Strategic HR Lawyer

Most of the time we're worried about hackers getting into our computer system from the outside.  Here's an  interesting but scary story about a disgruntled  employee who wiped out ALL of her company's data files because she thought her boss was trying to replace her.  This spiteful act should make every HR manager and employment lawyer pause for a moment and think about data security.  Maybe it's time to review your practices?

Posted By Diane Pfadenhauer In Miscellaneous , Policies & Procedures | Permalink

Interesting article in the WSJ regarding survivors of childhood cancer who go on to have tremendous difficulty in the workplace - from obtaining jobs, to keeping them - all as a result of the ongoing effects of the disease that linger on later an life.  I remember reading the article and then saw this post:  Cancer Rots:  But Try Working With Cancer on Lisa Takeuchi Cullen's Work in Progress Blog.

My sister  will hopefully be returning to work in January after 7 months of horrific treatments and treatments that will continue long after she goes back to work.  So some of the lessons I've learned along the way... 

• Cancer is something that happens while you are trying to live your life.  The folks at the oncology center dutifully show up for treatments along with living their day to day lives.  Some come with family, some come alone, all have the weight of the world on their shoulders and in their eyes.  For the families, it is consuming, and something we think about every day.  Since I put my purple ribbon on months ago, it hasn't come off and I look at it every day.  Four years ago I left the corporate world.  That decision enabled me to spend almost a month with my sister this year.   As difficult as some of those visits were, I wouldn't give them up for the world.
  
• Everyone needs to hang out in an oncology center for an afternoon, particularly those in HR who exhibit an demonstrated lack of empathy when family members call about work-related issues for sick family members.  Every friggin' rule about privacy and all the other seemingly inhumane rules come flying at you like a ton of bricks.  Perhaps its because the HR person doesn't want to deal with the ugliness and uncertainty of all of it or doesn't know what to say -better leave it to voicemail.

Posted By Diane Pfadenhauer In Miscellaneous | Permalink

This blog, along with several other Long Island authored blogs was reatured in Newsday on June 10th.  Patricia Kitchen, a blogger and Newsday reporter who writes a weekly feature in Sunday Newsday on workplace issues, wrote an article on professionals who blog.  Fellow Lexblogger (that would be our blog hosting provider) and good buddy Troy Rosasco, author of the Disabled Worker Law Blog was also featured in the article.  For those of you who saw the article and sent me snide emails about the photo of me in my hammock with my lap top - thanks!  Sadly, now all of my students and clients probably think that I don't work!

Posted By Diane Pfadenhauer In Miscellaneous , Weblogs | Permalink

I found some interesting ongoing research called Project Implicit.  The site has several online tests which allow us to determine if we have a hidden bias in a number of areas - gender, age, race, to name a few.

According to the researchers:

It is well known that people don't always 'speak their minds', and it is suspected that people don't always 'know their minds'. Understanding such divergences is important to scientific psychology.

This web site presents a method that demonstrates the conscious-unconscious divergences much more convincingly than has been possible with previous methods. This new method is called the Implicit Association Test, or IAT for short.

These interesting tests can determine if we have a hidden bias of some sort.  For example, I took the test regarding age.  Fixed soundly in the midst of middle age (I'm 43 - I'm figuring that's about in the middle), I have, according to the test, a slight favoritism for older people, unlike a majority of the rest of the population which tends to favor younger individuals.

The research comes from a number of universities here in the United States.  Certainly, the implications of understanding hidden bias has great significance in the workplace.  If nothing else, it will make us reflect a bit.

Posted By Diane Pfadenhauer In Miscellaneous | Permalink

I'll be presenting as part of St. Joseph’s College Human Resources Forum.  The topic is an annual labor and employment law update.  The presentation will take place Friday, May 11, 2007 in the Shea Conference Room on the Patchogue Campus.  The cost of the program is $10 and includes a continental breakfast.  For further information, including registration, contact Jo Ann Petrone at jpetrone@sjcny.edu or call (631) 447-3259.

Posted By Diane Pfadenhauer In Employment Law , Miscellaneous | Permalink

No words can adequately describe the events which transpired the other day.  Our hearts go out to the victims, their families and the entire VT community.

Posted By Diane Pfadenhauer In Miscellaneous | Permalink

I am here at the SHRM Long Island Conference at the Crest Hollow Country Club in Woodbury.  There are almost 1000 registrants and almost 100 exhibitors.  This is typically one of the largest conferences outside of the national conference!

