Your Career and the Office Holiday Party

Chances are you have already heard advice to avoid drinking too much alcohol at the company Christmas party. You have maybe even observed the results of co-workers that did imbibe too much. Hopefully you haven’t personally experienced this career stopper. Advice is cheap and easy, but the trick is to follow that advice!

So, maybe you are a real “party animal” and rather than risk drinking too much you think that perhaps you should just not go to this party? Think again. For the most part, this is an obligation. There are very few reasons that warrant skipping out on this party.

One of the most important tips to remember: this is a business event. You are being observed by not only your boss, but your boss’s boss! Do your career goals include “moving up” at your company? This is your chance to demonstrate that you can handle the social aspects of a business function, a requirement of anyone at a senior level. Following are some tips to make the best of this event.

Be prepared with some interesting conversation topics before you arrive and don’t encourage in-depth business discussions. This is an opportunity to get to know others, so don’t just hang out with your co-workers. Although it may be tempting to spend a good amount of time with the boss, don’t dominate the time of any one person. Mingle!

Along with the advice of don’t drink much, don’t eat too much. Avoid the messy foods and don’t ever make negative comments about the food or the drink. The CEO probably didn’t prepare the food, but criticism of the refreshments will be taken personally.

You should understand that the catchy phrase about Las Vegas doesn’t apply in this case; things that happen at the office Christmas party don’t stay at the office Christmas party! If you care anything about your career, remember the same rules (written and unwritten) that apply during business hours apply at this social function.

Dress appropriately. Those tight pants, the low cut sweater, or the sparkly clingy dress may entertain others for the evening, but that is what everyone will remember. The fact that you are intelligent, a hard worker, a loyal employee, and an individual with “upward potential” will be lost. Your sexual allure is not a required job skill unless you work at Hooters or the local strip joint. This is not the time to flirt with anyone. You may think that you are being “fun,” but there is a good chance that you are making someone uncomfortable and that you are looking like a fool to others.

When the party is over, it’s time to leave. There may be wine left in the bottle and food still out on the buffet, but don’t stay too late unless you are helping to clean up!

Debt Collection in the Workplace

In today’s economy, many people have fallen behind on payments. Employers are not obligated to put telephone calls through or allow bill collectors on their property to contact employees. These calls would fall under any policy you may have about personal calls and/or visits. Employees should inform the bill collectors that they do not want to be contacted at work.

In Michigan, a debt collector is prohibited from “Communicating information relating to a debtor's indebtedness to an employer or an employer's agent unless the communication is specifically authorized in writing by the debtor subsequent to the forwarding of the claim for collection, the communication is in response to an inquiry initiated by the debtor's employer or the employer's agent, or the communication is for the purpose of acquiring location information about the debtor.” Act 70 of 1981 regulates collection practices in Michigan and section 445.252 lists what is prohibited. More can be found at www.legislature.michigan.gov.

A debt collector can contact an employer to verify employment. If a judgment has been obtained against an employee, then the order for garnishment of wages will be delivered to the employer. As an employer, you are legally obligated to follow the order for garnishment, so read all of the instructions carefully.

401(k) Fees

Caterpillar Inc. has reached a tentative settlement to pay $16.5 million in a case involving a dispute with employees and retirees regarding excessive 401(k) fees. With the current economy, investments are being looked at in a new light. Although Caterpillar maintains that it complies with ERISA, this litigation has been going on since September 2006. Can you imagine the legal fees? Do you know what the fee structure is for your 401(k) plan? Whether a participant or a provider, I think it is important for you to understand all the details!

For some basic, easy to understand information about 401(k) fees, check out: http://www.dol.gov/ebsa/publications/undrstndgrtrmnt.html

Gender Based Insurance Premiums

Do you know that your health insurance premium is determined by looking at a number of risk factors? It is a complex formula that can include things like health history, age, geographical location, and gender. Insurers claim that this is necessary to be fair in their pricing policies. But others feel that basing premiums on gender is unfair. The extra money that an employer gets charged because they have a higher number of women employees gets passed along to those employees either through higher premiums or deductibles. Some feel that charging women more than men is discriminatory and should be illegal and this battle is now being played out on Capitol Hill.

