Social Media ABCs for HR (Awareness, Boundaries and Considerations)

Yesterday, I moderated a webinar hosted by Perspectives Ltd called “Social Media ABCs (Awareness, Boundaries and Considerations) For HR” – and the information shared by our panelists was great. 

CLICK HERE TO ACCESS THE WEBINAR!
 
The idea was to help HR experts, managers and business leaders understand social media and its implications in the workplace.  After all, the marketing opportunities presented by social media are well publicized, but what about the employee relations factor? 

Panelists Marian Casey, Corporate Social Network Strategist and E-learning Consultant, Dianna Wiggins, Social Knowledge Manager, YMCA of the USA, and Sonya Rosenberg, Law Associate, Neal Gerber Eisenberg’s Labor & Employment Practice Group, answered several questions being posed by our customers today, including:

• What is social media (Facebook, Twitter, blogs, etc.) and how are people using it?
• Do organizations need to provide some guidance or ground rules (policies)?
• What are the legal implications of all this?

Some of my favorite take-aways included guidance and recommendations on:

• Benefits to organizations
• Organizational concerns
• A framework for creating a social networking strategy
• Relevant data from research firms like Gartner and Forrester Research
• Anecdotes from books and resources that really help illustrate how social media is changing our world – and work
• Legal advice, anecdotes and laws that HR pros really need to know about

We had so much great information that we ran out of time for questions and wanted to give people an opportunity to continue to ask them here.  We’ll continue to tap our panelists for their thoughts on your questions.

Also, I wanted to thank our panelists again for sharing their expertise.  I encourage anyone interested in these issues to watch the archived recording of the webinar. 

As a thank you to everyone that watches the FREE webinar or comments here, we’ll follow up by sending a copy of the presentation and bonus materials shared by Sonya – a sample policy guide and an article titled, “Employees Do Use Social Networking Sites at work: Dealing with the Reality.”

Enjoy!

Interested in learning more about social media and implications to your job or business? Contact Maureen Dorgan-Clemens at mclemens@perspectivesltd.com, 847.793.2435.

Tags: business leaders, employee relations, HR, human resources, managers, Marian Casey, Maureen Dorgan Clemens, Neal Gerber Eisenberg, Perspectives Ltd, social media, social media ABCs, social media policy guide, Sonya Resenberg, webinar, workplace

This month, Jon Vegosen briefs us on important developments regarding EEOC charges and shares information about a significant number of new laws.

Workplace Discrimination Charges Near Record Number

The United States Equal Employment Opportunity Commission (EEOC) announced earlier this month that, during the fiscal year ending September 30, 2009 it received more than 93,000 workplace discrimination charges nationwide and obtained relief for victims totaling more than $376 million. 

It is the second highest number of charges the EEOC has received.  (The enforcement and litigation statistics can be found on the EEOC’s website.)

According to an EEOC release, the “data show that private sector job bias charges (which include those filed against state and local governments) alleging discrimination based on disability, religion and/or national origin hit record highs.”  In addition, the number of charges claimed age-based discrimination reached the second-highest level ever.  The EEOC also reported that, continuing “a decade-long trend, the most frequently filed charges with the EEOC in FY 2009 were charges alleging discrimination based on race (36%), retaliation (36%), and sex-based discrimination (30%). Multiple types of discrimination may be alleged in a single charge filing.”

The EEOC suggested that the level of charges filed “may be due to multiple factors, including greater accessibility of the EEOC to the public, economic conditions, increased diversity and demographic shifts in the labor force, employees’ greater awareness of their rights under the law, and changes to the agency’s intake practices that cut down on the steps needed for an individual to file a charge.”

Hundreds of New Laws Take Effect in January

To bring cheer to the New Year, the Illinois legislature passed hundreds of new laws that took effect on January 1, 2010.  Funkhouser Vegosen Liebman & Dunn Ltd. (FVLD) has a tradition of publishing a January newsletter that contains a selection of new laws that may affect employers.  This year’s January newsletter discusses, among other things, E-Verify in Illinois, Order of Protection Status under the Illinois Human Rights Act, Restrictions on Cell Phone Use While Driving, and the Illinois Equal Pay Act.  For more information on these and other developments, visit the FVLD website.

