SHRM's HR Week - 1/30/12

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Jan. 30, 2012

HR NEWS

Union Membership Inches Up
Union membership rose during 2011 by 49,000 workers, up to 14.8 million people. At the same time, the percentage of workers who were members of a union dropped slightly, according to the U.S. Bureau of Labor Statistics.

SHRM Survey: Fewer Employers Offer Financial Education
Although most human resource professionals say personal financial problems can affect employees' job performance, the number of employers offering financial education programs to their staffs has decreased since 2009, according to a new survey by SHRM.
Read the full survey

Health Accounts Continue to Grow
As account-based health plans in the U.S. continue to grow, men -- who tend to make fewer visits to their doctors than women -- had higher account balances to roll over. Education also had a big impact on account size.

High Cost of Long-Term Care Revealed
The consistently high costs for home health care, assisted living and nursing home care across the U.S. underscore the need to address long-term care as part of financial security planning, a new study contends.

Retaliation Charges Increase in '11
In a year when race and sex discrimination charges declined, retaliation charges filed with the U.S. Equal Employment Opportunity Commission (EEOC) continued to rise in 2011.

Pharmaceutical Giant Settles Wage and Hour Class Action
Rather than wait for the U.S. Supreme Court's upcoming decision over whether pharmaceutical sales representatives fit within the outside sales exemption of the Fair Labor Standards Act (FLSA), Novartis Pharmaceuticals Corp. and plaintiffs' counsel in a separate case announced that they had settled nationwide wage and hour claims on behalf of 7,000 Novartis pharmaceutical sales representatives. The settlement includes an award of $99 million for eligible class members and 30 percent of the $99 million award in attorneys' fees.

Obama Will Emphasize HR Issues
In his State of the Union address, President Barack Obama outlined a legislative agenda and re-election campaign that focus on several key HR-related issues. Obama said the U.S. can develop "an economy that is built to last" by offering equal opportunities and the promise of success to all U.S. citizens.

NEWS ABOUT SHRM
SHRM Legislative Conference to Highlight Workplace Issues
During the Society for Human Resource Management (SHRM) Employment Law & Legislative Conference, political pollsters Peter Hart and Neil Newhouse will share their findings on what Americans -- including lawmakers -- think about political and regulatory issues that will impact the American workplace during 2012. Hart and Newhouse are among the speakers for the conference that is set for March 4-7, 2012, in Washington, D.C.

MORE HR NEWS RESOURCES
HR News home page
HR News article archive
Test your knowledge with the HR News Weekly Quiz
News about SHRM

COURT REPORT
Pre-Eligible FMLA Request for Post-Eligible Maternity Leave Is Protected Activity
The 11th U.S. Circuit Court of Appeals held that a pre-eligible request for post-eligible maternity leave under the Family and Medical Leave Act (FMLA) is protected activity because the FMLA aims to support both employees in the process of exercising their rights and employers in planning for the absence of employees on leave.
Read this article
More Court Report articles

HR SOLUTIONS
Working on Commission
Q: What are the components of a commission-only sales plan? Can we pay employees commissions only?
A: The Fair Labor Standards Act (FLSA) contains an exemption from minimum wage and overtime pay requirements to employees employed in outside sales. Sales made from the employer's location (inside sales) do not qualify for the exemption. Similarly, sales by mail, telephone or Internet do not qualify unless they are in connection with sales made by personal contact.
Read the full answer

Get Your Questions Answered
SHRM’s HR Knowledge Center is staffed with experienced, certified HR professionals who can respond to your HR-related questions. The HR Knowledge Center is available Monday through Friday, from 8:30 a.m. to 8 p.m. ET.
Contact the HR Knowledge Center

SHRMSTORE
Business-Focused HR: 11 Processes to Drive Results
The stakes remain the same for organizations and HR leaders, whether we are in a booming or lagging economy -- HR professionals must show the value of what they do and build a compelling business case to get other, potentially skeptical, leaders to buy in. Business-Focused HR provides the tools for HR leaders and people managers across the organization to become more business-focused with the processes that they execute. Senior HR leaders can make the business case to top management, while front-line practitioners can demonstrate the value of what they do to managers on the "shop-room floor."
More about this book
SHRMStore home page
Author webcast: Business-Focused Hiring: A Practical Approach to Assessments, Jan. 31, 2 p.m. ET

VIRGINIA LEGAL UPDATE
Virginia Court: No Death Benefits for Wife of Employee Who Died of Heart Attack
The wife of an employee who died of a heart attack at work was not entitled to death benefits for her husband's demise, the Virginia Court of Appeals has decided, because his heart attack was caused by preexisting heart disease, not by the job.
Read this article

Express Request: Virginia State Law Resources
SHRM's Information Center has compiled a variety of online employment law resources applicable to your state. In this member-only, FREE benefit you'll receive employment law resources from SHRM Online as well as other online sources; a spotlight on a recent workplace issue impacting your state; directories for locating employment lawyers and more. To receive these resources in one e-mail, select your state's name (or any other state for which you'd like to receive information), complete and submit this form.
Also available from SHRM Online: Virginia workplace law resources Workplace law resources for all states

