Leaders motivate and inspire respect by supporting employees, listening and showing they care. There is no need to rack our brains to figure out how to motivate others when simple things done in kindness and selflessness inspire our employees to do their best.
“Think about it,” said Heather Kruse, chief human resources officer at Viewpoint School in Calabasas, Calif. “Books are published focusing on hundreds or thousands of ways of motivating employees, but the truth is that workers motivate themselves. Your job isn’t so much to motivate your employees as it is simply to create a work environment in which they can motivate themselves.”
Workplace Wisdom
“What you want for yourself, give to another” is simple wisdom that is sometimes missing in corporate America. No matter where you work or what you do, you can be the best boss your staffers have ever had. “You can be that person who influenced and supported them to become better people and stronger contributors. You can be that caring [listener] that encourages, that experienced mentor who guides, and that engaged leader who motivates,” Kruse said. Ask yourself two questions:
What Being Someone’s ‘Favorite Boss’ Really Means
When someone describes his or her favorite boss, the description typically sounds something like this: “She always made me feel included. She challenged me to do things I didn’t even think I was ready for. She always had my back, and she was kind and fair but had really high standards.” Descriptions like these speak to that boss’s character, empathy and genuine concern to help the employee help herself. And while you may not have had many great bosses throughout your career, there’s nothing stopping you from becoming this type of influence on the people on your team right now.
Don’t overthink this. “People don’t typically describe their favorite boss by what [that boss does]; it’s really much more about who they are. ‘Beingness’ trumps ‘doingness’ in the world of inspirational leadership, and this critical insight will help your leaders focus on themselves and their own professional and career development, which will in turn benefit their subordinates as well as your company,” Kruse said.
It may be easy to simply write off the idea of inspirational leadership. You may reason that you work in a cutthroat industry in which people are out for themselves. And to a certain degree, this point may be valid.
But that doesn’t mean it has to be your experience. Change your perspective and you’ll change your perception. Look at the world through a different lens and, while the objective outcomes of your reality may not change, the way you experience those outcomes can change immensely.
“This doesn’t mean sticking your head in the sand and refusing to recognize reality,” said Robin Darmon, senior director of the career development center at the University of San Diego. “It does mean, however, that despite the supercompetitive nature of your industry or line of business, the challenges or disappointments with your own bosses throughout your career, or the constant pressure you face to produce greater volumes at faster speeds, you can shield your people from many of those complexities.”
You can reason that the buck stops with you. You can be the line of demarcation between the drama above you and what your team members get to experience under your leadership.
Change your mindset about who you are as a leader, motivator and talent developer. Make bringing out the best in each of your subordinates your goal—not to fix all their shortcomings but to harvest the best of the strengths they have to offer.
“You know intuitively that successful leadership focuses on building on strengths rather than shoring up weaknesses, so find new ways of bringing out those strengths and inspiring employee engagement,” Darmon said. “Have fun. Consider lightening up just a bit. Understand that life is a gift, and for a significant portion of your lifetime, working with others will engage you, frustrate you, disappoint you, exhaust you, and fascinate and inspire you.”
Work will touch all those emotions through your various experiences. But nothing will stick with you more than the people you’ve helped, the careers you’ve nurtured, and the people along the way who thanked you for all you did to help them excel and become their best. That’s why leadership is a profound gift that the workplace offers—because it enables you to touch lives and make the work world a better place.
Here’s the secret about inspirational leadership: It’s not the end that is most meaningful; it’s your experiences along the way. Make the most of your career and work life through people, not despite them. Teach what you choose to learn. Encourage others to take healthy risks. Be there when they make mistakes, and offer support when they feel vulnerable. Understand that your employees’ mistakes are likely not made deliberately, but when in doubt, err on the side of compassion. You can be the first domino in a chain of events that can change someone’s life for the better.
So go ahead and reinvent yourself. The world’s waiting to see—and receive—that gift of selfless leadership, personal and career development, and workplace wisdom that you’re about to display.
Courtesy of Paul Falcone (SHRM)
Courtesy of Fisher Phillips LLP
2018 has seen quite a few changes in labor and employment law. But with the New Year having just rung in, it’s time to look forward rather than backward. The question on the tip of everyone’s tongue is: what’s next? Here are our predictions for what to expect in 2019 when it comes to workplace law.