Jon Vegosen is a founding member of Funkhouser Vegosen Liebman & Dunn Ltd. and has more than 33 years experience practicing law.  He is nationally recognized for his work in labor and employment relations and is sought after as an author and spokesperson on labor and employment issues.

Tags: EEOC, employment law, Funkhouser Vegosen Liebman & Dunn, FVLD, Illinois legislature, January 2010, Jon Vegosen, legal updates, workplace discrimination

Workplace violence can come from colleagues, customers, criminals and others.  Unfortunately, all of it takes a toll on organizations.   Whether it’s on the rise remains to be seen, but workplace violence is certainly getting a fair amount of media attention these days. 

Case in point, the Fort Hood shootings that took place in November last year gained media coverage yet again on Friday when the Pentagon released a report suggesting systematic failures within the military to prevent it.

Now, I recognize the value in understanding the failures, but I think it’s more important to ask: How can workplace violence be prevented?

That’s one of the questions that I, and several of my peers, will be answering on Wednesday, January 20th, 1-2 pm CST as part of a roundtable discussion on violence in the workplace. 

We’ll all be looking at the issue from different angles, but my bet is that all of us agree that there are steps businesses can – and should – take to protect themselves and their employees.  Naturally, I believe that employee assistance programs (EAP) are key to prevention.

One of the things that struck me about the Fort Hood situation was the following exert from an NPR report titled, “Walter Reed Officials Asked: Was Hasan Psychotic?”:

“… Walter Reed and most medical institutions have a cumbersome and lengthy process for expelling doctors, involving hearings and potential legal battles. As a result, sources say, key decision-makers decided it would be too difficult, if not unfeasible, to put Hasan on probation and possibly expel him from the program.”

Too difficult?  Failures to address concerns and manage the situation with Maj. Nidal Hasan are intolerable.  Sadly, this kind of thinking is all too common.  But, Hasan killed 13 and wounded dozens in the worst mass shooting on a military base in the U.S.  That makes “denial” unacceptable.

Now, I have read that Fort Hood has an EAP, which is an excellent risk management tool.  But you must promote your EAP and its many prevention benefits in order to reap the rewards. 

Perhaps we all need to do a better job educating supervisors and employees about the benefits of employee assistance and when you should make that call. 

And, that means making sure that your EAP is high-touch and highly visible.  This is not the place to be “penny wise and pound foolish”.  Besides, the cost of an EAP is usually less than ½% of the total cost of the health insurance premium.

So what are the benefits of an EAP?  First, it is a confidential service available to individual employees when they want personal help.  Second, EAP is available to employees that are concerned about a co-worker – and it sounds like there were a lot of them in this case.  Third, EAP is available to counsel HR and help manage at-risk employees when needed. 

It’s never “easy” to deal with employee relations issues, but EAP can help support you and provide guidance.

EAP can also help employees cope with a tragedy like Fort Hood after-the-fact by providing on-site group and individual counseling so that the employees and the organization can move forward; but it’s my hope that all organizations focus on prevention first.

Remember:  EAP is confidential and can help.  If you’re concerned about someone you work with, don’t be afraid to call.  That call could help save lives.

Tags: Bernie Dyme, EAP, employee assistance, Fort Hood, workplace violence

The earthquake that hit Haiti on Tuesday was devastating, not only for those that are there, but for the anguished friends, family and co-workers that have been unable to reach loved ones in the aftermath. 

Many thanks to our friends and partners at Workplace Options (WPO) for quickly putting together a list of resources that can help.   Please share this information with anyone you know that may need it:

• Concerned family and friends in the United States may have difficulty contacting their loved ones in Haiti as a result of telecommunication outages caused by the recent earthquake. To locate a U.S. citizen living or traveling in Haiti, contact the U.S. Department of State, Office of Overseas Citizens Services, at 1-888-407-4747 or 202-647-5225.
• The Family News Network of the International Committee of the Red Cross is an online registry where people in Haiti can declare themselves safe and provide their location. You may check this to see if your relative has registered but keep in mind that the lack of electricity in most of Haiti will make computer access extremely limited.
• The American Red Cross is among the many organizations providing assistance to the survivors of the earthquake. For more information or to make a donation contact the International Response Fund by phone at 1-800-REDCROSS (1-800-733-2767) or 1-800-257-7575 (Spanish) or online at American Red Cross International Response Fund.

