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NEW OVERTIME REGULATIONS ISSUED

Posted on May 31, 2016 by Trinity HR

otBACKGROUND

In 2014, President Obama directed the Secretary of Labor to:

  • Update the overtime regulations to reflect the original intent of the Fair Labor Standards Act (FLSA)
  • Simplify and modernize the rules so they’re easier for workers and businesses to understand and apply

Simply stated, from the Act’s establishment in 1938, there has been a two-prong test for determining the status of employees as “non-exempt” (from overtime payment) or “exempt” (from overtime payment) to the overtime provisions of the Act.

1)     Duties test (nature of the position & how much time employees spend in the various duties and responsibilities)
2)     Amount of pay

In response to the President’s directive, the Department of Labor has now issued final regulations related to the criteria for determining the status of employees as “non-exempt” or “exempt” to the overtime provisions of the Act.

There’s no doubt that the “updating” & modernizing” of the FLSA will:

  • Benefit employees, especially entry level & lower paid professionals currently classified as “exempt”
  • Cost employers more in overtime pay
  • Lead to employers being fined for not being in compliance with the new rules

KEY PROVISIONS OF THE NEW REGULATIONS

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Key provisions of the new regulations, which becomes effective December 1, 2016, include:

1)     Doubling the salary threshold required for an employee to be classified as exempt from $23,660 to $47,476 per year

➡ IMPACT:  Millions of employees currently classified as “exempt” will now become eligible for overtime pay

2)     Automatically updating (translate as “increasing’) the salary threshold every three years

3)     Maintaining of the current duties test—as opposed to implementing the DOL’s proposed changes which would have adversely affected employers

EMPLOYER ACTION

1)     Review how the changes affect your organization

2)     Consider the options the regulations provide for maintaining the “exempt” status of affected employees

3)     Update your job descriptions, including an estimation of the percentage of time spent on each duty/responsibility

    ➡ Important to prove the position meets the duties test to be “exempt”

4)     Ensure you do a formal, written assessment to determine whether positions meet the “exempt” duties test—in addition to the salary test

HOW TRINITY CAN HELP?

Trinity can assist you with all aspects of ensuring your organization will be in compliance with these new rules.

You have HR challenges…Trinity has solutions!

Posted in HR Legal & Compliance

TEAMS PART 3: IS CONFLICT A FOUR-LETTER WORD?

Posted on May 31, 2016 by Trinity HR

teamIt is common for many organizations and individuals to try to avoid conflict.  In effect, it is treated as the culture equivalent of a four-letter word!

  • By doing so, they’re missing out on the kind of passionate debates that are essential to any team or organization to function at its optimal level.

Patrick Lencioni is considered to be one of the foremost experts on organizations and teams.  In his book entitled “The Five Dysfunctions of a Team”, he identifies FEAR OF CONFLICT as one of those dysfunctions.  His full list is below:

  1. Inattention to RESULTS – ego and desire for personal status become major motivators
  2. Avoidance of ACCOUNTABILITY – team members lower their standards
  3. Lack of COMMITMENT – ambiguity on goals and team targets
  4. FEAR OF CONFLICT – artificial harmony is dominant
  5. Absence of TRUST – team members work to create an image of invulnerability

Likewise, the results of a survey identify not dealing with conflict as one of the five main reasons that organizations fail to perform effectively.  The reasons are:

  1. Signing too many all-stars
  2. Failing to build a culture of trust
  3. Letting conflicts fester
  4. Hiding from the real issues
  5. Tolerating competing agendas

When team members build a foundation of vulnerability-based trust, conflict simply becomes an attempt to find the best possible solution, answer or direction.  Productive conflict has the potential to produce the best possible solution in the shortest period of time

A team that engages in conflict:

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  • Minimizes politics
  • Puts critical topics on the table for discussion
  • Seeks the ideas of all members

EMPLOYER ACTION

  • Examine the extent to which conflict is viewed as negative or positive
  • Evaluate how well your organization effectively deals with conflict
  • Explore how to improve its capability to create productive conflict

HOW TRINITY CAN HELP?

Trinity can:

  • Use its conflict assessment tool to provide insights how your key leaders deal with conflict
  • Provide ways to improve how individuals & the organization as a whole address conflict

For more information, e mail Trinity at info@TrinityHR.net or visit our website at www.TrinityHR.net. 