The insurance industry says that if coverage is required for all Americans, then they would stop basing their rates using gender and health status to individuals and small groups. House legislation and the Senate health committee bill would treat the large group market much the same as the individual and small group markets. They would prevent insurers from setting rates based on the gender and health status. Plus, they would limit how much more insurers could raise premiums based on age.

"Discriminatory insurance practices, such as gender rating, should be abolished across all markets — individual and group," says Sen. Barbara Mikulski, D-Md., a senior member of the health committee. "A woman should not face discrimination based on something arbitrary like the size of the employer she works for."

Do you have an opinion?

"Hot Goods" Provision

In June, a cherry processing plant in Williamsburg, MI closed its doors. Cherry Blossom LLC did not pay their employees for all of their hours before the plant closure. The cherries that were produced during that time period were sold to a company in Indianapolis for delivery to customers throughout the country.

The U.S. Department of Labor (DOL) oversees the Fair Labor Standards Act (FLSA) which sets wage and hour laws. They were notified when the employees didn’t receive their final paychecks from Cherry Blossom LLC. If employees are not paid in compliance with the FLSA, employers cannot deliver, sell, or ship in interstate commerce the goods that were produced by those employees. This provision in the FLSA is called the “hot goods” provision.

“We informed the buyer that it is illegal to sell goods worked on by employees who were not paid in compliance with federal wage laws,” said James Smith, district director of DOL’s Wage and Hour Division in Detroit, Mich. “Due to the investigation, the buyer agreed to pay $38,700 in back wages owed to workers at the plant.”

If you know of anyone that worked for Cherry Blossom LLC at the time they closed their doors, the DOL has their pay. Contact the Wage and Hour Division at 313-226-7448.

Employers should make it their business to understand FLSA rules and regulations.

Working Sick & Swine Flu

There is a lot of talk about the H1N1 “swine flu” virus. Two surveys provide a glimpse into how many of us go into work even when we are sick and legislation is currently being considered that would mandate paid sick leave for U.S. employers.

Out of 605 U.S. respondents to a recent Society for Human Resource (SHRM) management poll, 48% said that during the past 12 months “they felt they had to” report to work sick or else their work would not get done. One out of 10 respondents said they feared they would be subject to discipline for staying home.

Monster.com conducted a poll in May 2009 and nearly 12,000 U.S. workers responded. Although results are not scientific, 71% said they report to work even when ill; 33% because they fear losing their job, 38% because their workload is too busy. Respondents to both surveys also said they cannot afford to take a day off or didn't want to use a paid vacation day.

A bill (H.R. 2460) sponsored by Rep. DeLauro has been referred to committee and it would “allow Americans to earn paid sick time so that they can address their own health needs and the health needs of their families.” The legislation as introduced by DeLauro would require employers with 15 or more employees to provide up to seven days of paid sick leave. There is a related bill in the Senate (S.1152).

I’m not convinced that mandated paid sick days will address the desire to keep employees from reporting to work sick. I think it is more of a cultural issue in the workplace. What do you think?

LinkedIn: Undergoing a Change

Like many people, I consider LinkedIn to be the “business” networking site – the place where you try to present yourself as a professional with a goal of making business connections and keeping in touch. On the other hand, Facebook or MySpace is where I expect to find pictures of a personal nature, political commentary, silly games, and a declaration of social opinions and musical interests. In many ways, these networking sites provide entertainment and an easy way to communicate with friends and family.

LinkedIn gives me the opportunity to meet fellow business people and stay on top of current issues. I can get involved in on-line discussions and I can learn more about an individual by reviewing their profile. I belong to a number of “groups” and I get e-mail updates from those groups. It seems that lately, many of these updates are sales pitches in disguise. Companies are attempting to sell their consulting services and trying to enlist me in their training programs. Individuals that I have never met are soliciting for jobs that I don’t have available. Don’t get me wrong, I love capitalism, the free market, and I believe it all revolves around selling. But, I get the impression that the people behind the disguised sales pitches are desperate. I think that LinkedIn has lately been touted as a job board or classified advertising medium and its value is currently changing. I wonder how long it will remain of value to the business community as a networking site.

