Posts Tagged ‘McKimmon Center’

Are You Aware of the Regulatory and Legal Changes Affecting N.C. Employers in 2013?

Thursday, March 21st, 2013

2013ELLU-Flash 2012 brought a number of federal and state employment law changes that will affect North Carolina employers this year. Agencies, such as the U.S. Immigration and Customs Enforcement (ICE) and the U.S. Department of Labor (USDOL), are giving employers more challenges by increasing their scrutiny on compliance. North Carolina also has restructured its unemployment insurance system to deal with the state’s federal debt, as well as make the NC Division of Employment Security (DES) more efficient.

Please join us for the 2013 Employment and Labor Law Update at Raleigh’s McKimmon Center on May 22 and May 23. The experienced attorneys of Ogletree Deakins will update you on the latest developments and inform you on what they mean to N.C. employers and how they will specifically affect your organization.

Ogletree Deakins’ knowledgeable attorneys will cover several topics pertinent to employers, including:

 

NLRB

Workplace Violence Prevention

Employee Handbooks

N.C. Legislature

ICE

E-Verify

Healthcare Reform

ADAAA

Challenges with New Technology

Compensation Systems

USDOL

FLSA

Unemployment Insurance Reform

Affordable Care Act

EEOC

Whistleblower Claims

 

Brian Hayes, former NLRB member and voice of management on the board for more than two years, will present at this year’s conference. Brian’s term on the NLRB Board may have ended in December 2012, but he’ll share his view on the board’s recent rulings and help you prepare for the new challenges facing employers. Conference favorite Dennis Davis also will share with attendees a special presentation on preventing workplace violence.

If you want to understand how the latest developments in state and federal employment laws and regulations affect your organization, attend this conference. In addition to all the compliance information you’ll receive, you’ll have a number of opportunities to network with leading employment law attorneys and more than 350 HR executives and company leaders.

Please visit www.capital.org/lawupdate to review the event’s full agenda, descriptions about the presentations and to register. Feel free to call 919-878-9222 or 336-668-7746 with any questions.

7 Takeaways from CAI’s 2012 Compensation and Benefits Conference

Thursday, September 6th, 2012

CAI hosted its annual Compensation and Benefits Conference on Tuesday, Aug. 28 and Wednesday, Aug. 29 at the McKimmon Center in Raleigh. More than 200 HR professionals and company leaders participated in the event that focused on trends and best practices in total rewards.

The conference featured presentations from a variety of professionals responsible for advising companies on their compensation and benefits strategy. Some notable presentations included CAI’s Director of HR Services, Molly Hegeman, detailing marketplace trends for salaries and benefits in North Carolina, and Peter Marathas, Partner in the Employee Benefits & Executive Compensation Group, who imparted the audience with tips to handle the recent changes in health care.

Other topics covered at the conference included flexible scheduling, health care management, mistakes related to wage and hour law, and multi-generational retirement planning. Below are some key takeaways from last week’s conference:

  1. Marketplace trends show an increase in consumer-driven health plan options (CDHP), well-being programs, and companies giving employees financial education and advice. These trends show a decrease in 401K matching, salary budget, promotions, teleworking and recognition programs.
  2. Employee time off costs are virtually equal to health care costs, and time off is one of the highest valued benefits to employees, second only to pay.
  3. Top 5 Wage-Hour mistakes include considering salaried employees exempt, averaging work hours, errors in recording work schedule, believing child labor laws aren’t applicable to your own child, and thinking any person may be an independent contractor.
  4. Chronic diseases make up 75 percent of national medical costs, and 80 percent of chronic conditions are modifiable or preventable. National data supports that effective wellness programs improved employee health and impact overall healthcare costs.
  5. A survey from AonHewitt revealed that health benefits satisfaction is declining, more than half of employees do not know how their pay is determined, most employees don’t understand the value of their pension plans, and 80 percent of respondents fear that they will not have enough money in retirement.
  6. According to CAI’s 2012 Wage & Salary Survey, NC companies project to increase employee salaries by 2.9 to 3.6 percent for 2012. Percentage of companies giving performance-based merit increases is 81.2 percent and those giving general increases in 36.2 percent.
  7. Companies that don’t manage total rewards effectively are missing valuable input from their employees, leading to lower engagement and higher turnover; missing opportunities to manage total rewards as a portfolio, which may lead to higher costs and lower effectiveness; and introducing unnecessary risk into their total rewards approach.

CAI holds four conferences each year. The Triad Employment Law Update is CAI’s next conference and will take place at the Koury Center in Greensboro on Wednesday, Nov. 7, 2012. For more information related to CAI’s conferences, please check out CAI’s conference page.

6 Things to Know about the NLRB’s Notification of Employee Rights from the 2012 Employment and Labor Law Update

Tuesday, May 15th, 2012

On May 2 and May 3 CAI hosted its annual Employment and Labor Law Update at the McKimmon Center in Raleigh. More than 390 HR professionals and company executives participated in the two-day event. Experienced lawyers from Ogletree Deakins updated the audience on the most recent developments in state and federal employment law and how they affect North Carolina employers. Topics discussed at the conference included the ADAAA, conducting investigations, healthcare reform, E-Verify and more.