Expect More Class Actions
We’re going to start out with the bad news. Because of the potential for a big payout, class and collective actions are a favorite for plaintiffs’ attorneys. You should not expect that to change in 2019.
The California Supreme Court’s decision in Troester v. Starbucks Corporation has opened up even more avenues for potential wage and hour claims in the Golden State, and the trend could hit the rest of the country, too. In July 2018, the California Supreme Court narrowed the scope of the de minimus doctrine under state law and held that employees must be paid for off-the-clock work that regularly lasts several minutes per day. While the California Supreme Court refused to shut the door entirely on the de minimus doctrine, it noted that technological advances should help employers track small bits of time, and that employers can restructure work to avoid off-the-clock time.
Employers outside of California may see plaintiffs’ attorneys attempting to use the same rationale employed by the California Supreme Court to argue that the de minimus doctrine should not apply in the circumstances of their case. Moreover, with more employees having remote access to emails and other mobile platforms, the number of ways for employees to argue that they were working off the clock has increased.
The Ascendance Of Arbitration Agreements
One way for employers to avoid class actions is through arbitration agreements. Last May, the Supreme Court ruled in Epic Systems Corporation v. Lewis that mandatory class action waivers in arbitration agreements are enforceable. As a result, you can expect to see an increase in the number of companies rolling out updated agreements to include class action waiver language. (Note: if you have not had your arbitration agreement reviewed since May when Epic Systems came out, make it your New Year’s Resolution to do so.)
However, while popular with employers, arbitration agreements are decidedly not so with the plaintiffs’ bar. Expect to see plaintiffs’ counsel becoming more creative in challenging arbitration agreements on grounds related to unconscionability.
We may even be starting to see a backlash against arbitration agreements. Most recently, some law students have been pressuring big law firms to do away with them when it comes to their own hires. And last year, the California legislature passed a law banning mandatory employment arbitration agreements for claims arising out of alleged violations of the Fair Employment and Housing Act or California Labor Code. Although the bill was ultimately vetoed by outgoing Governor Jerry Brown, expect to see the fight continue in 2019.
Don’t Look To Congress To Lead The Way
With Democrats controlling the House, and Republicans controlling the Senate and Executive Branch, you can expect that most employment legislation will be dead on arrival. When it comes to innovative legislation impacting the workplace, you should look to the states to lead the way. This is not to say that there won’t be any changes to labor and employment law on the federal level in 2019. However, we expect the most significant changes to be made by agencies (such as the National Labor Relations Board, the Department of Justice, the Equal Employment Opportunity Commission, etc.) rather than Congress.
NLRB Will Narrow The Definition Of Joint Employer
One of those agencies—the NLRB—made noise last year when it published a proposed rule that would alter the definition of joint employment to make it more difficult to hold multiple businesses responsible for alleged labor and employment law violations by staffing companies, franchisees, and other related organizations. Expect to see continued movement and updates on this proposed rule in 2019.
But before getting too excited at any potential changes, you should keep in mind that states may have their own rules regarding joint employment that could differ from what the NLRB comes up with. Any new rules may not affect your organization’s liability under state law.
USDOL Has A Full Plate
Another agency you should keep an eye on is the U.S. Department of Labor (USDOL). Not only is the USDOL considering its own joint employment rule, but the agency has proposed regulations regarding the regular rate of pay and white collar exemptions (also known as the “overtime” rule).
The regular rate of pay is of particular importance to employers because it is used to calculate the overtime rate of non-exempt employees. While we know that changes to the proposed regulations are targeting sections 7(e)(2) and 7(g)(3) of the Fair Labor Standards Act, the USDOL has been rather vague about what the proposed regulations will look like. The USDOL states that they aim to “provide employers more flexibility in the compensation and benefits packages they offer employees” and “lessen litigation regarding the regular rate.”
The regulation relating to the white collar exemption is less opaque. As employers may recall, the minimum salary threshold for white collar exemptions was supposed to increase from $455 per week (or $23,660 annually) to $913 per week (or $47,476 annually), with the amount to be updated every three years. However, right before these changes were scheduled to take effect in December 2016, a federal court blocked their implementation. Under a new administration, we expect that we will see a more modest proposed increase in the white collar exemption in 2019—perhaps in the low $600s per week.