Looking for Work?

The unemployment rate is still high, but there is light at the end of the tunnel. So, what will potential employers see on your resume if you have been out of work for the past year? If you’re a recent college graduate, chances are you didn’t find a job after getting that degree. You’re not alone, but how will your resume stack up against the resumes of others?

Managers may understand why you have a “gap” in employment, but if you have been active in other ways, you look better compared to candidates that have been focused only on cleaning out their garage or working on their tan. Differentiate yourself from others by filling the “gap” with meaningful activities. Spend time on projects for a non-profit organization, volunteer to coach a kid’s sports team, write a regular newsletter or blog about a subject that is aligned with your career goals. Add skills to your resume by going to your local library and getting the information to teach yourself a foreign language or a technical skill that will add to your toolbox. There are many options and it is always good to start with the things that are important to you and could be important to your next employer.

If you weren’t there this morning, you missed a chance to increase your knowledge for free! John Holmquist, attorney with Foley & Mansfield, and I facilitated the “Ask the Experts: Connecting HR and Employment Law” event hosted by the Macomb County Chamber of Commerce. We met with area business owners at the beautiful main branch Clinton Township Library and enjoyed some great Biggby coffee while we discussed some hot employment issues. Topics included non-compete agreements, paying overtime, holding funds from final paychecks, whether to classify employees as exempt or non-exempt, the Lilly Ledbetter Fair Pay Act, age discrimination, health insurance, and anticipated upcoming legislation . . . wow, lots of things happening in the workplace today!

Interesting MSN Article...

Your Career: Take this job and shove it!
Given cutbacks, not all employees are playing nice when they quit
By Eve Tahmincioglu

Richard Laermer, CEO of New York-based RLM PR, has noticed a disturbing trend lately. Employees who quit aren’t giving the customary two weeks’ notice, and some are even breaking noncompete agreements they signed.

“It’s the weirdest thing,” he says. “After 19 years of doing this job, as a CEO no less, I find myself shocked at how people are doing this.” Laermer suspects it all started after he announced layoffs in November and then canceled the Christmas party.

Many of the employees felt angry and nervous, and they wondered if the axe might fall on them, he surmises. And despite his efforts to quell employees’ fears, saying he’d borrow money if he had to before he made another job cut, some workers bolted for new jobs — without any concern about burning bridges.

At a time when so many companies are laying off workers, slashing wages and benefits, and instituting furloughs, it’s not surprising that some employees feel no obligation to be nice when they head out the door, says David Kaplan, management professor for Saint Louis University. “It’s understandable,” he adds, “because they feel the employer has violated the psychological contract with employees, and they don’t feel they owe them anything.”

S.T.G, an employee for a Chicago-based general contractor who did not want his full name used because he didn't want to jeopardize his job, says his employer instituted an array of cutbacks about a month ago — including reductions in pay, vehicle allowance and sick days — and announced a mandatory one-week furlough for the end of the summer.

“This is on top of cost measures at the beginning of the year, which included salary freezes across the board, no bonuses paid out and stopping 401K matching,” he says.
The slashing prompted one of his co-workers to quit as soon as he found a job that paid better. “He resigned and left that day. No two weeks’ notice,” he adds.

S.T.G. has one question: “If your employer has cut your salary and benefits to where your family is struggling financially, do you owe your employer that two weeks’ notice when you leave?”

‘No one is playing nice anymore’Whether it’s giving notice, training your replacement or abiding by noncompete agreements you may have signed, these post-employment niceties that were expected once upon a time are not a given in today’s workplace.