Just a reminder:  Don’t forget that your employee assistance program (EAP) is available to help and support employees and their families affected by this devastating event.  And, if you’re a Perspectives Ltd customer, you can contact our Access Center for help or find updated resources and guidance on Perspectives Online.

Our thoughts go out to everyone impacted by this tragedy.

Tags: Bernie Dyme, EAP, earthquake, employee assistance, family resources, Haiti, Perspectives Ltd, Red Cross

If you live in Illinois, or a dozen other states around the country, you’re probably aware of state laws that make cell phone use while driving illegal.  In Illinois, a law that went into effect Jan. 1st specifically makes texting while driving, and talking without the use of a hands-free device in a school or construction zone, illegal.

Naturally, this has consumers thinking about their driving habits.  But employers, who provide cell phones, blackberries and maybe even vehicles to employees, should be concerned about all the multi-tasking that occurs on the road. 

That conference call your sales team jumps on in route to a client meeting can rack up hefty fees that have nothing to do with your corporate phone bill.  

Although employer liability is not defined in most states, there are an increasing number of lawsuits that are sad, tragic and costly for businesses. Examples highlighted on DrivingLaw.org include:

• A Virginia attorney returning from work who was talking on her cell phone with a client when she ran down a teenage girl and killed her. The family of the girl filed a $30 million lawsuit against the employer.
• In Arkansas, a jury found a lumber company liable after one of their employees struck another car, gravely injuring the passenger. At the time of the accident the employee driving the vehicle was using the cell phone for a sales call. The particular case ended up being settled for $16 million.

Most of the employer-related data on this issue is anecdotal rather that statistical, but if these stories aren’t enough to get your attention, consider these general facts:

• There were more than 1 trillion text messages sent and received on wireless devices in 2008, including cell phones and smart phones.  (Reuters / CTIA-Wireless Association)
• The Transportation Department reported that 5,870 people were killed and 515,000 were injured last year in crashes connected to driver distraction, often involving mobile devices or cell phones.
• President Barack Obama feels so strongly about the issue that he signed an executive order late last year banning all federal workers from texting while driving on government business, driving government vehicles or using government equipment. (Huffington Post)

If you provide services that require employees to drive, or you have a large part of your workforce regularly on the road or working while on the run, you should put a cellular phone policy in place – and your employee assistance program (EAP) can help counsel you on that. 

That’s right, your EAP.  EAPs provide you with resources that ensure you’re investing in your employees and keeping them and your business safe and viable.

Work productivity is important, but employees talking and texting while driving can end up being a huge safety and legal hang-up.

Tags: Bernie Dyme, cell phone, driving, EAP, Employee Assistance Program, texting, workplace

Well, here we go again.  Isn’t it time again for us to try and tighten our belts?  No, I don’t mean financially.  I mean literally TRY AND TIGHTEN OUR BELTS.

Right about now, we are starting to become aware of just how ful-FILLING the holidays have been.  And so we begin to feel bad, take a deep breath (or at least try to to get our pants to fit again) and make all those promises to get skinny.  And guess what?  We will probably get the same result.  A little success and resolve which will, within two weeks, melt away.

(No, not the weight — the resolve.)

So what are we to do?  How can this year be different than the past?  To begin, realize that we all do better when we are positive and work with others.  Yes, support means a lot!  Face it, we aren’t in this alone.  All of our friends, family members and fellow employees will be struggling with these same issues.