Participants were concerned and surprised by some of the recent changes from the NLRB, which attorney John Burgin shared. Burgin explained that the recess board under President Obama’s administration currently has a 3-2 pro-union majority, and the board’s effects are shaping how employers and employees can interact with each other. Here are six things you need to know about the NLRB and its Notification of Employee Rights:

1.       Notification of Employee Rights              

  1. Originally effective November 14, 2011 but implementation was delayed indefinitely by U.S. Court of Appeals on April 17, 2012
  2. The National Labor Relations Act (NLRA) requires most private employers to post employees’ rights
  3. All employers under jurisdiction of the NLRB are included, but the act excludes government, agricultural, railroad and airline employers
  4. Ruling applies to employers of unionized and non-unionized workforces

2.       Foreign Language Notice

  1. Where 20 percent or more of a workforce is not proficient in English, employers must post the Notification of Employee Rights in the language employees speak
  2. If workforce includes two or more groups constituting of 20 percent, employers must physically post information in each language or post notice in the language spoken by the largest group and distribute the notice to each employee in appropriate language

3.       Electronic Posting of Notice

  1. If an employer “customarily communicates” with employees about personnel rules or polices electronically, the employer is required to post the Notification of Employee Rights as prominently as other electronic notices to employees
  2. The information on the electronic version must be the exact copy of the NLRB’s poster or a link to the NLRB website that contains a copy of the poster must be present

4.       Under the NLRA, it is illegal for an employer to:

  1. Prohibit an employee from talking about or soliciting for a union during non-work time hours or from distributing union literature during non-work time hours, in non-work areas
  2. Prohibit an employee from wearing union hats, buttons, t-shirts and pins in the workplace except under special circumstance
  3. Question an employee about his or her union support or activities

5.       Responses to Posting Notification

  1. Employers still have the same rights under Section 8(c) to share their position and opinions in non-coercive manners
  2. Employers may inform employees about their rights to refuse to support a union—written or verbal

6.       Notification Options

  1. If it is eventually approved, consider the following options when posting the Notification of Employee Rights:

a.      Post the new notice

b.      Post the new notice and your own side notice

c.      Post the new notice and train supervisors on expectations and compliance

d.      Post the new notice and conduct meetings with employees to  build positive employer-         employee relationships

If you have additional questions regarding the NRLB and posting of the Notification of Employee Rights, please contact a member of CAI’s Advice and Counsel Team at 919-878-9222 or 336-668-7746.

Photo Source: avrene

Jeff Tobe Shares Insights on Engagement, Creativity and Business Success

Tuesday, January 10th, 2012

CAI’s HR Management Conference will feature Jeff Tobe as a keynote speaker on February 22 at the McKimmon Center in Raleigh. Dubbed the “Guru of Creatively Thriving from Change” by Insider Magazine, Jeff is a nationally-known speaker who helps his participants embrace change and thrive from it. His presentation for next month’s conference addresses how creativity can engage employees. I had the opportunity to speak with Jeff on this topic, and he offered me inventive but practical advice for employers.

Recent research shows that 72 percent of the American Workforce is not engaged. Jeff says this figure is scary but can also provide great opportunities for organizations to increase their bottom line. An engaged employee affects business results more positively than a disengaged one.

“It’s management’s fault that people are floundering, and it’s management’s fault that people aren’t engaged,” Jeff says.

He explains that more employees are valuing their time and life outside of work, and many companies have management that does not understand their employees’ needs and the factors that drive their engagement. Jeff stresses that companies cannot motivate their employees, but they can create an environment in which employees are  motivated to perform well. According to Jeff, managers must understand their internal customers, including their employees, to create a motivating environment:

“I have to know my internal customer better than I have before, and then I have to ask the right kinds of questions to find out what truly motivates them, so I can work with them in a way in which they need to be worked with.”

Managers who cannot adapt their style to effectively engage their employees will see their company struggle to retain top talent and achieve success. Jeff offers his audience members a number of approaches to combat low employee engagement. Here are a few that can help your company increase its bottom line:

Use Creativity as an Influencer

Jeff views creativity in two parts—there is the “create” and there is the “ivity.” He says the create part is easy, but ivity requires risk. Jeff encourages organizations to look at things from their employees, customers and vendors’ perspectives, and then ask, “How do we shatter the stereotype of the experience people expect to have with us?”

Jeff warns that people need to use accountability when creating. He wants management to encourage new ideas and risk taking, but he says there has to be reasons for asking employees to explore creative pursuits. Time, energy and resources can be wasted when accountability and strategy are not present.