  •  You have opportunities…Trinity has paths forward!

Posted in Teams & Teambuilding

TEAMS – PART 2: STAGES OF TEAM DEVELOPMENT

Posted on May 9, 2016 by Trinity HR

teamB W  Tuckman, as a professor at Ohio State University, conducted research about group dynamics.  This research led to the publishing of his Teamwork Theory , which identified a 4-stage process in team development.  This theory has become the most widely accepted model for the processes that a group goes through in order to become  a highly effective team.

It is sometimes assumed that the development of teams occurs in a straight line heading in an upward progression.  This assumption is depicted below.

team2

It would be much easier if in fact that is how team development takes place.  However, the reality is that the development of teams typically follows the pattern shown below.  This pattern reflects that following a team’s forming there is a decline in its working together, with the amount of time it remains in the storming stage varying greatly.

team3

1. Forming

  • The group gets together for the first time
  • Discusses its purpose, goals, objectives, challenges & opportunities
  • Determine roles & responsibilities
  • Develop formal rules of working (“norms”)

2. Storming

  • Members grow in confidence and an amount of in-fighting & conflict is likely to occur
  • Begin open communication & collaboration
  • Establish how it will deal with conflict so as to arrive at resolution
  • Reinforce norms
  • Provide whatever clarification is needed

3. Norming

  • Buy into norms, & their roles & responsibilities
  • Develop trust of one another & leaders
  • Show positive signs of cooperation & collaboration

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  • Become willing to openly discuss issues, concerns
  • Feel able to give & receive constructive criticism
  • Display sense of team spirit

4. Performing

  • Understand each other’s strengths & weaknesses
  • Able to prevent, minimize or at least work through conflict effectively
  • Communicate freely
  • Coordinate & collaborative successfully
  • Support one another
  • Hold one another accountable for fulfilling individual commitments toward the overall goals & objectives
  • Achieve desired results or even a higher level of performance

EMPLOYER ACTION

  1. Assess where your team(s) are in this 4-stage development process
  2. If they are stuck in one stage or have not progressed to being a performing team, identify why
  3. Take the necessary action for them to reach performing status

HOW TRINITY CAN HELP?

If your organization has a teambuilding/team development need, Trinity has tools & the capability to assist you.

You have HR questions…Trinity has answers

Posted in Teams & Teambuilding

Teams – Part 1

Posted on April 25, 2016 by Trinity HR

teamWhy is building teams so important?  Look what teams in a business environment are & can do:

They:

  • Are the collection of the organization’s knowledge, experiences & talents
  • Can challenge each other’s thinking
  • Can generate a wider range of ideas and innovation than individuals
  • Are natural problem solving devices
  • Are often more willing to take risks than individuals
  • Provide a source of motivation

ELEMENTS OF SUCCESSFUL TEAMS

To have a successful team, certain elements must be present. Team Goals – Team goals must be clearly specified. This provides the focus around which team activities are organized. For example, the goals of a team maybe designed to investigate the market potential of a new product. If team goals are not specified and agreed upon by all team members, the team will tend to wander without direction.

  • Commitment – All team members must be committed to achieving the goals of the team.
    Defined Roles – To successfully carry out the activities of the team, the role of each team member must be defined. Without clearly defined roles, members will become frustrated because they won’t know what activities they are responsible for.
  • Trust – Successful teams are made up of members who trust each other. Lack of trust among team members will shift the member’s focus away from team goals to protecting their individual positions.
    Mutual Respect – For trust to exist among team members, they must have respect for each other. This includes respect for the views and activities of other team members.

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  • Communications – Without communications, little teamwork will occur. Good communications among team members is vitally important to successfully implement the elements discussion above.
  • Shared Rewards – Team members must be involved in identifying team goals and sharing the rewards of the team. If members do not share in team rewards, they have reduced incentive to contribute at their maximum level of capability.

EMPLOYER ACTION

  1. Determine which of the elements are present in your teams.
  2. Rate the degree to which they imbedded within your organization.
    ➡ The greater extent to which they are embedded, the greater the likelihood    of successful teams.

HOW TRINITY CAN HELP?

If your organization has a teambuilding/teamwork need, Trinity has various ways it can help you.

You have HR challenges…Trinity has HR solutions!

