Here are some key points to remember when asking about citizenship/national origin: - You can ask if they are authorized to work in the US. - Do not ask about specific national origin, citizenship status of parents/spouse or ask them where they/their parents were born. - Focus on their ability/authorization to perform the job successfully with no issues related to work status.

1. HR 101 What all employers Need to Know… © 2011 The Weston Group, LLC. All Rights Reserved.

3. An Overview of Core HR Leadership Competencies

4. Effective Recruitment & Selection Techniques

5. Compensation and Benefit Issues & Answers

6. The Legal Arena and HR Law

7. Labor & Employee Relations

8. Recordkeeping – An outline of What to Keep and Commonly Accepted Record Retention Strategy

9. Risk Management – ADA / FMLA / Workers’ Compensation

10. HR Metrics: How to Measure Your Success

12. Sabrina is also a partner in the law firm of Meierhenry Sargent, LLP.

13. Membership involvement includes:

14. South Dakota Bar Association Professional Liaison Committee

15. State Bar Alternate Dispute Resolution Committee

16. South Dakota Bar Association

17. Second Circuit Bar Association

18. U.S. Federal District Court

20. Experience includes Vice President of Human Resources for 10,000+ employees in multi-state locations as well as Director of Nursing and Recruiter experience.

21. Former Commissioned Officer in the United States Army Nurse Corps.

22. Certified as SPHR and currently licensed RN

23. Professional Affiliations

25. American Association of Healthcare HR Administrators (ASHHRA)

27. Mr. Kreyer has an extensive background in leadership, strategic planning, budget & project management, labor relations and negotiations, organizational development as well as creative problem resolution.

29. University of Minnesota, Masters Degree in Industrial Relations

30. University of Minnesota, Bachelors Degree in Psychology (I/O psychology emphasis)

38. Paper pushers

39. Rule makers and rule monitors

40. Local, internal organization focused

41. Focused on the present only

43. Traditional Human Resource Department Structure …silos of experts? Benefits Firing Hiring Salary

44. Human Resource Functional Areas Job Analysis and Job Evaluation Job Descriptions Recruiting Employee Interviews Background and Reference Checks Employee Orientation Wage and Salary Administration Benefits

45. HR Functional Areas (cont.) Employee Records Management Vacation/Leave Policy and Administration Performance Appraisal Processing Promotion/Transfer/Separation processing Disciplinary Procedures Labor Relations/Negotiations

46. HR processes

47. Old vs. New HR New HR: Generalists (know business, not just HR) Integrated into business units & decisions Coach management/employees for higher individual/organizational performance Good communication; customer skills Broader focus: organization, community Current & future focus Adds value (and ROI) to the organization NOT STRATEGIC ENOUGH

48. Strategic Partner “Strategy development is important for HR, but strategy execution is far more important” Richard Beatty Rutgers University

49. Strategic Partner – Why HR Hasn’t Been One Activity Based - # applications, # hired, etc. Cost Emphasis - budget/EE, Cost/hire The Legal System - risk adverse vs. problem solving Employee Advocate - work for the employee NOT ENOUGH STRATEGY

50. A seat at the table . . “If HR wants a seat at the table, it better bring something to eat!” Ray Weinberg 2000 SHRM Thought Leaders Conference Providence R

52. What HR Can Be A more strategic view

55. Critical positions and value relationships

56. Objectives and guiding principles

57. Alignment: Source, deploy, engage, reward, develop

58. Prioritization and change plan

59. Human capital metrics

61. Retention

63. Retention

64. Engagement24

65. Summary People are often the most expensive part of running an organization HRM linked to the Company’s goals is crucial to attaining organizational performance and improving results Your HR Department should be creating a strategy that is aligned with organizational goals and supported by the Administration and Board So how do you get there?

66. An Overview of Core HR Leadership Competencies

67. Essential HR Management Competencies When Interviewing, we use checklists and structure questions to look for competencies. What competencies should we look for in HR people? For starters, here are nine top contenders And one final thought…

68. HR Key Skill #1: Organization Organized files Strong time management skills Personal efficiency Avoid “the black hole” syndrome

69. HR Key Skill #2: Multitasking On any day, an HR professional will deal with an employee’s personal issue one minute, a benefit claim the next and a recruiting strategy for a hard-to-fill job the minute after Priorities and business needs move fast and change fast, and colleague A who needs something doesn’t much care if you’re already helping colleague B You need to be able to handle it all, all at once.