“I think it’s a function of the economy,” says Lewis Maltby, president of the National Workrights Institute. “If your employer has been treating you well, morally you should give as much notice as you can. On the other hand, if your boss is screwing you, you don’t want to be nice.
“It’s a dog fight out there. No one is playing nice anymore. This is more ethics than law.”
Indeed, you’re not legally obligated to give notice, unless you have a detailed employment contract that says you have to. But even in that case, Maltby adds, few employers will sue you for not doing so because it’s not worth the time and expense.

“Most employers will be accommodating,” says John Verderese, leader of the talent management group at PricewaterhouseCoopers, “because most employers know, once employees make a decision to leave, their mind is elsewhere.”

If you’re so mad at your former employer and take company secrets and clients with you, or go to work for your company’s competitor even though you signed a noncompete agreement, that could be another story.

Randy Kahnke, an attorney with Faegre & Benson, says it all depends on which state you live in and the type of contract you entered into with your employer.

“Noncompetes are governed by state law,” he explains. “Florida, for example, is an example of a pro-employer state, where California prohibits enforcement of noncompetes.”

It also depends on whether you were laid off or you left a job voluntarily. “In Michigan, if a noncompete covenant reads that it only applies in circumstances of ‘voluntary termination,’ then involuntary termination does not preclude the employee from working for a competitor,” he adds.

In matters where an employee’s pay was cut and they were periodically furloughed, a worker could argue that the employer didn’t live up to their end of the agreement of providing full employment, says New York labor attorney Mark Risk.

Also, in this economy, some companies probably are not in a position to spend lots of money on a legal fight unless what you’re doing will truly damage a firm’s bottom line, legal experts say.
Consider karmaLaermer has all his employees sign an agreement when they’re hired stating they won’t go and work with former employees if they leave his company.

In the last few months, however, he’s had a few workers break that agreement. “They think we won’t pay for lawyers now to come after them,” he says.

While he didn’t have the resources to take legal action earlier this year because business was hurting, he says he plans on pursuing the matter now.

So, if you assess your situation and decide there will be few legal repercussions to leaving on bad terms, you should still consider karma. With the cyber social networking explosion, what you do at one employer may come back to haunt you.

If you leave without notice, you’re not just leaving your boss in a lurch, you’re also leaving your co-workers holding the bag, points out PricewaterhouseCoopers Verderese. Those workers, he says, may be people you may need help from some day.

And forget about good reviews from a former boss if you end up back on the job market again. Even though most managers are nervous about saying too much when it comes to references, their silence or lack of enthusiasm to a prospective employer can spell doom for your job prospects.

Given all the negative karma that could potentially rain down upon you, Maltby from the National Workrights Institute still recommends employees look at their individual situations.
If the new company wants you to start right away, and your present employer has cut your pay and benefits to the bone, he maintains it might not be in your economic interest to stay on board for even one more day.

“You shouldn't lose your new job to avoid the possibility of some day getting a bad review,” he says.

Professional Organizations

Do you belong to a professional organization? Do you actively participate in that group?

There are a number of local organizations affiliated with SHRM (Society of Human Resource Management) and if you are an HR professional, I recommend that you join a chapter near you. I had the opportunity to present to VSHRM (www.vshrm.org), a chapter based in Michigan on the topic of "Marketing to Your Internal Customers." This group provides an educational forum and the opportunity to network on a regular basis. I met some great people with great ideas doing great things.

No matter what your interests are, I believe that it is important to stay in touch with your peer group and interact outside of your workplace with professionals in your field. The exchange of ideas can be a spur to growth!

Volunteerism!

As a member of the Pinconning & Linwood Area Chamber of Commerce, I have been very involved with organizing a Pinconning community event. The CheeseTown Festival takes place over Father’s Day weekend and is centered around the 26th Annual CheeseTown Challenge, a 5 mile and 2 mile foot race (www.cheesetownraces.org). The festival will include inflatable fun rides, a beer tent with entertainment, a parade, a CheeseTown Dad contest, a macaroni and cheese cook-off, helicopter rides, a Father’s Day breakfast – all kinds of activities for all age groups. None of this would happen without some tireless volunteers and some generous business owners. It feels good to be involved in my local community and it feels great to be part of a team that likes to have fun!