Posted in Teams & Teambuilding

KEYS TO EFFECTIVE LEADERSHIP

Posted on April 4, 2016 by Trinity HR

leadership2So much has been written about leadership that your first inclination may be to think I don’t need to read anything else about it.  Despite that I urge you to invest about 60 seconds to read Trinity Human Resources Consulting’s identification of the KEYS TO EFFECTIVE LEADERSHIP.

1.   BUILD TRUST & CREDIBILITY

  • Without it, you can seek to lead, but people do not follow someone who has not earned their trust & proven her/his credibility.
  • Sharing your vision of the future before you have established trust & credibility is equivalent to a baseball hitter swinging his bat before the pitcher throws the ball
    arrow-bulletIt leads to a lack of success & frustration as to why others are not following  you!

2.   SHARE YOUR VISION WITH ABSOLUTE CLARITY

  • If you have not earned people’s trust, they will not catch the vision.
  • Unless people “catch” the vision, they can’t “run” with it.
    arrow-bulletRunning with a vision by yourself without others running with you is a long, lonely & losing race!
  • The test of clarity is can everyone in your organization say what the vision is—maybe not exactly as written by the organization, but at least in their own words.

3.   HONE YOUR COMMUNICATION SKILLS

  • Convey a willingness to share information
  • Effective leaders listen as much as or more than they speak
    arrow-bulletListening conveys to individuals that you value their opinions & thoughts
  • We cannot learn anything when we talk because we can only say what we know…but we can learn a lot when we listen.

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4.   INVEST IN THE DEVELOPMENT OF OTHERS

  • Even the best leaders need a great team around them.
    arrow-bullet Michael Jordan is considered by many to be the best basketball player of all time, yet he did not win an NBA championship until the Chicago Bulls put other talented players around him!
  • Wise leaders know that employees want to grow and develop, and providing opportunities to them to do so is best viewed as a smart investment—not simply as another expense.

5.   REGULARLY PROVIDE MOVITATION & INSPIRATION

  • Every journey experiences some slowdowns & setbacks.
  • That’s when a leader needs to provide the motivation & inspiration for the team to keep moving forward toward achieving the vision.
  • Celebrate victories & help the team to learn from instances when victory is not achieved.

HOW TRINITY CAN HELP?

If your organization has an interest in developing its level of leadership , Trinity can help you.

For more information, e mail Trinity at info@TrinityHR.net or visit our website at www.TrinityHR.net.

  • YOU HAVE OPPORTUNITIES…TRINITY HAS PATHS FORWARD!

Posted in Strategy, Management & Leadership

CREATING “SKIN IN THE GAME”

Posted on March 21, 2016 by Trinity HR

skinWe often hear companies talk about how they want their executives & managers have “skin in the game” or more of it.  The term has come to mean to have a personal stake or vested interest in the outcome.

  • The phrase was originally coined by Warren Buffet, the “Oracle of Omaha”, to referring to a situation in which high-ranking insiders use their own money to buy stock in the company they are running

The reason for desiring this is the recognition by CEO and business owners that individuals who have “skin in the game” will:

  • Be more motivated to maximize their own performance as well as that of those they oversee
  • Act and make decisions more like actual owners

The most common ways be which companies create “skin in the game” include:

  • Annual incentive compensation plans
  • Long-term incentive compensation plans
    • Typically, either as an equity/stock plan or a financial metrics plan

For privately-owned companies, the idea of giving away in a small percentage of ownership is not a consideration.  That’s where a “shadow stock plan” can come into the picture.

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arrow-bullet A “shadow stock plan” is a form of long-term incentive plan used by to create
financial “skin in the game” without creating any stock dilution.

arrow-bulletIn effect, it is a type of deferred bonus—the value of which is ultimately determined
by the company.

There is no formal or statutory definition of the term “shadow stock plan”, and therefore the term is used by some companies in a broad context and by other companies in the narrow sense of the term.  A “shadow stock plan” may also be known by such terms as a “simulated stock plan” or a “phantom stock plan”.

In its broad use, the term is used to denote any type of plan in which employees must wait until a future date to receive the financial value of a promise given today. When used more narrowly, it indicates a plan that is intended to mirror restricted stock awards or stock option grants.

  • In this latter  usage, the company creates “shadow shares” that may resemble actual stock shares, but are actually a commitment to pay the employees cash upon fulfillment of certain conditions.