Posted By Diane Pfadenhauer In Miscellaneous | Permalink

Why is it that we tell our clients that every email can be recovered and found - somehow, by someone - but a computer technician managed to accidentally wipe out an enormous data file AND the backup disk? The file, related to a state fund which pays dividends to Alaskans from oil revenue was restored by 70 people who worked weekends and overtime for six weeks to re-enter the lost data. The error cost the state a whopping $220,000!  Ouch!  For more, read the CNN article on lost data here.

Moral of the story, watch that delete key!

Posted By Diane Pfadenhauer In Miscellaneous | Permalink

Several research studies demonstrate the benefits of napping in the middle of the day.  According to Newsday, in an article discussing this topic, those who take a nap several times a week have improved cognition and response time and a 37% lower risk of death from heart disease.

Sadly, however, in our go go go lifestyle, napping is seen as slothful, a waste of time or just plain lazy.  I do admit that while in the corporate world when I was important enough to have an office with a door, I snuck a nap or two in.  In one job I had a boss who would have no problem going into a conference room, and taking a snooze.  Everyone knew what he was doing and no one questioned it. 

Posted By Diane Pfadenhauer In Miscellaneous | Permalink

Recently Judith Vladeck passed away.  For those of you who don't know her, for decades she served on the plaintiff's side of the bar and was well known as one who would make a defense attorney shudder at the thought of her being on the other side.  After Title VII was enacted in 1964, she served in a long career advocating for the rights of those discriminated against in the workplace.  She is known as the one who established the legal precedent for "front pay," took on the world's largest and most powerful corporations and took on a major corporation in one of the first class action lawsuits under the Equal Pay Act. 

When one of the old guard passes, it's important to recognize how far employment litigation has come for good or for bad.  Ms. Vladeck was one of the original plaintiff's side attorneys who was in it because of her passion for advocating for the rights of those she believed were discriminated against.  In the early days, this was a time when there were no compensatory and punitive damages like there are today.  Sadly, unlike Ms. Vladeck some of the plaintiff's lawyers today joined the frey because of the availability of compenstory and punitive damages available after the passage of the Civil Rights Act of 1991, not because they are passionate about employee rights.

Posted By Diane Pfadenhauer In Miscellaneous | Permalink

The birthday of Martin Luther King Jr. has been observed as a federal holiday on the third Monday in January since 1986. To recall and celebrate the positive contributions to our nation made by people of African descent, American historian Carter G. Woodson established Black History Week beginning on Feb. 12, 1926. In 1976, as part of the nation's bicentennial, the week was expanded into Black History Month.

Initiated by the Atlanta-based The King Center, the Martin Luther King, Jr. Papers Project is one of only a few large-scale research ventures focusing on an African American. In 1985 the King Center's founder and president Coretta Scott King invited Stanford University historian Clayborne Carson to become the Project's director and senior editor. As a result of Dr. Carson's selection, the Project became a cooperative venture of Stanford University, the King Center, and the King Estate.

The King Papers Project is a major research effort to assemble and disseminate historical information concerning Martin Luther King, Jr. and the social movements in which he participated; It's principal mission is to publish a definitive fourteen volume edition of King's most significant correspondence, sermons, speeches, published writings, and unpublished manuscripts.

Posted By Diane Pfadenhauer In Miscellaneous | Permalink

Lake Superior State University has issued a list of banned words each year since 1976.  The 2007 list of banned words is comprised of words selected from nominations around the globe - words that are banished for "mis-use, over-use or uselessness."  I include them here for your enjoyment.  What does this have to do with HR or employment law?  Nothing, but in an odd way, it's important for us to know what the mainstream is up to as we spend our time trying to keep our heads above water.  And, as a frequent writer, I am always interested in the written word.

Happy reading:

GITMO -- The US military's shorthand for a base in Cuba drives a wedge wider than a split infinitive.
"When did the notorious Guantanamo Bay Naval Base change to 'Gitmo,' a word that conjures up an image of a fluffy and sweet character from a Japanese anime show?" -- Marcus W., St. Louis, Missouri.

COMBINED CELEBRITY NAMES -- Celebrity duos of yore -- BogCall (Bogart and Bacall), Lardy (Laurel and Hardy), and CheeChong (Cheech and Chong) -- just got lucky.
"It's bad enough that celebrities have to be the top news stories. Now we've given them obnoxious names such as 'Bragelina,' 'TomKat' and 'Bennifer.'" -- M. Foster, Port Huron, Michigan. "It's so annoying, idiotic and so lame and pathetic that it's 'lamethetic.'" -- Ed of Centreville, Virginia.