Review Your Current Company Processes

An in-depth review of your company’s current processes can reveal factors that may increase engagement and yield strong business results. There are three parts to the in-depth review process management should perform, according to Jeff. The first is identifying the processes that are unnecessary. Tired industry standards and tasks that do not offer the company benefits are examples of items that you can eliminate. Next, Jeff wants you to review processes that are working, and look at ways you can expand on them to produce greater results. The third step asks you to invent new processes. Are there immediate changes you can make to improve your workflow or are there projects you can create to increase your employee morale?

Jeff says it takes some weight off an organization’s shoulders when it realizes there are processes that it can remove or improve upon to achieve success.

Practice Communicating Effectively

“Stop being the giver of information. Start being the seeker,” Jeff says regarding employers who practice poor workplace communication.

Jeff says that communication is not about oral or listening skills, but it is about truly listening between the lines and being empathetic. He says that most people are good communicators but not empathetic communicators; they do not truly listen to the opinions and frustrations of their workforce. Jeff sees more organizations fail because of poor communications than any other cause.

For more approaches on improving your company’s engagement level and to see Jeff’s presentation, register for CAI’s 2012 HR Management Conference here: www.capital.org/hrconf.

 

Five Important Points from CAI’s 2010 Employment and Labor Law Update

Wednesday, May 19th, 2010

More than 350 company executives and HR professionals gathered at the McKimmon Center in Raleigh on May 12 and 13 for CAI’s 2010 Employment and Labor Law Update.  The record-setting crowd heard about the latest changes in federal and state employment laws and what North Carolina employers need to be doing now to address these changes.

The two days were packed full with illuminating information, and there were many participants’ questions answered.  To write about everything that was covered would take two weeks’ worth of daily blog entries.  In lieu of that huge undertaking, here are five important points that were made:

1. A study released in September 2009 regarding wage-and-hour violations is driving the U.S. Department of Labor’s efforts to greatly increase its investigations into such non-compliance.  The study is based on interviews with more than 4,000 “workers in low-wage industries” in New York City, Los Angeles and Chicago.  The results were:

  • 76% of those surveyed worked overtime the previous week but were not paid time-and-a-half
  • 26% were being paid less than minimum wage
  • 69% of workers entitled to a break did not receive the required break time

2. The U.S. Department of Labor is also making a large investment in pursuing the misclassification by employers of independent contractors.  Three steps employers need to take to address this issue in their organization are: conduct a thorough, companywide risk analysis of your independent contractor population; design and implement a comprehensive compliance program; and establish an internal team to implement and monitor the compliance program.

3. Every organization needs to have a social media policy.  The first question to ask is whether to create a positive/empowering policy or a negative/deterring policy?  In other words, do you empower your employees to become ambassadors for your organization, or do you prohibit them from referring to it?

4. One of the most important things an employer can do to avoid violations under the new ADA Amendments Act is to train their supervisors how to respond to an employee’s request for accommodation.

5. Three key tips for avoiding I-9 liability: implement a comprehensive written policy; conduct I-9 audits at least annually; and implement a policy for resolving no-match notices.

Did you attend the 2010 Employment and Labor Law Update?  What important takeaways did you bring back to the office?

Photo Source: srqpix

Employment and Labor Law Update Helps Employers Be Informed and Protected

Tuesday, May 4th, 2010

The past year has been marked by major changes in employment law and intense regulatory enforcement efforts, including:

Government agencies will be stepping up their enforcement activities even more in 2010.  Consider:

  • U.S. Department of Labor budget includes $25 million and the addition of 100 enforcement personnel to identify and penalize employers who improperly misclassify employees as independent contractors.
  • U.S.D.O.L. budget includes a $67 million increase for worker protection agencies, including $14 million more to OSHA to add 60 enforcement staff and conduct 9 percent more inspections.
  • The EEOC budget includes an $18 million increase that will be used in part to hire 100 new investigators.  Those additions come on top of the EEOC’s 2009 expansion.
  • OSHA has announced that they plan to increase the average fine for a serious violation from $1,000 to $3,000-$4,000.
  • The U.S.D.O.L. Wage and Hour Division launched its “We Can Help” campaign earlier this year.  It essentially presents any employee who is unhappy with their pay with a forum for a nothing-to-lose wage complaint that can be submitted online or through a hotline.

In addition, the number of wage and hour lawsuits filed by employees against employers increased by 44 percent in 2009 over 2008, healthcare reform passed and President Obama recently appointed Craig Becker and Mark Pearce to the National Labor Relations Board, tilting the board very much in a pro-labor way.

To help North Carolina employers understand what these developments mean and how they will ultimately be affected, CAI is hosting its annual Employment and Labor Law Update on May 12 and13, 2010 at the McKimmon Center in Raleigh.  CAI experts and experienced attorneys from Ogletree Deakins will discuss all of the recent changes and help companies understand what they need to worry about now and what they can move down the priority list.

For additional information, please go to www.capital.org/lawupdate.

If you are participating in the conference and would like to tweet your thoughts, we invite you to do so using the hashtag #10ELLU.

Photo Credit: CAI