When it comes to a “shadow stock plan”, an organization’s legal structure is of little or no significance.  That’s due to the fact that it can be adopted by an S Corporation, a C Corporation, a Limited Liability Company (LLC) and even a Partnership

For more information about a “shadow stock plan” or incentive compensation in general, e mail Trinity at info@TrinityHR.net or visit our website at www.TrinityHR.net.

You have questions…Trinity has answers!

Posted in Compensation & Performance Management, Talent Acquisition, Executive Search, Employment & Employee Retention

What Really Matters in Recruiting & Retention?

Posted on March 7, 2016 by Trinity HR

recruitment-retentionA recent survey looked at what are the factors important to:

  • Candidates in making employment decisions
  • Employees in deciding to stay or leave

The survey results show that the factors that matter most are very different related to recruiting in comparison to retention.

RECRUITING FACTORS:

Nearly 3 in 5 (57%) people report benefits being among their top considerations before accepting a job.

arrow-bullet4 in 5 people actually said they would prefer new or improved benefits over a pay raise!

In looking at benefits that matter most to people, the top 3, not surprisingly, are in order of importance:

1)     Healthcare insurance
2)     Paid time off (including sick time)
3)     Retirement plan (pension and/or 401(k) plan)

RETENTION FACTORS:

However, when it comes to what keeps employees satisfied and therefore choosing to stay, it’s a different story.  The most important retention factors are:

1)     Culture and values
2)     Career opportunities
3)     Leadership

EMPLOYER ACTION
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Ask yourself these questions:

RECRUITING:

1)     Do I know whether our benefits package is better, same or worse than comparable companies?
2)     When is the last time we did a comparison?
3)     Is it time to do an updated comparison?

RETENTION:

1)     Do I know how employees feel about our company when it comes to the key retention factors?
2)     How do I know with certainty?
3)     Is it time to find out with certainty?

HOW TRINITY CAN HELP?

Trinity’s Team has the experience and expertise to assist in improving the work experience of your employees—and, in turn, improve your organization’s:

  • Relationship with its most important asset—your employees
  • Ability to recruit and retain talent individuals
  • Overall performance of your organization

For more information, e-mail Trinity at info@TrinityHR.net or visit our website at www.TrinityHR.net.

You have HR challenges…Trinity has solutions!

Posted in Talent Acquisition, Executive Search, Employment & Employee Retention

WHAT ARE THE PREDICTORS OF HIRING SUCCESS?”

Posted on February 22, 2016 by Trinity HR

hire-right-peopleResearch shows that only 19% of newly hired employees are considered to be unequivocal successes. This is an alarming low rate of success for a process that is essential to an organization’s success!

Why does the hiring and selection process have such a poor success rate?  Some reasons are:

arrow-bulletOverreliance on what the candidate’s resume states about experience and  accomplishments

  • Never forget that a resume is a candidate’s self-created advertisement about themselves as the following statistics demonstrate:

check-markEmbellished skill set – 57%

check-markOverstated responsibilities – 55%

check-markIncorrect dates of employment to cover up gaps – 42%

check-markElevated job title – 34%

check-markOverstated education – 33%

arrow-bulletInterviewing & evaluating candidates is not a core competency of hiring managers, and therefore they do not know how to effectively:

  • Pose questions that produce revealing answers & important insights
  • Ask probing follow-up questions to drill down past an initial answer
  • Conduct behavioral interviews

arrow-bulletSoft skills,   such as professionalism     and interpersonal skills, are  often not evaluated or not properly evaluated

The old adage that “past performance is the best predictor of future success” remains as true today as it has in the past.  The key elements of past performance that need to be carefully & comprehensively evaluated include:

  • Leadership skills

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  • Interpersonal skills
  • Behavioral style
  • Collaboration and teamwork
  • Cognitive ability

Without the help of external resources, selections are far too often made with any type of assessment of these keybad-hire predictors of success (along with cultural compatibility) being conducted.

arrow-bulletAs a result, you may as well give the new hire the following name tag:

 

HOW TRINITY CAN HELP?

Trinity’s services include:

  • Conducting searches from the professional level through executive level positions
  • Providing a wide array of assessment tools to improve your selection decision making

 For more information, e mail Trinity at info@TrinityHR.net or visit our website at www.TrinityHR.net.

  • You have HR challenges…Trinity has solutions!

