If this newsletter does not appear to be displaying correctly please click here or paste the following link into your internet browser: http://www.retailmerchants.com/_newsletters/retail-employer-2007-02.htm

The Retail Employer

 February 2007

What Has the New Congress Got In Store for Employers?

by David E. Nagle

While the headlines have focused on the Congressional charge to increase the minimum wage, the new majorities in the House and Senate have much more on their agenda for the workplace. What is in the works?

Minimum wage increase: That the federal minimum wage will increase is certain; all that remains to be resolved is whether the package of tax code revisions accompanies it. As soon as the package is finalized and signed by the President, the federal minimum will rise from $5.15 to $5.85 within 60 days, then to $6.55 a year later, and to $7.25 two years later. But watch out! All of our neighbors already have higher state minimum wage laws: $5.85 in West Virginia, $6.15 in North Carolina and Maryland, and a whopping $7.00 in D.C.. The RMA’s George Peyton is keeping a close eye on a bill before the General Assembly which would increase Virginia’s minimum wage to $6.50 on July 1, 2007.

Genetic information discrimination: Committees in both the House and Senate have already approved of legislation that would prohibit employers and insurers from discriminating against applicants or employees on the basis of genetic information, such as that which would indicate a predisposition to certain medical conditions. President Bush has already said that he would sign such legislation.

Easy access for unions: Under current law, if a union manages to secure “authorization” cards from a majority of the workforce – regardless of the tactics used by the union or the circumstances in which the cards were obtained – the employees’ free choice is protected because the National Labor Relations Board will conduct a secret ballot election. The most egregiously misnamed bill this session is the Employee Free Choice Act which, if enacted, would abandon the election process and rely entirely upon the cards, and otherwise dramatically tilt the playing field in favor of unions. This is the primary legislative objective of organized labor this year – they put a lot of money into the 2006 elections and think it is payback time. This will be a major legislative battle, with a presidential veto likely.

Expansion of the FMLA: Bills have been introduced to make the Family and Medical Leave Act applicable to employers with as few as 25 employees, and to increase the number and variety of circumstances in which employees are entitled to take leave.

Amendment of existing employment discrimination laws: Bills have been introduced to make it easier for employees to prevail in cases under the Americans with Disabilities Act, and to remove the current caps on the amount that may be awarded for pain, suffering and punitive damages to individuals who win discrimination lawsuits.

David E. Nagle has been retained by the Association to assist members through the Employment Law Information Program. He has advised and represented employers with respect to legal issues in the workplace for 25 years. David is a partner in the Richmond office of Jackson Lewis, a law firm with 400 employment law attorneys in 27 cities across the country, all representing management. He may be reached at (804) 648-4077, or by email at nagled@jacksonlewis.com

Calls requesting information on the Labor Law Information Program should be directed to Preston Perrin with the Retail Merchants Association at 804-662-5500.

<< Back to top

The Secret to Establishing Trust in the Workplace—How to Be the One Employees Trust

A crucial part of building a solid reputation as a preferred place to work is trust. Anyone can see how trust is beneficial in the workplace. Employees who trust their bosses are more confident following their leadership. No one wants to work under leaders they are suspicious of, and workers won’t stay long in an environment that lacks trust.

But, trust isn’t something that is automatic. In the workplace, establishing trust can be complicated. Workers may have been burned by supervisors in the past or may simply never have experienced trust at work before. On top of that, secrecy, rumors and fear abound in many companies, threatening the development of trust. They spread like a virus through organizations, knocking down years’ worth of good relationships and attacking productive, engaged employees.

But there’s good news. Employers can utilize a secret weapon to establish trust with employees: communication. Communication is the antidote to a workplace without trust.

So how can you communicate with your workforce in a way that builds trust? Focusing on communicating with openness, honesty and integrity will unlock the door to a world where trust flows freely between workers and bosses. In turn, the goodwill this trust creates will ensure your employees are productive, active and proud to work for you.  

Be open.
Being open means communicating with employees consistently, no matter what. It also means that you listen when employees offer comments and feedback, instead of simply acting on your own impulses. Openness is especially important during times of change. Openly communicating change to your workers can save you from having to deal with nasty secrets that often divide the workplace.

Sadly, this tip is not always well received. Many organizations fear that openness leads to vulnerability that they believe will weaken the company. But what most don’t realize is that when the lines of communication between management and the workforce are down, defensive walls arise and get in the way of trust.

Be honest.
Openness is a good place to start, but it can’t stand alone. Simply telling employees that changes are coming isn’t enough. You must be honest about what these changes will be. Lack of honesty fuels the rumor mill because it forces employees to rely on hearsay and gossip.

For example, if you tell employees that budget cuts are coming but neglect to tell them details about issues like layoffs, employees will fear the worst. Speculation will run wild, causing drastic damage to your workforce. Communicating honestly can be challenging, but in the end, it pays off as your employees learn they can trust you to tell them the truth, whatever it is.

Have integrity.
Communicating is about more than the words you say. Your actions also communicate a great deal to your employees. That’s why acting with integrity is a crucial part of establishing trust through communication.

Simply stated, acting with integrity means that you treat people the way you want to be treated, no matter what. This means keeping promises, being consistent in how you treat your employees and acting ethically in your business decisions. For them to trust you, your people need to know you have their best interests at heart and not just the bottom line. Those who treat their workers with integrity will find that they are paving the groundwork of trust.

This article is reprinted with permission of www.ExpressPersonnel.com . Contact Mr. Lars Nordin at Lars.Nordin@ExpressPersonnel.com if you would like to be added to their distribution list.

<< Back to top

Sourcing New Employees

Here are some sources to consider next time you need to hire employees:

Help wanted sign in window; sometimes customers are a great source of employees. Do they know you are hiring?

Community colleges: Submit advertisement for display within their organizations.

Technical schools: Many schools promise placement opportunities and are worth a call.

Colleges / Universities:

  • Submit advertisement for display within their organizations.
  • Intern programs may be available.

Employee Referral Program: Your employees usually know the type of people you seek. Pay a cash award for a referred candidate who works 30 days. Communicate your hiring needs via:

  • Bulletin board notices
  • Staff meeting topics
  • Paycheck stuffers
  • Signage in employee areas

Recruit from competitors: Pirating qualified employees can be a double edge sword. This tactic can work against you as well.

Virginia Employment Commission: Submitting a written job outline can produce many good candidates.

Web Boards: Today’s candidates go to the web first – To name a few: Monster, Career Builders, Craiglist, Hot Jobs, Snag a Job, AARP job boards for seniors

Traditional newspaper classifieds

Radio / TV Employment Advertising

Placement Agencies: When you add up all the time and energy involved it can be much more cost effective to let the professionals do the sourcing, reference checks, skill testing and drug testing for you.

This article is reprinted with permission of Mike Dunleavey, mikedunleavey@iib.ws, Executive Associate - Business Support Center - Retail Merchants Association.

<< Back to top