HR MAGAZINE
Old Jobs, New Jobs: Here's the Difference
At the moment, human resource professionals work in an environment where there seems to be plenty of skilled workers and not enough jobs. This will not last for long.
Read this article
Subscribe to HR Magazine (for nonmembers; members receive HR Magazine as part of their SHRM membership)
HR Magazine home page

HR Magazine's 2012 Trendbook
Read summaries of the trends having an impact on HR offices and employees. HR Magazine's 2012 Trendbook discusses developments in compensation, benefits, technology, staffing management, relocation and education and training.
Read the Trendbook

HR DISCIPLINES: BENEFITS
Employers Enhance Their Retirement Plans in 2012
As the economy continues its tepid recovery, U.S. employers have become less confident about their employees' ability to successfully save for retirement, according to the results of a new survey. It finds employers are rethinking their retirement plan strategies to assist their employees in better preparing for retirement.
Read this article
Benefits discipline area

HR DISCIPLINES: COMPENSATION
Employers Willing to Pay to Relocate Employees
Many employers struggling to find workers for skilled positions said they are willing to pay to bring talent to their locations by awarding a signing bonus.
Read this article
Compensation discipline area

HR DISCIPLINES: OED
How's That Tuition Assistance Program Working for You?
U.S. organizations invest more than $16 billion per year in employee tuition assistance programs, but it's not clear in many cases whether participating employees or sponsoring companies are getting any return on that investment, according to recently released research.
Read this article
Organizational and Employee Development discipline area

HR DISCIPLINES: DIVERSITY
Increase Employees' Comfort with Disclosing Disability
Americans with disabilities are most likely to disclose their disability when they need an accommodation or have a supportive supervisor and are least likely to do so if they fear they will lose a job, or fail to gain one, by doing so. But lack of disclosure could have an impact in a number of ways.
Read this article
Diversity discipline area

SHRM WEBCASTS
Business-Focused Hiring: A Practical Approach to Assessments
Jan. 31, 2 p.m. ET
Speaker: Scott Mondore, Ph.D.
Webcast sponsor: pan
Hiring the right people is critical to creating an effective organization. To maximize employee performance, organizations need to ensure employees have the knowledge, skills, and attributes required to succeed. During this webcast, Dr. Scott Mondore will introduce practical and proven approaches to interviewing and assessments, which will create a valid hiring process to maximize outcomes such as performance and retention in your organization.
Register for this webcast

The Well-Connected Employee: Networking Competencies that Foster Business Results
Feb. 8, 2 p.m. ET
Speaker: Lynne Waymon
Providing structured and intentional guidance to employees at all levels of your organization on how to build effective internal and external networks can help them do their jobs more effectively. In this webcast, author and networking expert Lynne Waymon will showcase the role HR can play in teaching employees how to develop social acumen and impact the social capital of your organization. She'll talk about how networking can help them uncork bureaucratic bottlenecks, work cross-functionally, and collaborate more effectively with internal and external partners. Note: This program has not been approved for recertification credit.
Register for this webcast

Taming the HR Policy-Process-Knowledge Documentation Beast
Now available
Speaker: Gary Dickelman, EPSScentral
HR policies, processes and knowledge support are critical to compliance, organizational performance and worker competency. Yet these assets are scattered across networks, buried in document repositories and often out-of-date. In this program, Gary Dickelman will discuss how organizations can navigate this morass, closing compliance and performance gaps. Real-world examples will be included, along with a clear exposition of methodology and available enabling technologies.
View this webcast

SHRM PUBLIC POLICY WEBCAST
What Recent NLRB Moves Mean for All Employers
Now available
Speakers: G. Roger King, Esq., Jones Day; Brent Yessin, Yessin & Associates; and Michael Layman, SHRM
In the waning days of 2011, the National Labor Relations Board passed sweeping revisions to the rules governing union election procedures. The enactment of these regulations, as well as President Obama's recess appointment of three commissioners to serve on the NLRB, underscore the administration's intention to push forward with its labor agenda in 2012. This will have a significant impact on all employers, whether or not they have previously been targets of organizing efforts. In this webcast, leading employee relations attorneys G. Roger King and Brent Yessin will describe in detail the "quickie" or "ambush" union election rule, and detail your rights and obligations when a union representation vote takes place. The program will also discuss new rules governing micro-bargaining units and the pending poster mandate for employers.
More about this webcast

HR TOOLKITS
Managing Work/Life Fit: Dependent Care
Human resource professionals are key to the management of an employer's dependent care benefits. Implementation includes creating and communicating the policies and procedures, selecting reputable vendors, administering the FSAs, and managing vendors. HR is also likely responsible for monitoring the overall effectiveness of the program, measuring its results in terms of the program's objectives, and reporting periodically to senior management, including recommending modification of the policies and benefits.
Read this article