 

Posted in Talent Acquisition, Executive Search, Employment & Employee Retention

FISHING FOR THE RIGHT TALENT

Posted on February 8, 2016 by Trinity HR

fishing-talentSimply stated, the quality of your organization’s products or services starts & continues with quality people.

  • Quality is all about the people who are performing the work and providing the services!

Yet so many organizations are depending upon one of the following means by which they find the talented individuals needed for their company:

  • Putting your fishing pole in water where only fish who are looking to be caught exist
    arrow-bulletIdentifying candidates who are actively looking for a new job, but not those individuals who are not in the job market, but are open to the right opportunity
  • Baiting your line with the wrong bait for the type of fish you want, & hoping that the right fish will jump into your boat
    arrow-bulletNot knowing how to attract the right fish

    arrow-bulletNot knowing how to conduct in depth interviews & assessments that will help you to decide which fish are the right ones & which to throw back into the water
  • Thinking some other fisherman will share his catch with you
    arrow-bulletRelying on candidate referrals from business associates, friends & others

So often organizations think doing talent searches on their own has no cost.  However, if one stops to count the cost, the costs are in the form of:

  • Loss of focus
    arrow-bulletThere is commonly a loss of attention to other important matters due to the time spent by an internal person doing the search.

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  • Internal searches lacking the expertise to know where to & how to fish for the exact fish you want
    arrow-bulletSearch firms are expert fishermen, who will bring you 1st quality fish
  • Less probability of success
    arrow-bulletThe success rate of a hire from a search firm is higher, which reduces the likelihood & amount of emotional energy expended, momentum lost & lack of progress made due to a bad hiring decision.
    arrow-bulletPlus the financial expense typically associated with exiting a bad hire.

EMPLOYER ACTION

Perhaps it’s time for you to re-evaluate your current “fishing model” & let the professional fishermen fish on your behalf.

HOW TRINITY CAN HELP?

If your organization has a talent acquisition need, Trinity can conduct an effective, highly professional search on your behalf & at a very competitive fee.

Posted in Talent Acquisition, Executive Search, Employment & Employee Retention

REVIEW YOUR INCLEMENT WEATHER POLICY

Posted on January 25, 2016 by Trinity HR

snowWith the tri-state area having experienced its first major snowstorm of the winter, this is a good time to make sure your organization has a formal policy in place related to facility closure.  Your policy should address how:

  • Employees can find out if there is a facility closure or a late opening
  • The day will be treated for employee pay purposes

In reviewing your existing policy or developing it for the first time, there are two aspects you should carefully take into account:

  • The Fair Labor Standards Act — ensure you what the Act and related Wage & Hour interpretations enable you to do and what you cannot do
  • Employee Relations —  to what extent will your employees perceive your policy as fair and reasonable

Fair Labor Standards Act

Briefly stated, the Act provides that if the company closes for weather-related reasons the following applies:

  • Exempt (commonly referred to as “salaried”) employees are required to be paid—without being charged against paid time off (PTO).
    arrow-bulletNothing prohibits you from reminding exempt employees of the expectation that they are expected to      work whatever hours are necessary to “get the job done”.
  • Non-exempt (commonly referred to as “hourly”) employees are not required to be paid.

So you have three basic options for non-exempt employees:

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  1. Mandate that the day be charged against Paid Time Off (PTO)
  2. Allow them the choice of using accrued PTO to cover the day or taking the day as unpaid
  3. Go beyond the Act & pay them without charging the time to PTO

EMPLOYEE RELATIONS

This is trickier than FLSA compliance—unless your policy calls for option 3 above.  That’s because the other two options result in your differentiating between your non-exempt and exempt employees.

  • ·Most employers do in fact have different treatment of these two groups in some aspects of employment—some favorable for one group and some favorable for the other group. For example:
    arrow-bulletNon-exempt employees being paid time and ½ for hours in excess of 40 in a week whereas exempt    employees typically receive no additional compensation
    arrow-bulletExempt employees receiving favorable treatment in terms of hours flexibility or some benefit, such as in PTO or life insurance.
  • Nonetheless, differing treatment of pay for the two groups for a facility closure can create an employee relations issue for you to address.

If your organization needs help with this policy (or other policies) or employee relations matters, Trinity’s Team of Consultants can help you.

Posted in HR Management