AWESOME -- Given a one-year moratorium in 1984, when the Unicorn Hunters banished it "during which it is to be rehabilitated until it means 'fear mingled with admiration or reverence; a feeling produced by something majestic." Many write to tell us there's no hope and it's time for "the full banishment." "The kind of tennis shoes you wear, no matter how cute, don't fit the majestic design of the word." -- Leila Hill, Damascus, Maryland. "That a mop, a deodorant or a dating service can be called 'awesome' demonstrates the limited vocabularies of the country's copywriters." -- Tom Brinkmoeller, Orlando, Florida. "Overused and meaningless.' My mother was hit by a car.' Awesome. 'I just got my college degree.' Awesome." -- Robert Bron, Pattaya, Chonburi, Thailand.

GONE/WENT MISSING -- "It makes 'missing' sound like a place you can visit, such as the Poconos. Is the person missing, or not? She went there but maybe she came back. 'Is missing' or 'was missing' would serve us better." -- Robin Dennis, Flower Mound, Texas.

PWN or PWNED -- Thr styff of lemgendz: Gamer defeats gamer, types in "I pwn you" rather than I OWN you.  "This word is just an overly used Internet typo. It has been overused to the point that people who play online games are using it in everyday speech." -- Tory Rowley, Corunna, Michigan.

NOW PLAYING IN THEATERS -- Heard in movie advertisements. Where can we see that, again? "How often do movies premiere in laundromats or other places besides theaters? I know that when I want to see a movie I think about going to a shoe store." -- Andrea May, Shreveport, Louisiana.

WE'RE PREGNANT -- Grounded for nine months. "Were men feeling left out of the whole morning sickness/huge belly/labor experience? You may both be expecting, but only one of you is pregnant." -- Sharla Hulsey, Sac City, Iowa. "I'm sure any woman who has given birth will tell you that 'WE' did not deliver the baby." -- Marlena Linne, Greenfield, Indiana.

UNDOCUMENTED ALIEN -- "If they haven't followed the law to get here, they are by definition 'illegal.' It's like saying a drug dealer is an 'undocumented pharmacist.'" -- John Varga, Westfield, New Jersey.

ARMED ROBBERY/DRUG DEAL GONE BAD -- From the news reports. What degree of "bad" don't we understand? Larry Lillehammer of Bonney Lake, Washington, asks, "After it stopped going well and good?"

TRUTHINESS – "This word, popularized by The Colbert Report and exalted by the American Dialectic Society's Word of the Year in 2005 has been used up. What used to ring true is getting all the truth wrung out of it." -- Joe Grimm, Detroit, Michigan.

ASK YOUR DOCTOR -- The chewable vitamin morphine of marketing.  "Ask your doctor if 'fill in the blank' is right for you! Heck, just take one and see if it makes you 'fill in the blank' or get deathly ill." -- R.C. Amundson, Oakville, Washington.  "I don't think my doctor would appreciate my calling him after seeing a TV ad." -- Peter B. Liveright, Lutherville, Maryland.

CHIPOTLE – "Prior to 2005 . . . a roasted jalapeno. Now we have a 'chipotle' burrito with 'chipotle' marinated meat, 'chipotle' peppers, sprinkled with a 'chipotle' seasoning and smothered in a 'chipotle' sauce. Time to give this word a rest." – Rob Zeiger, Bristol, Pennsylvania.

i-ANYTHING -- 'e-Anything' made the list in 2000. Geoff Steinhart of Sault Ste. Marie, Michigan, says tech companies everywhere have picked this apple to the core. "Turn on…tune in…and drop out."
"Banish any word that starts with it. i am just tired of it. it's getting old. -- Brad Butler, Adrian, Michigan.

SEARCH -- Quasi-anachronism. "Might as well banish it. The word has been replaced by 'google.'" -- Michael Raczko, Swanton, Ohio.

HEALTHY FOOD -- Point of view is everything.  Someone told Joy Wiltzius of Fort Collins, Colorado, that the tuna steak she had for lunch "sounded healthy." Her reply: "If my lunch were healthy, it would still be swimming somewhere. Grilled and nestled in salad greens, it's 'healthful.'"