As employers we can take the lead in this and make a point of letting our employees know that we take health and wellness seriously.  The best way is to implement a complete WELLNESS program but not haphazardly.  Here are some key steps to take:

1. Take the long view and find a wellness vendor who will help you to analyze your organization’s needs and develop a program that fits you and not the other way around.  (Why buy something you don’t need just because it is the trend?)
2. Encourage your employees and their family members to take a Health Risk Assessment to determine the overall health of your employee (and family members) population.  This will also enable you to find those employees who are at risk for conditions that are dangerous or potentially dangerous.  There is nothing better than to catch something before it harms or kills someone or costs a lot more to handle.
3. Provide coaching for weight management, smoking cessation and overall fitness so that employees have constructive help in becoming and/or remaining healthy.
4. Incentivize employees to participate but make sure that the wellness vendor understands the Genetic Information Nondiscrimination Act (GINA).
5. Bring programs on-site that are proactive and fun.  Things like yoga, Pilates and fitness are great for that and also create high levels of morale.
6. Finally, make it fun!!

There are many things that can be done that cost little or nothing but signal to all employees that you are serious about their health and well-being.  Here are a few examples:

• make sure that the food in the vending machines is healthy
• organize walking teams
• have “biggest loser” contests
• provide discounts at local health clubs, YMCAs, or fitness centers
• provide motivational signs encouraging use of stairways instead of elevators
• offer “lunch & learns” focusing on fitness and health issues that offer healthy meals
• occasionally buy bulk fruit or healthy snacks

Whatever you do, remember that focusing on wellness has a tremendous payoff in terms of healthy and engaged employees and decreased health care costs.

Tags: Bernie Dyme, Fitness, GINA, Health, new years resolutions, Perspectives Ltd, Pilates, resolutions, Wellness, yoga

Well, its the end of another year and another decade so its this time of year when everyone waxes sentimental sharing some kind of “top 10″ list or holiday list.  Well, now its my turn but with a twist.  2010 will begin my 3rd decade in the working world, most of which has been in the counseling, EAP, OD and wellness fields.  And believe you me, a lot has changed since the early 80s. Here are some things that have changed.  For those of you younger folks, these references may require an internet search.

1. Tweeting was something a bird did when he said “I tawt I taw a puddy tat” .  Now we are supposed to “tweet” whenever something that we think is important strikes us.  A great idea when used to communicate relevant things but do we really care about every detail of someones personal life?



2. A Laptop was something that your kids or grandkids sat on in order to create balance in your life and get away from work.  Now its something that is our life.  And you better not sit on it unless its the Toughbook.  In that case, you can go beyond sitting on it and do all kinds of bad things to it.  watch this but don’t try it at home. 
3. A Network was something you watched on a TV (if it was a big one it was 27″) and there were only four of them when I was growing up (CBS, NBC, ABC and WGN).  Now a network is something you run a lot of computers on (how could that be, after all, in those days one computer took up one room).  It is also something that is “social” (like we weren’t social in the 70s and 80s).
4. Coaching was something you did with sports teams and usually with your kids (outside of work).  Now we can coach people to be better executives, managers, healthy beings and, yes even coaches for our kids’ sports teams.  Now there’s something we could really use.  After all, don’t our kids need to be world class athletes in TOTALLY ORGANIZED sports.  The only organization we knew about was “rock, paper, scissors”.  Check out this modern variation. 
5. Bears and Bulls still describe upward and downward market trends but when I grew up, those trends were the same for both the Bears and the Bulls; sports teams I mean.  Yes, we did have two good BEAR teams in 1985 and 2006 (but where have those lone two years gone?) and many good BULLS teams in the 90s but . . . oh well.  Let’s hope that Lovie and Vinnie can create those trends again.
6. Transplants were people, not body parts.  Don’t get me wrong, this is wonderful but we give alot of focus on preventing rejection of the body parts so why can’t we try and do the same for people.

Well, now you can see from no. 6 that I too, have become sentimental.  What can I say?  It just comes with the season.  So, where does this leave us?  Let’s all really start over on 1/1/2010 and work to be more accepting and generous as we help our fellow man. 

Our wish from Perspectives to all of you friends, colleagues, supporters and other interested parties is that you all have a happy, healthy and peaceful 2010 and new decade.

Tags: Bernie Dyme, counseling, EAP, OD, organizational development, Perspectives, Perspectives Ltd, social networking, tweet, tweeting, Wellness

As most benefits managers know, the Mental Health Parity and Addiction Equity Act of 2008 (commonly referred to as the Mental Health Parity Act) takes effect during annual insurance plan renewals that begin after Jan. 1, 2010.  As a result, businesses are struggling with some difficult questions.