Stressed Out?

What is the stress level like at your workplace? Employees are worried about finances, about getting all of the work done with fewer people, and about whether or not they will continue to have a job. Workplace stress is the most frequently cited reason U.S. employees consider leaving their jobs. According to two surveys by Watson Wyatt Worldwide, employers acknowledge that stress is affecting business performance, but few are taking steps to address it. Is your company doing anything to help employees handle the stress?

inFUSION Group Sends Out Press Release Announcing its Redesigned Website!

May 6, 2009 – inFUSION Group LLC, a leading management consulting organization offering strategic services in the areas of human resources and marketing announced today, it has unveiled the redesign of its new website to better establish brand awareness, provide clarity of communication and foster business to business marketing. The website, http://www.in-fusiongroup.com incorporates a sleeker design with clean, aesthetic lines optimizing the overall visitor experience.

inFUSION Group’s new site features more in-depth information, as well as links to inFUSION Group’s LinkedIn & Twitter profiles. Enhancements have also been made to the sites general website directory and visitors will find and can follow a newly created blog.

“The website redesign allows inFUSION Group to more effectively market its expertise and services,” stated, Ellen R. Charlebois, Partner. "These enhancements will allow us to interact with our customers by going beyond the traditional marketing approaches. Social networks and online communities give us a new method of providing true value by sharing ideas and experiences. We can better promote who we are and what we do.”

The launch of the new website comes after a successful first quarter, where inFUSION Group worked with companies throughout the Midwest. Charlebois, added, "Our target clients range from 25 to 500 employees and they are extremely focused on growing their businesses and streamlining their operations. We are excited about our expanding client list and look forward to continued success.”

Now What?

I found this article at, Media Post Daily News and was left scratching my head - Clear Channel isn't the first, and it won't be the last - but wouldn't you love to have been in the room when the Senior Team made these decisions?

Food For Thought!


Clear Channel Radio Axes Corporate Marketing

Erik Sass, Apr 28, 2009 05:16 PM

Struggling with falling advertising revenue and a huge debt from the deal to take it private last year, Clear Channel Communications is cutting costs across all its businesses. The latest round cuts Clear Channel Radio's entire corporate marketing department. The radio division also laid off a number of employees in other areas and stopped matching contributions to 401(k) funds Tuesday.

With the end of CCR's corporate marketing department, all staffers are leaving the company, including Senior Vice President of Marketing Sanda Coyle and her top executvies.
The company did not specify how many employees were affected by the cutback. Overall, at the beginning of this year, Clear Channel Communications employed about 800 people in its corporate operations, from a total 21,300 employees worldwide. The company laid off about 1,850 employees in January, bringing the total down to about 19,450, with 1,500 of the layoffs coming at the radio division.

The demise of the corporate marketing department was followed by a wider set of layoffs, including a number of local on-air personalities.

In addition, Brian Anthony, production director at WMKS in Greensboro, NC; morning host Mike O'Brian, co-host Linda Welby and producer Nikki French at KUSS in San Diego; veteran production director Russ Francis at WAEV in Savannah; afternoon host Mookie and production director Nathan Reed at WVKS in Toledo, OH; and over a dozen staffers at Clear Channel stations in St. Louis were laid off.

In some cases there was no information about replacement programming to fill the slots left by departing hosts. However, it was revealed in January that Clear Channel Radio is cutting costs by replacing some local shows with syndicated content. (Popular local shows will stay on the air.) Local morning shows have been replaced by Ryan Seacrest in a number of markets.

Finally, Clear Channel Radio said it is suspending matching contributions to employee 401(k) retirement funds for the remainder of 2009, beginning after the April 30 payroll. CC is the latest in a series of big media companies to suspend 401(k) or pension funds. There is a sliver of hope, however, as the company said it will make retroactive contributions if it meets 90% of its budget targets for the rest of the year.