BOASTS -- See classified advertisements for houses, says Morris Conklin of Lisboa, Portugal, as in "master bedroom boasts his-and-her fireplaces -- never 'bathroom apologizes for cracked linoleum,' or 'kitchen laments pathetic placement of electrical outlets.'"

Posted By Diane Pfadenhauer In Miscellaneous | Permalink

This hysterical video about why you want to be in HR is a hoot!   It comes from HR.com.

I Want to be in HR Video

Posted By Diane Pfadenhauer In Miscellaneous | Permalink

Two years ago today on a rainy day, I started this blog.  Once again, it's a dreadfully raining days in New York and suitable for a blogaversary celebration!

Posted By Diane Pfadenhauer In Miscellaneous | Permalink

Today marks the 124th anniversary of the obesrvance of Labor Day in the United States.  The Wall Street Journal provided a "report card" recently (registration required) discussing workers' reasons to celebrate and a few reasons to complain.  All in all it provdes an interesting overview of workplace statistics in the United States.  For example:

• The median household income rose 1.1% last year, after falling for five previous years in a row (accounting for inflation).
• The U.S. continues to lead most of the world injob creation - 4.8 million jobs created since December 2001.
• There are 46.6 million Americans who are uninsured or 15.9% of the population.
• By 2004 only 18% of private sector employers were offered traditional defined-benefit pensions, down from 24% in 1994. In addition, 40% of private sector worker have no on-the-job retirement plan.
• Union membership is down to about 12.5% of the U.S. workforce (although it's probablt about 25% here in NY).

On that note, it's finally a beautiful day here in NY and time to take the day off!

Posted By Diane Pfadenhauer In Miscellaneous | Permalink

Rutgers University recent issued a press release quoting a Rutgers prof who notes that:   

"...the fast and relentless pace of technology-enhanced work environments creates a source of stimulation that may become addictive. While addiction to work has been a widespread phenomenon for some time, ...employers may face legal liability for these addictions."

In addition:

"...if an employer manipulates an individual’s propensity toward workaholism or technology addiction for the employer’s benefit, the legal perspective shifts. When professional advancement (or even survival) seems to depend on 24/7 connectivity, it becomes increasingly difficult to distinguish between choice and manipulation.”

How nice, another reason to sue....

Posted By Diane Pfadenhauer In Employment Law , Miscellaneous , Trends | Permalink

I'll be presenting at the Maintaining an Effective HR Department in New York seminar sponsored by Lorman Education Services on Tuesday, August 22, 2006 in Melville.  Follow this link to the program and registration information.

Posted By Diane Pfadenhauer In Miscellaneous | Permalink

After returning from a busy trip to London to speak at the Trans-Atlantic Perspectives in ADR Conference, New York was a whopping 100+ degrees.  The warm weather and a busy trip resulted in my, well, slacking a bit on the blogging....  I have now been whooped back into shape as a result of my Mother anda few others admonishing me about my dearth of posts these last 2 weeks.  I can only imagine what my other loyal readers are saying, so have decided to end my summer break and get back into the saddle.

Posted By Diane Pfadenhauer In Miscellaneous | Permalink

400th blog post on this site, that is!  ;>

Posted By Diane Pfadenhauer In Miscellaneous , Weblogs | Permalink

The ongoing saga of the power outage in Queens affecting 100,000 people has been amazing to watch.  With the excessive heat throughout the country, the power went down in some sections of northern Queens last week.  Days have gone by, and the total number, initially estimated at 10,000 is now over 100,000.  Some folks even got their power back, restocked their refrigerators, only to find the power went out again.  Seems ConEd can't seem to figure out what went wrong, the City is sending in tens of thousands of bottles of water and meals and tempers are flaring.

So what does this have to do with the workplace, you ask?  This survey from the other side of the "Pond" (where the temperatures have also been soaring) shows just how detrimental excessive heat can be on productivity.  "More than three-quarters (78%) [of respondents] complained of working environments that stifled not only their creativity, but also their ability to get the job done."  In addition,  More than eight in 10 (81%) of workers find it difficult to concentrate at work if the office temperature is higher than the norm, with 62% of these admitting that under hot conditions a typical task may take up to 25% longer than usual to complete.

Posted By Diane Pfadenhauer In Miscellaneous | Permalink

The US Department of Homeland Security has made available several new posters focusing on protecting the workplace from cyber-threats and physical threats.  In addition they have made available a brochure on how to avoid such threats.