70. HR Key Skill #3: Discretion and Business Ethics Human Resources professionals are the conscience of the company, as well as the keepers of confidential information You need to be able to push back when they aren’t, to keep the firm on the straight and narrow You must be objective, therefore HR has to juggle “friendships” vs. “profession” (especially difficult in small companies)

71. HR Skill #4: Dual Focus HR professionals need to consider the needs of both employees and management There are times you must make decisions to protect the individual, and other times when you protect the organization, its culture, and values Biggest mistake of HR departments – Lack of objectivity HR does not make decisions, we should provide guidance for both employees & management

72. HR Key Skill #5: Employee Trust Employees expect Human Resources professionals to advocate for their concerns The HR professional who can pull off this delicate balancing act wins trust from all concerned Remember, management staff are employees too You can make everyone successful or achieve win-win if possible? Give employees “choices”. Give management “guidance”

73. HR Key Skill #6: Fairness Successful HR professionals demonstrate fairness Voices are heard Laws and policies are followed Privacy and respect is maintained Look at entire organization & track precedence to ensure fair & consistent decisions

74. HR Key Skill #7: Dedication to Continuous Improvement HR professionals need to help managers coach and develop their employees The goal is continued improvement and innovation as well as remediation

75. HR Key Skill #8: Strategic Orientation Forward-thinking HR professionals take a leadership role and influence management’s strategic path Proactive vs. reactive – TRACK & TREND Have the answer before you have the problem

76. HR Key Skill #9: Team Orientation Once, companies were organized into hierarchies of workers headed by supervisors Today, the team is king HR managers must consequently understand team dynamics and find ways to bring disparate personalities together and make the team work

77. Nine Skills, But Also One Caveat The nine skills are not prioritized here, because no general list of skills can take into account the business strategy at your particular organization Which leads to the caveat: “HR should serve the business strategy. It’s important for HR people to know what that strategy is and what makes the business tick so the approach to HR can be tailored accordingly for your country You should never think of HR in isolation, because if Human Resources professionals think of themselves as “just HR,” that’s what the rest of the organization will think too.

78. HR Leadership Competencies Visionary Strategic Communicator Organizer Team Builder Mentor Mediator Evaluator Problem Solver

79. HR Leadership - Vision HR staff needs to have the ability to see where the organization and their people need to go to meet future needs

80. HR Leadership - Strategy HR staff needs to create the strategy needed to move people and resources to accomplish that vision

81. HR Leadership –Communication HR staff must have the ability to listenand respond to employees with respect and appropriate communication

82. HR Leadership – Skillful Organizers Establish a goal, communicate it accordingly Schedule workloads accordingly PLAN! (allocate time & resources) Proactive vs. reactive Track the progress of a project Follow-through is critical to build credibility

83. HR Leadership-Team Builder Good team builders respect their staff and give them recognition for work well done They are courteous in their dealings, provide support and direction when needed, and offer constructive criticism in private Good team builders strive to be fair and respectful when resolving conflicts among staff.

84. HR Leadership-Mentor Encourage and motivate employees to reach their potential Provides empathy not sympathy Confronts negative behaviors and attitudes Encourages self-awareness Maintains high standards of professionalism in interpersonal relationships with employees

85. HR Leadership-Mediators Creates a respectful setting and safe environment for discussion Remains objective! Identify the real issues (focus on problem, not person) Provides consequences for choices Monitors interpersonal interactions and intervenes when appropriate

86. Effective Interviewing & Employee Selection

87. The WHY of Effective Interviewing Getting the right person for the right job Increased retention = decreased cost Increased productivity of the team (right fit) Increased customer satisfaction Decrease orientation Decreased management time

88. Why the RIGHT questions are important Select and design questions carefully to get the information needed to make quality hires while avoiding discriminatory intent.

89. Behavioral Based Interviewing FACT Previous performance is the best indicator of future performance 55% predictive of future on-the job behavior vs. traditional interviewing provides only 10% prediction

90. Behavioral Based Interviewing Provides in-depth information of the candidates job related: Experiences Behaviors Knowledge Skills and abilities Simply change your questions! “Give me an example of……”

91. First, Know Your Own Traits

93. Examples Give me an example of a difficult client/customer relationship and how you worked through it Describe a decision you made that was unpopular and how you handled implementing it Give me an example of a time when you set a goal and were able to meet or achieve it Give me an example of how you delegate duties to others. How do you hold individuals accountable?

