the first 6 months of this year, only 32.9% of employees were engaged at work, according to Gallup, who regularly measures employee engagement. This means that nearly 70% of employees were not engaged. Lack of employee engagement translates into less productivity and lower morale, and may ultimately impact business results.

There are multiple factors that contribute to employees being engaged and motivated – a sense of purpose, opportunities for growth, a positive culture, learning and development, and effective leadership, to name a few. Often companies, especially small ones with limited resources and time, are hard pressed to know where to focus to move the engagement meter in the right direction. A good way to determine how to improve your employees’ satisfaction, engagement and motivation is to ask them.

Conduct an employee survey.

Perhaps you’ve done one before. But there are surveys and there are surveys. And…it’s not just about asking a bunch of questions. It’s about asking a few good questions that encourage an honest response, and then actually acting on the information you receive. Too often employees are asked to spend 20 minutes or so providing input to a survey and then they never hear anymore about it. This is most likely not the intent when the survey is sent out, but sometimes there are so many ideas and suggestions for improvement that leadership can’t get their arms around them, or they compete with other priorities. Good intentions get lost in the shuffle.

There is a better way.

Start by creating a list of questions that will help you identify some areas that employees want to see improved. Common ones are training and growth opportunities, communication, and understanding how their role fits into the big picture. Pare the list down to 3 or 4 effective questions. Communicate to employees the purpose of the survey and that you will be selecting one or two areas to work on based on the results. An alternate way to gather responses to the questions is through employee focus groups. Once you’ve gathered and analyzed the data, communicate results to employees and involve them in prioritizing the areas to work on. Select one or two areas to focus on in the short term. Be open and honest about what’s achievable. Consider setting up employee work groups to create solutions for the improvement areas selected. Make progress updates a regular part of your employee communication. The important part is to ask and to ACT. When employees see that you are true to your word, they will be more willing to provide you with feedback and ideas and to be part of the solution.

“Research indicates that workers have three prime needs: Interesting work, recognition for doing a good job, and being let in on things that are going on in the company.” –Zig Ziglar

Have You Reviewed Employee Goals Lately?

In most organizations, managers and employees start the year – or review period – by documenting goals and objectives. Unfortunately, however, those goals and objectives often get tucked away in a file somewhere not to be seen again until they magically reappear at the annual performance review. By then circumstances may have changed, or it may be too late to catch up on a goal gone astray.

A better option is to keep the goals clearly in view, and to have regular “check-ins” throughout the year to assess progress and make any adjustments needed. I’m going to suggest that if you haven’t already had a check-in you do it now!

Remember that performance management is a process, not just an event. You should have mini-reviews with your employees throughout the year to provide feedback and development coaching. This will help both you and your employees track accomplishments and address areas for improvement in a timely manner. There should be no surprises during the annual review.

When you set goals, be sure they are SMART goals. If the ones you set earlier this year were not, review them now to make sure they are Specific, Measurable, Achievable, Relevant and Time-bound. The “time-bound” component is another reason that you need to have regular check-ins during the year so you can keep track of the due date and assess what happened if something slips.

For employee goals to be effective and meaningful, they need to be tied to both organization and team goals. Employees are more likely to be motivated and engaged when they can see how their work impacts the organization as a whole. In our dynamic work environments organizational goals (and team goals) may shift as priorities change during the year, so be sure that during your periodic reviews you update employee goals to reflect that.

Communicate with your employees on a regular basis through informal meetings (e.g., weekly one-on-ones) and more formal quarterly check-ins. Provide support in terms of resources and guidance as they work on their goals. Are they having trouble getting the input, effort or approvals needed from others in order to complete the goal? Are there roadblocks? Use this as a coaching opportunity and work together to develop a path forward.

When goals are achieved, recognize the achievement. For especially challenging or stretch goals, spend some time with the employee discussing his or her approach, lessons learned, and/or things that could have been done differently.

Making the time to have period check-ins and dialogues about goals and development opportunities will help keep your employees engaged and contribute to organizational success.