Posted By Diane Pfadenhauer In Miscellaneous | Permalink

Ross has an interesting post on his Arbitration Blog discussing a recent court order in Florida that requires the parties to resolve their dispute through the use of the rock, paper and scissors game.  And you thought that rock, paper and scissors was only useful for the playground in elementary school?  Here is part of the order:

"ORDERED that said Motion is DENIED. Instead, the Court will fashion a new form of alternative dispute resolution, to wit: at 4:00 P.M. on Friday, June 30, 2006, counsel shall convene at a neutral site agreeable to both parties. If counsel cannot agree on a neutral site, they shall meet on the front steps of the Sam M. Gibbons U.S. Courthouse, 801 North Florida Ave., Tampa, Florida 33602. Each lawyer shall be entitled to be accompanied by one paralegal who shall act as an attendant and witness. At that time and location, counsel shall engage in one (1) game of "rock, paper, scissors." The winner of this engagement shall be entitled to select the location for the 30(b)(6) deposition to be held somewhere in Hillsborough County during the period July 11-12, 2006."

Posted By Diane Pfadenhauer In Miscellaneous | Permalink

According to this article, we now know the answer to the age-old question of how much does job satisfaction "cost." In other words, if you were choosing between two jobs - one you like and one you like less which pays more - how much more would the second job have to pay? According to a few economists:
· Having a boss that you trust would increase the satisfaction in your life by about the same amount that a 36% raise would.
· Having a job with a lot of variety (I guess that assumes you would actually want variety) would be equivalent to a 21% pay raise.
· A job with a high level of skill is equal to a 19% pay raise.
· Having enough time to finish your work is equivalent to an 11% raise.

So, let's see... my math tells me that if I have a good boss, get to do a lot of things, use a lot of skills and can finish my work, it's like getting an 87% raise. Not bad!

Posted By Diane Pfadenhauer In Miscellaneous | Permalink

Fear not, the domain name and all my previous posts have moved as well.  If you are reading this post through your RSS feeds, it worked! Take at look at the new site! Posted By Diane Pfadenhauer In Miscellaneous 3 Comments | Permalink

At about the time we learned that the transit workers had rejected their proposed contract by a mere 7 votes, the news that Wall Street bonuses set a new record of $21.5 billion for 2005 appeared.  What a contrast.

Posted By Diane Pfadenhauer In Compensation & Benefits , Miscellaneous , Trends | Permalink

A friend from New Orleans sent me this picture.  I had seen this when I was there a few weeks ago with the Turnaround Management Association's TMAssist Initiative, but was unable to get a picture.  Look closely.

Posted By Diane Pfadenhauer In Miscellaneous , Staffing, Recruitment, Selection | Permalink

Today marks the observance of the Martin Luther King, Jr. holiday.  This day was designated as a federal holiday in 1986.  As mentioned in a previous post, approximately 1/3 of employers will observe the holiday this year by allowing their employees time off.  This link to information about Dr. King from the Nobel Prize website provides an interesting biography, his acceptance speech as well as other information.  Interestingly, at the age of thirty-five, Dr. King was the youngest man to have received the Nobel Peace Prize. When notified of his selection, he announced that he would turn over the prize money of $54,123 to the furtherance of the civil rights movement.

Posted By Diane Pfadenhauer In Miscellaneous | Permalink

Late last night on a cross-country flight from NY to Phoenix on JetBlue I was riveted to the screen in front of me describing the safe removal of the miners in West Virginia.  A few hours later, after checking into the hotel, I was shocked to learn that the true fate of 12 of the miners.

Sadly, this is a disastrous lesson in how NOT to manage communication in a crisis!  According to the news conference I watched at 3:00 a.m. the CEO attributed the miscommunication to wayward cell phone calls back to the church where the families were located.  Seems that the rumor spread like wildfire and there was no effort to put a stop to it until almost 3 hours had past (perhaps most likely after the company scripted and vetted every word...).

Seems to me (yes, I am Monday morning quarter backing), that someone should have been with the families with a direct link to whoever was in charge at the mine!   I can only imagine the shock of the family members.  What a disgrace.

Posted By Diane Pfadenhauer In Miscellaneous | Permalink

There have been a few blog postings of late referring to events of the last year which are worthy of note. In that same theme, I decided to create my own list.  Here is Diane's list of some of the more notable workplace happenings, trends and events of 2005 (OK, there's 29 of them, which has no rhyme or reason other than that's what came to me....).   One more caveat - they're not in any particular order...

