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New South Winter 2010

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HR Public Policy update to Burger King Franchisees

HR Public Policy update to Burger King Franchisees


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  • 1. Winter Meeting 2010 New South Coalition HR Public Policy Confidential and Proprietary Information of Republic Foods, Inc.
  • 2. Agenda
    • Ledbetter Today
    • Recruiting, Selection, and Hiring Strategies
    • The HR Re-Set in the New Economic Environment
    • Additional issues of importance to you
      • COBRA Subsidy extension and UI
      • Employee Handbooks
      • FMLA
      • HR Policy
    HR Public Policy Confidential and Proprietary Information of Republic Foods, Inc.
  • 3. Ledbetter Review
    • The Lilly Ledbetter Fair Pay Act (S. 181)
    • First law signed by President Obama, after swift passage by Congress in late January 2009.
    • Overturns U.S. Supreme Court’s decision in Ledbetter v. Goodyear Tire & Rubber Co.
    • Court held that issuing paychecks cannot be challenged as a discriminatory act. Claim must be based on compensation rates decision.
    HR Public Policy Confidential and Proprietary Information of Republic Foods, Inc.
  • 4. Ledbetter Review
    • The law amends Title VII of the 1964 Civil Rights Act, the ADA, ADEA, and the Rehabilitation Act.
    • It does away with the statute of limitations on pay discrimination claims.
    • Re-start the time clock when a retiree receives an annuity check from an employer, and thus, keeps employers liable to a discrimination claim long after an alleged act of misconduct.
    • Also, expands current law by allowing, not just an “aggrieved person,” but other individuals who were “affected” by an act of pay discrimination, to file claims .
    HR Public Policy Confidential and Proprietary Information of Republic Foods, Inc.
  • 5. Analysis HR Public Policy Confidential and Proprietary Information of Republic Foods, Inc.
    • Few Complaints have met the Ledbetter standard
    • Employers are successfully defending themselves against most recent complaints, or having the complaints dismissed without trial
    • Why???
  • 6. Courts Requirements
    • Employer was using a wage system designed to discriminate
    • The complaint really falls under wage discrimination
    • Strong evidence that there was wage discrimination
    HR Public Policy Confidential and Proprietary Information of Republic Foods, Inc.
  • 7. HR Strategies
    • Practice
    • Examine Compensation Practices to identify and address potentially discriminatory pay disparities and limit exposure
    • Implementation
    • RFI restructured our entire Performance Assessment and Compensation Strategies
    HR Public Policy Confidential and Proprietary Information of Republic Foods, Inc.
  • 8. Selection and Hiring
    • Traditional Hiring Process
      • Place a newspaper ad or Now Hiring Sign
      • Paper Application in restaurant
      • Manager would call the applicant back at some point in the future
    • Results
      • Poor Hiring Decisions
      • Russian Roulette in terms of competency
      • Open to potential discriminatory actions
    HR Public Policy Confidential and Proprietary Information of Republic Foods, Inc.
  • 9. Strategies to Consider
    • Implementation of a Total Hiring Solution
      • Sourcing:
      • Applicant Tracking-Assessment
      • Screening
      • Pre-and Post hire Verification
      • Onboarding
    • Transformed our Recruitment, Selection, and Hiring Practices
      • Reduce bias and potential Discrimination
      • Improve efficiency throughout the Organization
    HR Public Policy Confidential and Proprietary Information of Republic Foods, Inc.
  • 10. Economic Re-Set
    • Economy still in recession
    • Double digit unemployment
    • Employee turnover is at an all time low which is unprecedented
    • No clear strategy from our Franchisor
    • Our political leaders show no signs of enacting legislation that will turn things around anytime soon
    HR Public Policy Confidential and Proprietary Information of Republic Foods, Inc.
  • 11. Our Calling Is Clear
    • Improve Employee Performance
        • Grounded, Engaged and Empowered
    • Guide Leaders
        • Capitalize on Existing Opportunities
        • Be Compassionate
        • Stay in Command
    • Recalibrate HR to Support a Changing Organization
    HR Public Policy Confidential and Proprietary Information of Republic Foods, Inc.
  • 12. Improve Employee Performance
    • Review your performance metrics or KPIs
      • Are you measuring the right things in a down economy?
    • Ensure you’re rewarding the right things
      • Did you “freeze” merit or bonus plans or did you redesign to reward your best performers?
    • Review and update MBOs
      • Update personal objectives aligned to new plan of action
    • Broadcast real, simple and timely messages
      • Keep your employees well informed
      • Diffuse rumors as soon as possible
    HR Public Policy Confidential and Proprietary Information of Republic Foods, Inc.
  • 13. Improve Employee Performance
    • Upgrade Talent
      • Terminate poor performers
      • Hire high potentials to set up your future
    • Focus on improving morale & reducing stress
      • Celebrate accomplishments
      • Use appropriate humor
    • Look for opportunities
      • Engage your people for cost-savings or revenue opportunities
      • Share the success
    HR Public Policy Confidential and Proprietary Information of Republic Foods, Inc.
  • 14. Guide Leaders
    • Lead with a Heart in a Heartless Economy
      • Get personal! In tough times, tender wins
      • Know what’s going on in employees’ lives
      • Listen and care
    • Manage separations legally, ethically and appropriately
      • “The Delicate Art of Doing Layoffs”
    • Maintain healthy external relationships
      • Community
      • Headhunters
      • Vendors
      • Separated employees
    HR Public Policy Confidential and Proprietary Information of Republic Foods, Inc.
  • 15. Guide Leaders
    • Ensure your leaders are in command
      • Visible leadership
      • Facilitate consistent messaging throughout all functions
      • Guide them away from inactivity
    HR Public Policy Confidential and Proprietary Information of Republic Foods, Inc.
  • 16. Recalibrate HR to Support Changing Economy
    • Reward and Recognition Programs
      • Consider low cost programs that are easy to implement
        • For example, a letter or phone call from the CEO/Franchisee
    • Retention Programs: Long Term Plans
      • Consider ownership for key leadership
      • Are your equity plans 100% stock options?
      • If so, are you considering changing - maybe blending with restricted shares?
    HR Public Policy Confidential and Proprietary Information of Republic Foods, Inc.
  • 17. Recalibrate HR to Support Changing Economy
    • Reevaluate your staffing strategy
      • Hiring freeze…really?
      • Instead, close open jobs
      • Decrease headcount through attrition by terminating poor performers
    • Renegotiate with existing vendors
      • Seek cost adjustments before you terminate agreements and engage vendors to find cost savings
      • Consider additional work to be outsourced
    • Leverage technology
      • Business Process Outsourcing
      • Applicant Tracking Systems
    HR Public Policy Confidential and Proprietary Information of Republic Foods, Inc.
  • 18. Recalibrate HR to Support Changing Economy
    • Evaluate HR team’s capabilities and structure
      • Is it aligned for changing business conditions?
        • For example, handling rising employee complaints
      • Do you have the right competencies, knowledge and skills in your team?
    • Focus on your Employment Brand
      • The labor market’s perception of your company as an employer
      • Focus on both your internal and external employment brand
    HR Public Policy Confidential and Proprietary Information of Republic Foods, Inc.
  • 19. Additional Items/Discussion
    • Contact information
    • [email_address]
    • 301-785-5696
    • 240-644-6542
    HR Public Policy Confidential and Proprietary Information of Republic Foods, Inc.