Here are some of the questions that businesses are asking Perspectives Ltd, and our thoughts about how employee assistance programs (EAPs) can help manage insurance costs before they stack up:

WHAT IS THE MENTAL HEALTH PARITY ACT?

The Mental Health Parity Act is legislation that prohibits group health and self-insured plans covering more than 50 employees from imposing caps or limitations on mental health treatment or substance use benefits that are not also applied to medical and surgical benefits.

The act refers to all behavioral health which includes mental and nervous conditions and addictions (substance abuse).

WILL HEALTH CARE COSTS INCREASE NOW THAT MENTAL HEALTH IS COVERED?

Many employers are concerned that their health care costs will skyrocket now that these conditions are covered.  Despite these concerns, the vast majority of employers surveyed plan to continue to offer mental health and substance abuse (MH/SA) services in their benefit plans.

HOW CAN AN EAP HELP ME WITH MENTAL HEALTH PARITY?

Having a high-touch EAP in place will minimize your risk as an employer.  EAPs cost a fraction of a cent per employee (per year) compared to other benefits – quite literally pennies on the dollar – and can be leveraged to manage the use of mental health benefits in a healthy, responsible way.

Specifically, stand-alone EAPs that are not embedded in health insurance and offer in-person employee needs assessments can provide assistance to people before they access their mental health benefit.  This is done by:

1. Providing goal-focused problem resolution services through the EAP without the need to use the mental health benefit, thereby saving any cost of treatment;
2. Directing employees who do need mental health benefits to the right care.  Without an EAP, employees may pursue mental health treatments on their own, engaging the first mental health professional they find – not necessarily one specializing in the care they need because they haven’t been first assessed by a neutral EAP. Cases accessing the mental health benefit without a proper EAP assessment expend time and mental health benefit money on treatment not matched to a client’s need, and;
3. Using the EAP to provide benefits beyond mental health support such as childcare, eldercare, legal or financial assistance. EAPs work with the employer to resolve a wide range of workplace issues, like employee behavioral challenges, supervisor/manager relations, team issues and interpersonal conflicts; all of which can lead to employee stress and less engagement.

WILL THE MENTAL HEALTH PARITY ACT IMPACT EAPs?

Although the law has passed and will go into effect January 1st, the Departments of Labor, Health and Human Services and the Treasury have committed to publishing guidance on how to comply with the new law.  Unfortunately, we are still waiting for it, and how much of the guidance will address EAP issues is unknown. 

However, we do know that the Association of Behavioral Health & Wellness (ABH&W), which contributed to the development of the law, has advocated that EAP not be affected – because it sees EAP as a separate service from the healthcare benefit.  Therefore, stand-alone EAPs like Perspectives, which are not embedded in a health benefit plan, are expected to remain unaffected by the Mental Health Parity Act.

In essence, EAP can act as a gatekeeper that manages access to your mental health benefit.  EAP does this by assessing each individual’s needs and resolving them outside of the mental health benefit when appropriate. 

That can add up to significant savings for businesses.

Tags: Association of Behavioral Health & Wellness, EAP, employee assistance, mental health law, mental health parity, Terry Cahill

This month, Jon Vegosen briefs us on important legal developments concerning sexual harassment via text messaging and the Genetic Information Nondiscrimination Act.

“Textual Harassment”

The issue of whether employers may review employee text messages is a hot topic, especially in the context of sexual harassment litigation.  Indeed, sexually harassing text messages are now referred to as “textual harassment,” and there has been litigation about whether employers may access employees’ text messages. 

Some lower court decisions interpreting the Stored Communications Act have indicated that employers may not retrieve data (including text messages) from employees’ personal electronic accounts, even when employees access them through their employers’ equipment.  On December 14, 2009, the United States Supreme Court entered the picture.  It agreed to decide whether the Ontario, California Police Department violated the constitutional right of privacy of an employee by inspecting personal text messages that were sent and received on a government-owned pager. 

Although the Court may only decide the rights of a public employer to review an employee’s messages, legal observers are hoping the Supreme Court’s ruling will contain broader insights about the Court’s views about privacy and the Internet, including the right of private employers to review text messages. 