• The passing of management guru Peter Drucker
• The Supreme Court (finally) recognizes the disparate impact theory of discrimination under the Age Discrimination in Employment Act
• Katrina, Rita and Wilma
• Continued Erosion of Pension Benefits
• The NYC Transit Strike Settlement - Opening the door for union employee contributions to health insurance in the public sector
• The School District Scandals on Long Island - Roslyn, et. al., which opened the door to voter outcry and call for greater accountability
• Elliot Spitzer and his quest against insurance companies (among others) - resulting in, presumably, greater objectivity in the quoting of insurance premiums
• New COBRA regulations fully in effect (boring, yes, but most aren't thinking about it)
• New rules for nonqualified deferred compensation plans
• Expensing of stock options...
• This Blog won Best Recruiting Law Blog sponsored by Jobster and Recruiting.com
• New USERRA Regulations and poster
• Gas prices this past Fall - rethinking telecommuting
• The OFCCP finally decides what an applicant is!
• New York Security and Notification Act
• Family coverage for healthcare tops $11,000 annually
• Medicare Part D and trying to figure out what creditable coverage is...
• Social Security turns 70
• Mass defection of the Teamsters, SEIU and others from the AFL-CIO
• New I-9 Form Issued
• The Zubulake verdict after landmark rulings on what seemed to be a gazillion motions
• The Roth 401k
• California's Sexual Harassment Training Requirements for Managers by 12/31
• Baby Boomers are now protected by the ADEA
• SHRM finally woke up and set up RSS feeds for its website - too bad you have to have a password to access all that good information...
• Changes to Section 125 Plan "Use It or Lose It Rules"
  
• The new EEO-1 Form
• Changes to the New York City Human Rights Law
• New 401k Automatic Rollover Rules

Happy New Year everyone!

Posted By Diane Pfadenhauer In Miscellaneous , Trends | Permalink

In honor of the holidays, this interesting article in Forbes discusses some of the most popular toys of the last 100 years.  Notables include Monopoly, Cabbage Patch Dolls, the Razor Scooter, the Viewmaster, and Mr. Potato Head.

Have a safe and happy holiday everyone!

Posted By Diane Pfadenhauer In Miscellaneous | Permalink

Thanks to all who nominated and voted for this blog for the Recruiting.com Best Recruiting Law Blog for 2005 sponsored also by Jobster!  I'm glad you're finding the information provided here of value.

Posted By Diane Pfadenhauer In Miscellaneous , Weblogs 1 Comments | Permalink

Don't forget to vote here for this blog for Best Recruiting Law Blog in the Recruiting.com 2005 Best Blog Awards - sponsored by Recruiting.com and Jobster.  Voting ends tonight at midnight.

Posted By Diane Pfadenhauer In Miscellaneous , Weblogs | Permalink

I'm back from my trip to the Gulf area this past week with the Turnaround Management Association.  As I previously mentioned, we did a series of workshops in Baton Rouge and New Orleans for businesses in the area.  Dan Dooley, CTP of Morris-Anderson (Chicago) was our fearless leader, Anu Singh, CTP of Huron Consulting Group (Chicago) spearheaded the process of combining all of our presentations into a great program.   Also presenting were Pat O'Keefe of O'Keefe and Associates out of Detroit, Vince Liuzza from the local TMA Chapter, and yours truly.  The amazing staff of TMA headquarters in Chicago and the leadership of the local TMA chapter coordinated the activities ensuring a worthwhile event for everyone who participated.

We led the participants through the basics of the turnaround process, how to deal with bankers, lenders, the pros and cons of filing for bankruptcy protection and employee retention and other issues.   

Despite our frenetic schedule, we managed to go on a tour of devastated areas early Thursday morning.  The devastation was unbelievable.  I think its true that the media has all but forgotten as the news we see in no way portrays the reality of the situation down there.  Some amazing things we learned and saw while there:

• Around 200,000 homes were destroyed
• HALF of the area is still without power
• The homes of MOST of the people I spoke with were completely destroyed
• The population of Orleans parish is now at about 70,000 (down from about 400,000)
• The lack of employees is incredible - Many restaurants and other stores are operating with only one shift and limited hours.  Burger King is paying $10/hour and offering $500 monthly bonuses.
• The largest park in the area is now a garbage dump as a staging area for the 40 YEARS of garbage created by the disaster.
• And the list goes on....