Paid Sick Leave Will Continue To Be On Trend
Although there are no federal laws mandating paid sick leave (yet), you can expect that paid sick and family leave will continue to be a big issues, with states and localities picking up the slack. Right now, 11 states and the District of Columbia require paid sick leave. Additionally, various cities and counties have stepped in where states have not provided for such leave or to give more generous benefits than the state.
You generally should anticipate an expansion of paid sick leave benefits in 2019. The New Jersey Paid Sick Leave Act went into effect October, while Michigan, Washington, and Westchester County (NY) have paid sick leave laws going into effect this year.
While some municipalities in Texas want to get in on this trend, a Texas appeals courtruled the Austin Paid Sick Leave Ordinance violates the state constitution because it preempts the Texas Minimum Wage Act. San Antonio passed its own sick leave ordinance in 2018, but it may only be a matter of time before it, too, is challenged in court.
Privacy Issues Remain Paramount
The EU General Data Protection Regulation (GDPR) went into effect in May 2018, ushering in sweeping reforms for companies that do business in the EU or employ EU residents. The GDPR threatens strict penalties for non-compliance—up to the greater of 20 million Euro or 4 percent of global annual turnover in the prior year. Having been in effect less than a year, it is still not clear how fines will be assessed and what the potential exposure will be for companies that are found to be non-compliant. As 2019 progresses, you can expect to see many investigations that began in 2018 come to a close, and we’ll begin to get a better idea of how regulatory authorities will assess fines for non-compliance—including whether the fearsome 4 percent penalty will be assessed.
Lest you think the major developments in privacy are safely across the ocean in Europe, you can be sure there will be plenty of action closer to home in 2019. The Illinois Supreme Court currently has a case before it over whether a technical violation of the Illinois Biometric Information Act (BIPA) gives standing to sue absent a person suffering a concrete injury. If the court answers in the affirmative, you can expect to see a continued proliferation of BIPA class actions.
Further, California passed the California Consumer Privacy Act (CCPA) in 2018, which goes into effect at the beginning of 2020. While the law is not as comprehensive as the GDPR, California employers will soon need to figure out this year if it applies to them. You should take compliance seriously: the CCPA allows consumers whose rights have been violated under the Act to bring suit for actual damages or statutory penalties (whichever is greater) under a mechanism somewhat akin to a California Labor Code Private Attorneys General Act. You can expect the proliferation of CCPA lawsuits will be on next year’s list of predictions.
All OSHA 300A logs must be posted by February 1st in a visible location for employees to read. The logs need to remain posted through April 30th.
Please note the 300 logs must be completed for your records only as well. Be sure to not post the 300 log as it contains employee details. The 300A log is a summary of all workplace injuries and does not contain employee specific details. The 300A log is the only log that should be posted for employee viewing.
Please contact our office if you need a copy of either the OSHA 300 or 300A logs.
Florida raised its minimum wage to $8.46 an hour beginning Jan. 1, 2019, up 21 cents from $8.25 in 2018. For tipped employees, the minimum wage will be at least $5.44 an hour.
The minimum wage rate is recalculated each year on Sept. 30, based on the Consumer Price Index.
Employer found liable for intentionally violating minimum wage requirements are subject to a fine of $1000 per violation, payable to the state in addition to potential civil action law suit.
Be sure to update your required Florida Minimum Wage Posting to reflect this change. You can download a copy of the new poster here.
By Myra L Thompson, RHU, REBC, GBA
The gender identity of non-binary is not new. Throughout history and across cultures those who do not experience themselves as either male or female have been part of humanity. As an HR professional, I didn’t have any idea what to expect should someone who identified as non-binary apply for a job with my company or with any of the companies we represent.
My research indicated that this group of individuals see themselves as a third gender if you will. Although they identify under an umbrella title of non-binary, these individuals will present in their own unique style. Though you may recognize male and female characteristics in their dress and hair, make-up or lack thereof, they are a separate gender that encompasses male and female, or lacks them, in a completely unique gender category. With that in mind, this group will often ask you to use the pronouns “they” or ‘them” when you refer to them.
When I met Parker, who identifies as non-binary, it happened to be on a day when Parker was waiting for a callback from a job interview. I asked Parker to walk me through their expectations of this potential employer. Parker wanted two things; respect for their non-binary gender identity and an opportunity to do excellent work for the company. Respect meant that when they were referred to by a pronoun, that their peers and boss, to the best of their ability, use “they” or “them” rather than she or he.
I found Parker to be hugely sensitive to how difficult that may be for those unfamiliar with the concept of a third gender. Just try, Parker asked.