Stay tuned.

“GINA” Protects Employees’ Genetic Information

The Genetic Information Nondiscrimination Act (“GINA”), which took effect for health insurance plans in May, 2009, went into effect on November 21, 2009 for all employers with at least 15 employees. 

Among other things, GINA prohibits employers from discriminating against an individual because of his or her genetic information, or because of his or her refusal to disclose such information.  GINA also restricts employers from requesting, requiring or purchasing genetic information of employees or their family members. 

Interim final regulations released on October 7, 2009, will apply for plan years commencing on or after December 7, 2009.  For more information about GINA and its Illinois counterpart (“GIPA”), see our January 2009 newsletter.

Jon Vegosen is a founding member of Funkhouser Vegosen Liebman & Dunn Ltd. and has more than 33 years experience practicing law.  He is nationally recognized for his work in labor and employment relations and is sought after as an author and spokesperson on labor and employment issues.

Tags: employee genetic info, employment law, Funkhouser Vegosen Liebman & Dunn, FVLD, Genetic Information Nondiscrimination Act, GINA, Jon Vegosen, law, Legal, Sexual Harassment, textual harassment

Dan Feerst wrote a great blog post this week about the relationships between employee assistance programs (EAP), social media and a company’s stock value.  He rightly points out that EAP helps prevent issues that can escalate into PR nightmares or trigger shareholder jitters.  He also showcases a Bank of America example that will pull at your heart strings, incite your anger and, if you’re in HR, scare the heck out of you.

At the heart of Dan’s argument is a nearly 10-minute long YouTube video called Why Bank of America Fired Me by a former customer service representative from the collections department at BofA.  In the video, the employee clearly outlines her experience at BofA, policies that she believes were hurting customers and how she tried to help people.

Bottom line:  Reports say she told customers to lie and that’s why she was fired.  But, it’s hard not to see her side, or feel empathy for her when she says: “The [things I had to do at work]… They kept me up at night.”

Her video, viewed by more than 180,000 people so far, really demonizes BofA.  The media is already jumping on her story and my guess is that the average consumer will see her as a hero.  Regardless of whether it triggered BofA’s stock slide at the time, the story will not go unnoticed by investors.

So what could BofA have done differently?

In addition to BofA’s financial practices and its policies towards customers, I think it’s important to understand how EAP could have helped the organization prevent this entire situation.

Here’s what I’d say to any CEO that wants to avoid BofA’s current dilemma.

• Get a High-Touch EAP.  High-touch EAPs help businesses resolve issues before they escalate into mass turn-over, law suits or public slander.  You need an EAP that is HR’s employee relations partner; an EAP that can work with HR and management to address issues that, left untreated, will have a financial impact and potentially damage your brand.
• Promote EAP From the Top Down, Regularly.  Every supervisor, manager and employee needs to know how and when to contact the EAP, and that you – the executive leadership – want them to.  All it takes is one manager to “road-block” employee concerns before employees find another way to vent.  Before they do it all over the internet, you need to make it clear that you want them to call the EAP, a safe and confidential resource, for guidance.  The EAP will work with you to find a solution that doesn’t expose your business or the employee to further turmoil.
• Be Open to Systemic Change.  Because EAPs are confidential, they are able to track issues and trends that you would otherwise be unaware of.  But not every issue can be solved by counseling an employee or bringing in an organizational development consultant to address team dynamics.  If your EAP is seeing a trend around a specific issue, it may be systemic to your organization.  That means the organization needs to make changes.  Intelligence is only useful if you use it to make informed decisions.  Failing to make changes at that point may very well open you up to a landslide of legal, financial and brand image challenges.   

EAP can do a lot more than this for an organization and costs pennies-on-the-dollar compared to what you pay for other benefits, but I agree with Dan that good EAPs are “loss prevention mechanisms.” 

Basically, EAP can be a defensive weapon in a CEO’s S.O.S (Save Our Stock) armory.  Never leave home without it.

Tags: Bank of America, BofA, CEO, CEOs, Dan Feerst, EAP, Employee Assistance Programs, stock, YouTube