Suffice to say, almost 4 months after Katrina hit it looks as though it happened yesterday!  Thankfully, TMA will continue its work to help businesses in the area.  For those interested in continuing TMA activities in this area you can visit the TMAssist Blog here.

Posted By Diane Pfadenhauer In Corporate Turnaround , Employee Relations , Miscellaneous , Weblogs | Permalink

While I was down in the Gulf area, I was a tad out of touch.  Seems that this blog was nominated for "Best Recruiting Law Blog" (thank you...) in a survey sponsored by Recruiting.com.  For those of you who like what you read here, please vote for us.  We're way behind the eight-ball here with all of Typepad's recent problems and my being away.  Go vote HERE!!!!

Posted By Diane Pfadenhauer In Miscellaneous , Weblogs | Permalink

I'm off to New Orleans with the folks from the Turnaround Management Association, so posting will be light this week.  We have a heck of a schedule, everyone has been working 'round the clock to put this all together and we're all looking forward to doing good.  I'll post as I can with any updates.

Posted By Diane Pfadenhauer In Corporate Turnaround , Employee Relations , Miscellaneous | Permalink

The Turnaround Management Association issued this press release discussing TMAssist, a new public service program I previously mentioned that includes free seminars/workshops, educational materials and an online resource center for businesses affected by the recent hurricanes.  We'll be in Louisiana on December 14th and 15th.  The press release provides more information about the workshops we'll be conducting and where interested business owners can register online.  Please pass this information along those you may know in the area who are in need!

Posted By Diane Pfadenhauer In Corporate Turnaround , Miscellaneous , Resources | Permalink

In mid-December, I will be traveling with a group of professionals from the Turnaround Management Association to the Gulf Coast.  TMA has launched a major initiative called TMAssist to work with companies in the region affect by the recent hurricanes.  For those of you who are not familiar with TMA, it is a professional association focusing on corporate renewal and organizations restructuring.  Typical membership is comprised of turnaround specialists, attorneys, bankers and other advisors to companies going through these issues.  I was recently elected to the board of directors of the Long Island Chapter.

Once down there, we anticipate doing a series of workshops over two days in Baton Rouge and New Orleans.  Obviously, I'll be focused on the people issues.  It is anticipated that several hundred will be in attendance at these workshops.  Needless to say, I am excited at the prospect a providing guidance and assisting those in need.  I'll keep you posted as things develop.

Posted By Diane Pfadenhauer In Corporate Turnaround , Miscellaneous , Resources | Permalink

Every year the Bureau of National Affairs conducts a survey regarding Thanksgiving Holiday Practices.  According to the survey (available here), 69% of employers will give two paid holidays on Thursday and Friday of this year.  For those employee required to work on Turkey Day, 52% will get overtime only, 14% will get overtime pay and comp time, 9% will get comp time off only.  Lastly, 14% of employers will give some sort of gift to employees in honor of the holiday, but only 2% will actually be giving a turkey.

Posted By Diane Pfadenhauer In Miscellaneous , Policies & Procedures | Permalink

When talking about diversity in the workplace, we often overlook the different generations in the workplace.  There seem to be so many that follow the baby-boomers that I often can't keep track.  This post on the T&D Blog discusses the needs and wants of Generation X as cited in a new book reviewed in the ASTD's T&D Magazine.  Look at the following:

• 77% of Gen Xers say they'd leave their current jobs if they found 'increased intellectual stimulation' elsewhere.
• 61% of Xer women said they'd leave their job for one that was more flexible.
• 51% of Gen Xers said they'd quit if another employer offered them the chance to telecommute.
• The average Gen X worker in his 20s stays at each job for only to 1.1 year.
• 'Having a best friend at work' was one of 12 key predictors of both job satisfaction and high performance."

Now for those of you who are really confused about all of those "generations" - here's what Wikipedia tells us:

• Baby Boomers - Born after WWII and up to 1964
• Generation X - Born after Baby Boomers up until about 1981 (Wikipedia advises us that there is a dispute about the actual years - hmmmm).

• Generation Y - Born in the early '80's through the early '90's

• Generation Z - Those born as late as the 2000's also referred to as Generation Fat because of dietary and health issues (I'm not kidding take a look!).

Posted By Diane Pfadenhauer In Miscellaneous , Trends | Permalink

Long Island Business News featured this blog in its Law Column this week.  The article, which appears here on their website discusses the use of blogs as a marketing tool for lawyers.