94. Topics and Questions to Avoid Age Arrest Record (you can ask about convictions) Marital and Family Status Religion Disabilities Race National Origin Military status

95. Laws that affect the interview process Title VII of the Civil Rights Act of 1964 Race Sex Color Nation of Origin Religion Vietnam Veteran Pending—Sexual Orientation Age Discrimination in Employment Act (ADEA) Americans with Disabilities Amendment Act (ADAA) Immigration Reform and Control Act (IRCA) Citizenship Nation of Origin

96. Laws that affect the interview process National Labor Relations Act (NLRA) Union membership Uniformed Services Employment and Reemployment Rights Act (USERRA) Membership or service in the uniformed services Bankruptcy Act Child Support Enforcement Amendments

97. What to ask and not ask Age Instead of: When did you graduate? When do you intend to retire? Ask: Are you old enough to do this type of work? Can you supply transcripts of your education?

98. What to ask and not ask Disability Instead of: Do you have a disability? Have you ever filed a workers compensation claim? Do you have a history of drug or alcohol abuse?

99. What to ask and not ask Disability Ask After reviewing the job description, “Can you do the duties listed in the job description, with or without accommodation?” Must do Employers must provide reasonable accommodation to candidates who have disabilities.

100. What to ask and not ask Race A candidate’s race will usually be at least somewhat evident, but race related discussions or questions may imply a preoccupation with that factor

101. What to ask and not ask Religion Instead of: What outside activities do you participate in? Ask: What professional associations are you a member of?

102. What to ask and not ask Sex/marital status Instead of: Are you married? When do you plan to start a family? Do you have children?

103. What to ask and not ask Ask: Are you available to travel frequently? Can you work overtime with no notice? Can you work evenings and weekends? When we check references/do a background check, are there other names we should look under?

104. What to ask and not ask National Origin/Citizenship Instead of: Are you a citizen of the US? What country are you from? Where is your accent from? What nationality is your last name? When does your visa expire?

105. What to ask and not ask Ask: If you are hired, are you able to provide documentation to prove that you are eligible to work in the US?

106. What to ask and not ask Financial Status Instead of: Do you own a home/car? Have you ever filed for bankruptcy? Are you subject to any garnishments or child support orders? Ask: Will you sign a form authorizing us to perform a credit check?

107. What to ask and not ask Military Instead of: Please provide the status of your military discharge Will you miss work to perform military service? Ask: What experience did you gain in the uniformed service that is relevant to the job you would be doing?

108. What to ask and not ask Arrests and convictions Instead of: Have you ever been arrested? Ask: Have you ever been convicted of a crime? You must qualify this question by stating that a conviction will not automatically disqualify a candidate

109. Closing the Interview Ask the candidate if he or she has any questions Summarize the next steps in the process Avoid making any promises or commitments to the candidate Thank the candidate for his or her interest in the position

110. Post Interview Review your notes Summarize your overall impression of the candidate immediately after the interview while your memory is fresh Consider other open positions for which the candidate may be a good fit

111. Behavioral Based Interviewing Evaluation Rating System 5. Excellent 4. Good 3. Acceptable 2. Poor 1. Very Poor/Unacceptable Average scores for objective ratings

112. Choosing the Right Person Compare/contrast the candidates You may use a formal ranking system providing you are comparing the same criteria/responses You may have other managers or your staff interview the final candidates Gather input from others but remember, it’s ultimately YOUR decision

113. MAKING THE OFFER Don’t misrepresent opportunities Offer letter Condition job offer on tests, references, etc.

114. REFERENCE AND BACKGROUND CHECKS What to check for Where to check References Negligent hiring By the way, The Weston Group offers a cost effective background checking service…

115. KEEP THEM THE BEST AND MAKE THEM BETTER Orientation Training Performance improvement

116. In Conclusion... Treat the candidate fairly Make the interviewing environment as comfortable as possible Ask relevant questions Probe for work-related events that detail the person’s experience, skills and knowledge Keep an open mind…and an appropriate sense of humor!

117. Employment Law

118. Federal Employment Law Update National OriginOSHARace DiscriminationReligious DiscriminationSex DiscriminationSexual HarassmentTitle VIIWARN Affirmative ActionAge DiscriminationClass ActionsCOBRADisability DiscriminationEmployee BenefitsFLSA & Wage & HourFMLAImmigration

120. Civil penalties against an employer of up to $1,000 per misclassified employee for a first violation and up to $2,500 per misclassified employee for each subsequent violation

123. Centralize authority to classify workers

124. Payroll/HR communicate regularly about red flags

125. Educate front line managers and supervisors

127. The Act also gives the U.S. Department of Labor's (DOL) Wage Hour Division (WHD) the authority to investigate and gather data regarding the wages and hours of employment for entities subject to the requirements of the Act.