Then the pragmatic HR question surfaced. What type of bathroom situation would an employer be asked to provide? Parker is not completely comfortable in either a woman’s or men’s restroom. Optimally an employer would offer privacy through the use of stalls in a Unisex bathroom or a single bathroom. Both of these options, added to the existing men’s and women’s bathrooms in a company, would allow everyone a space to be comfortable. Having said what was optimal; Parker was prepared to use whatever was available.
I should add that during our walk, Parker was offered and accepted the job. I asked where in the interview process Parker presented the specific issue of gender identity and the requests related to changing the behavior of “their” new colleagues. It would happen at onboarding, which was to be the following Monday. At some appropriate point during new hire orientation, Parker would offer information regarding their gender to the HR person and boss. Parker was clear that there was nothing legally that would prevent the company from walking them to the door at that point. Parker only hoped that since the company had selected them for the skills, knowledge and abilities they offered that the company would choose to keep them.
I share this conversation to you as I expect your HR department, if it has not already, will be having this conversation in the days to come.
The IRS recently released final forms and instructions for the 2018 employer reporting. The good news is that the process and instructions have not changed significantly from last year. However, the IRS has started to assess penalties on the 2015 forms. For that reason, employers should make sure they complete the forms accurately.
The final 2018 forms and instructions can be found at:
Employers with self-funded plans can use the B forms to report coverage for anyone their plan covers who is not an employee at any point during the year. The due dates for 2018 are as follows:
Be sure to file these forms on time. The IRS will assess late filing penalties if you file them after they are due. The instructions explain how to apply for extensions if you think you may miss the deadlines.
The 1095 C form can be sent to employees electronically with the employee’s consent, but that consent must meet specific requirements. The consent criteria include disclosing the necessary hardware and software requirements, the right to request a paper copy, and how to withdraw consent. They are the same consent requirements that apply to the W-2.
Employers must submit the forms electronically if they file 250 or more 1095 Cs. The instructions explain how to request a waiver of the electronic filing requirement.
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The Trump administration announced a proposed rule today that would allow businesses to give employees money to purchase health insurance on the individual marketplace, a move senior officials say will expand choices for employees that work at small businesses.
The proposed rule, issued by the Department of Health and Human Services (HHS), the Department of Labor (DOL) and the Department of Treasury, would restructure Obama-era regulations that limited the use of employer-funded accounts known as health reimbursement arrangements (HRA). The proposal is part of President Donald Trump’s “Promoting Healthcare Choice and Competition” executive order issued last year, which tasked the agencies with expanding the use of HRAs.
Senior administration officials said the proposed change would bring more competition to the individual marketplace by giving employees the chance to purchase health coverage on their own. The rule includes “carefully constructed guardrails” to prevent employers from keeping healthy employees on their company plans and incentivizing high-cost employees to seek coverage elsewhere.
That issue was a primary concern under the Obama administration, which barred the use of HRAs for premium assistance. The 21st Century Cures Act established Qualified Small Employer Health Reimbursement Accounts (QSEHRA), but those are subject to stringent limitations.
Under the new rule, HRA money would remain exempt from federal and payroll income taxes for employers and employees. Additionally, employers with traditional coverage would be permitted to reserve $1,800 for supplemental benefits like vision, dental and short-term health plans.
Officials estimate 10 million people would purchase insurance through HRAs, including 1 million people that were not previously insured. Most of those people would be concentrated in small and mid-sized businesses.
The proposed change would “unleash consumerism” and “spur innovation among providers and insurers that directly compete for consumer dollars,” one senior official said. Officials expect 7 million people will be added to the individual marketplace over the next 10 years.
The rule does not change the Affordable Care Act’s employer mandate, which requires employers with 50 or more employees to offer coverage to 95% of full-time employees. Administration officials expect the proposal will have the biggest impact on small businesses with less than 50 employees.
However, the rule could scale back the use of premium subsidies. If the HRA is considered “affordable” based on the amount provided by the employer, the employee would not be eligible for a premium tax credit. If the HRA fails to meet those minimum requirements, the employee could choose between a premium tax credit and the HRA.
Overall, the rule will “create a greater degree of value in healthcare and the health benefits marketplace than we would otherwise see,” one official said.
The regulation, if finalized, is proposed to be effective for plan years beginning on and after January 1, 2020.