Managing Work/Life Fit: Elder Care
As the workforce matures, employees will increasingly become caregivers for their aging relatives. Yet the vast majority of employers have not yet adopted policies in response to employees' elder care challenges and do not provide work/life benefits specific to elder care.
Read this article
More HR Toolkits

MANAGING SMART
Growing Global Demand for Leaders
The economic shift toward emerging countries necessitates an urgent approach to developing local global leaders. But current leadership models aren't meeting this demand. Shift your thinking to help build a pipeline of new leaders locally.
Read and download this article

Republish Managing Smart Articles
Members of SHRM are authorized to distribute copies, excerpts or e-mails of Managing Smart articles for educational purposes internally within their organizations. Each article includes an MS Word version that can be downloaded.
Read this article

SHRM VIDEO
Team Player
Erik Weihenmayer, the first blind mountain climber to summit Mt. Everest, talks about how blind individuals must find ways to contribute to their teams.
View this video
More SHRM videos

WORKPLACE FLEXIBILITY
HR Needs to Create 'Age-Friendly' Workplaces
Even though many members of the Baby Boom generation (those born between 1946 and 1964) are approaching retirement age, they show no signs of slowing down, according to recent research.
Read this article
Workplace Flexibility resource page

LEGAL ISSUES
New Casino Places 'Term Limits' on Some Jobs
Atlantic City will have a new casino in the spring of 2012, the Revel Resort, which is being heralded by some as a game changer. It's not just getting attention for its new stores and convention space, though. "Term limits" on certain positions that have high interaction with customers also have raised eyebrows.
Read this article
Legal Issues area

HR CAREERS
Moving Up or Over, Without Moving Out
HR professionals who feel stymied, unappreciated or unfulfilled in their current positions may believe that the grass is greener elsewhere. But there are some very good reasons to "look inside first" when seeking career advancement.
Read this article
HR Jobs

ADVOCACY
SHRM A-Team: Ready for Prime Time
SHRM's Advocacy Team (A-Team) is entering the third year of its five-year program to enhance the visibility and credibility of the HR profession among public policymakers. The A-Team is starting the year 2012 with an ambitious agenda.
Read this article
Latest HR Issues Update

SHRM CONFERENCES
Talent Management Conference & Exposition
Start a Talent Management (R)evolution in Your Organization
April 30 - May 2, Washington, D.C.
Gain the strategies and tools you need by attending SHRM's 2012 Talent Management Conference & Exposition. Attend and learn how to recruit, retain and engage top talent in this economy.
Talent Management Conference & Exposition home page

SHRM SEMINARS
Training for Federal-Sector HR Professionals.
In collaboration with Management Concepts, SHRM is proud to provide exclusive and innovative federal HR training. These seminars combine the industry-leading human resource expertise and curriculum of SHRM with Management Concepts' highly effective instructor-led federal training.
Learn More

ASSURANCE OF LEARNING
Register for the SHRM Assurance of Learning Assessment
HR grads, differentiate yourself in the HR job marketplace with the SHRM Assurance of Learning. After passing the exam, you will receive a Certificate of Learning informing hiring managers that you have sufficient knowledge to enter the workforce.
Register today

EXPRESS REQUESTS
What's a Right to Work State?
"Right to work" refers to state laws that prohibit employees from being required to join a union or pay union dues or fees. If you have employees in a right to work state, they not only cannot be required to join the union as a condition of employment, but they also may terminate their membership at any time, cannot be required to pay dues and can still receive fair union representation for all matters subject to collective bargaining. To receive resources on this topic, visit SHRM's Express Request service and select key term RIGHT TO WORK in the Labor Relations section.

Employee Appreciation Day
Employee recognition is a powerful motivator. Every year, the first Friday in March is set aside as Employee Appreciation Day to let workers know how much they are appreciated. To receive resources on this topic, visit SHRM's Seasonal Express Request service and select key term EMPLOYEE APPRECIATION DAY in the Spring section.

FINAL THOUGHT
Talent Management -- or Lack Thereof -- Evident in Sports Playoffs
There's a prominent example of the importance of succession planning playing out on TV sets across the United States this weekend: the Super Bowl. This year's game shows the importance of addressing talent management needs -- and the perils associated with failing to do so.
Read this article
Express Request: To get resources on how the Super Bowl affects workplace productivity and policies, please visit SHRM's Seasonal Express Request service and select key term SUPER BOWL in the Winter section.

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The Society for Human Resource Management (SHRM) is the world's largest association devoted to human resource management. Representing more than 250,000 members in over 140 countries, the Society serves the needs of HR professionals and advances the interests of the HR profession. Founded in 1948, SHRM has more than 575 affiliated chapters within the United States and subsidiary offices in China and India. Visit SHRM Online at www.shrm.org.