128. Employers that violate minimum wage or overtime pay provisions may have to pay back wages and penalties.

129. Recent settlements:

130. AT&T = $1 Billion

132. More than 75% of survey respondents reported not being compensated for overtime worked in the previous week—and they averaged 11 hours of weekly overtime.

134. Exempt vs. Non-Exempt – HUGE

136. Centralize authority to classify workers / make policy

137. Payroll/HR communicate regularly about red flags

138. Educate front line managers and supervisors

140. Female – Male

141. From 1990 to 2009, the percentage of sexual harassment claims filed by men has doubled from 8 percent to 16 percent of all claims, according to the Equal Employment Opportunity Commission.

142. Same sex harassment

143. Most often settlements

145. Any party acting as an agent of the employer such as a real estate agent or consultant can be a perpetrator in a harassment claim.

148. Hostile work environment harassment is harassment that typically must be intentional, severe, recurring and pervasive, and interfere with an employee's ability to perform his or her job

150. When can consensual sex create a hostile workplace environment?

151. Sexual favoritism

153. For example, Quality Control Supervisor Langston Satterwhite, of Maple Heights, Ohio, had an excellent performance history, but a white supervisor unfairly disciplined him for trivial matters, such as having facial hair or using a cell phone, even though white co-workers were not reprimanded for doing the same things.

155. Managers should be held accountable for following policy

156. Educate front line managers and supervisors

159. USA Today: The number of ADA charges filed in 2009 hit an all time high with almost 21,500 ADA related charges being filed with the EEOC

160. The good news: 60% were found to have no basis under its rules, and about half of the cases it did take resulted in an outcome favorable to the employee.

162. The Great Recession

164. Being fired

165. Complaints include being overlooked for promotion

167. Recent case: Amelia Ravan claimed that her supervisors at Forest Pharmaceuticals wanted to get rid of her and that she worked in what was essentially a hostile environment.

168. When she couldn’t take the stress anymore, she was diagnosed with anxiety and depression and took FMLA leave.

169. When she couldn’t return, she lost her job.

170. Ravan sued under the ADA, claiming that her employer had triggered a disability and therefore should have accommodated her.

172. Managers/HR communicate regularly about potential issues –be proactive!

173. Have ADA compliant job descriptions

174. Educate front line managers and supervisors

175. Keep eyes and ears open

178. Care for a child

179. Care for an elderly relative.

180. Time off for pregnancy

181. Time off for the adoption of a child or birth of a child

183. Make employee aware of eligibility

184. Start the paperwork process

185. Be sure you get completed paperwork

186. Access resources if you don’t understand the condition

187. Track utilization if intermittent

188. Get re-certification if needed

189. Track exhaustion of leave

191. Charlene Wisbey brought suit against her employer of twenty-seven years, claiming that her rights under the Americans with Disabilities Act (ADA and the Family Medical Leave Act (FMLA), were violated when she was terminated based on the results of a “fitness for duty exam.”

193. ADA / FMLA / WC ADA – 15+ Employees Department of Justice FMLA – 50+ employees Department of Labor WC – 1+ Employee Department of Labor

194. Easy Steps to Remember Work related? How many employees do you have? How long has employee been here? Chronic or just serious? Validate the diagnosis If ADA, FMLA and WC, GET HELP!!!

195. Common Mistakes Employers Make Reactive rather than proactive “Training does not produce revenue” Improper termination Be sure to have a consistent corrective action policy Assuming there is no strong basis for immediate termination, giving at least one warning is important to demonstrate fair treatment Jurors LIKE employees

196. Common Mistakes Employers Make Lack of quality documentation Favoritism False comfort Employment-at-will Do the right thing!

199. The proposed legislation would increase employers’ potential liability for compensation decisions.

203. Keep HR staff up to date

204. Know where you can find resources to assist with specifics

205. Educate front line managers and supervisors

206. Keep eyes and ears open

209. Benefits

210. Ancillary Pay

212. Pay for hours worked in a standard pay period

213. Ancillary Pay

214. Pay in addition to base pay (differentials, incentives etc.)

215. Salary Survey

217. A percentage of increase given “across the board” to all employees

218. Merit Pay Increases

219. Increases to base pay driven by performance

220. Market Equity Increases

221. Increases to base pay driven by the market value of a job with critical skills being higher than current pay rates

222. Internal Equity

224. Housekeeper

225. Food Service Worker

226. Janitor

228. Why Compliance Matters Obama Administration has promised increased enforcement activity and has substantially increased DOL resources The plaintiff’s bar has launched an aggressive nationwide campaign, using websites to encourage hourly employees to join wage and hour lawsuits Settlements in private and DOL enforcement actions routinely run in the $2 million to $5 million range, and have exceeded $85 million

229. FLSA Basics Minimum wage and overtime requirements Hours of work and how to calculate overtime Recordkeeping requirements Exemptions from overtime requirements Child labor laws

230. Why You Need to Know Wage and hour issues are critical to the operation of the organization FLSA determinations may be difficult The law affects employee compensation You play an important role in compliance

231. FLSA Exemptions Who is exempt? How do you determine exemptions?

232. Nonexempt and Exempt Nonexempt employees -Hourly Exempt employees -$455/week -Cannot be subject to reduction because of variations in the quality or quantity of work -Docking issues WHO DETERMINES CLASSIFICATION?

233. Minimum Wage Application Federal versus state requirements Minimum wage/overtime posters

234. What Hours Count? Employees must be paid for work “suffered or permitted” by the employer even if the employer does not specifically authorize the work. If the employer “knows or has reason to believe” that work is occurring, the employee must be paid for the hours—even if off-site or off-shift. MANAGE THE ISSUE

235. What Hours Count? Waiting time “engaged to wait” or “waiting to be engaged” On-call time Who is designated “on call” Travel time “portal to portal” “Changing” time

236. Rest Periods Meals Required under FLSA? 30 minutes UNINTERRUPTED Automatic deductions Work breaks 5-20 minutes Not a guarantee Sleep time

237. Recording Work Time Means of tracking hours Regular starting and stopping times Discrepancies Automatic deductions (meal)

238. Rounding Errors Issue arises when employer tracks time in 15 minute increments RULE: 1-7 minutes may be rounded down to 0 8-14 minutes rounds up to 15

239. Deductions from Pay Absences due to illness or disability Absences for personal reasons Disciplinary suspensions and penalties First and last weeks of employment Unpaid leave

240. Child Labor Laws Purpose of child labor laws Workers under age 18 Minimum wage Overtime

241. Work Restrictions Work restrictions for all minors under 18 Other restrictions vary depending on minor’s age

242. Hours of Work Restrictions for minors who are 14 or 15 No restrictions for minors who are 16 or 17

243. Key Points to Remember FLSA is a federal law that applies to most organizations This law governs minimum wage, overtime, and child labor issues Most employees are covered Be aware of the impact of this law

244. What is next on the horizon? Wage Theft Prevention Act (H.R. 3303) Family-Friendly Workplace Act (H.R. 933) Living American Wage Act of 2009 (H.R. 3041) Working Families Flexibility Act (H.R. 1274) Not realistic before Healthcare Reform and Employee Free Choice (my opinion)

245. THE RESOURCE SQUEEZE: Managing Employee Benefits $ $ 137

247. Germany is aging even faster: More than a fifth of the country (21.6%) will be over 65 by the year 2020.

249. Ministers of religion

250. Bus drivers and other transit operators

251. Senior managers in health, education, social and community services

253. Aging Workforce Rank/State 110 and Older 100-109 6. Pennsylvania 46 - 2,400 7. Ohio 41 - 1,910 8. Michigan 40 - 1,535 9. Massachusetts 17 - 1,552 10. New Jersey 38 - 1,514

254. Aging Workforce Rank/State 110 and Older 100-109 6. Pennsylvania 46 - 2,400 7. Ohio 41 - 1,910 8. Michigan 40 - 1,535 9. Massachusetts 17 - 1,552 10. New Jersey 38 - 1,514

256. New computer screens are being introduced, with bigger type

257. Special shoes

259. Wages and salaries averaged $19.53 (71%), and benefits averaged $8.11 (29%).

261. Supplemental pay (overtime and premium, shift differentials and nonproduction bonuses), which averaged 71 cents per hour worked (2.4%)

263. Health Insurance

264. Health Insurance * Indicates a significant difference from previous year

267. Confusion about the priorities of their organization

268. Increased workloads

269. Confusion about their mandate

270. A sense of being betrayed by executives and managers

271. A profound sense of distrust

272. A sense of futility with respect to long-term planning

274. Second, interventions to turn the cycle around must be considered as long-term projects.

275. Remember that your organization may have been moving downward for a year or two, and that it is going to take a substantial period of time to reverse the process.

277. QUESTIONS

278. Strategic Human Capital Management Corporate Office: 315 S. Phillips Avenue Sioux Falls, South Dakota 57104 Office (605) 275-4747 Info@TheWestonGroup.com www.TheWestonGroup.com