Posted By Diane Pfadenhauer In Miscellaneous , Weblogs | Permalink

Today marks the one year anniversary (or Blogaversary, however you spell it....) of this blog.  A year ago on a rainy weekend I threw my hat in the ring.  200 posts later, we'll still going strong.  I thank the loyal readers and those who comment and provide insight everyday as to what is going on in the world of HR and employment law.  My original goal was to provide a place for HR practitioners to access information regarding strategic HR management and employment law and to help some of the "not so enlightened" members of the legal community understand that HR is not a "handbook."  Hopefully I have accomplished that and will continue to try to do so in the future.

Here are some of the the benefits I have found and some interesting observations about blogging.... 

1. I have "met" some great people who blog - some actually in person and some solely on the web.
2. When I tell people I have a blog, if they know what it is, they look at me curiously.  Once they go to the site, they get it.  Now if I could get them to just understand RSS...
3. I've been able to tremendously expand my network of professionals that I can reach out to.  Some of them have become valuable sources of intelligence, information and camaraderie.
4. While I cannot say that I can attribute "$X" amount of revenue to this blog, it has enabled my to expand my marketing potential.  It has resulted in speaking engagements and articles and has overwhelmed at least one client who swore after reading it that there was too much to know in this field!
5. Blogging regularly (several times a week) keeps me on top of what is happening.  If I don't know about it, I've missed something.  I don't post on every subject, but my 100 plus news feeds on Bloglines keeps me pretty up to date.  Regular blogging also gives me lots of ideas for my newsletter and speaking engagements.

At this point, as I start the second year of this blog, who knows where it will take us.  Thanks for reading.

Posted By Diane Pfadenhauer In Miscellaneous 2 Comments | Permalink

As I sit here on Sunday morning reading my morning news (paper and digitally), I noticed an article in Newsday discussing workplace blogs.  Much to my dismay, none of the few blogs mentioned were from bloggers from Long Island.  Long Island, if it were a state, would be the fourth largest state in the country!  So, suffice to say, there are several excellent bloggers out there deserving mention.  For workplace blogs, here are a few:

• Regina Miller's (from waaaay out East on LI) excellent and thought provoking HR's Brand New Experience which is routinely linked to, commented on, and has a readership around the world.
• Troy Rosasco's (from Long Island based Turley Redmond and Rosasco - one of  New York's premier disability, workers' compensation and social security law firms) New York Disability Lawyer Blog
• This blog - read on 4 continents by thousands of readers, coming up on its one year anniversary.

I am curious to know if there are others out there.  If you know of any, send them my way and I'll mention them here.

Posted By Diane Pfadenhauer In Miscellaneous , Weblogs 2 Comments | Permalink

If this isn't a good lesson for the workplace, I don't know what is.  Seems that about 1000 emails have surfaced from FEMA as Hurricane Katrina slammed into the Golf coast.   Rep. Charlie Melancon, whose district south of New Orleans was devastated by the hurricane, posted a sampling of e-mails written by Federal Emergency Management chief Michael Brown on his Web site on Wednesday. The emails, available here, clearly are an embarrassment and have given critics of FEMA's response sufficient fodder to make their case.  It is the careless communication styles inherent in email that demonstrate how dangerous it can be to an organization.

Posted By Diane Pfadenhauer In Miscellaneous , Policies & Procedures | Permalink

It's Friday and I wonder how many people have called in sick?  This cute little list of excuses, the result of a survey, made me chuckle:

• "I'm too drunk to drive to work;"
• "The ghosts in my house kept me up all night"
• "I'm too fat to get into my work pants"
• "My son accidentally fell asleep next to wet cement in our backyard. His foot fell in and we can't get it out"

I've often wondered about the rationale for skipping Fridays v. skipping other days during the week.  A friend, who will remain nameless, has a theory that one is less likely to get caught calling in for a "mental health" day during the middle of the week as compared to a Monday or Friday.  The theory goes on to further suggest that the best time to go to work is when everyone else is out - Fridays in the summer, the day before a holiday, etc.  Seems to me that all the HR attendance takers focusing on Friday and Mondays should look more closely!

Posted By Diane Pfadenhauer In Miscellaneous | Permalink

Tonight, Mars' orbit will bring it 43.1 million miles away from Earth, with its closest pass scheduled for 11:25 p.m. EDT.  The two planets -- normally separated by about 140 million miles -- will not be this close again until 2018.  For more information, go here or here.  And, don't forget to set your clocks back!

Posted By Diane Pfadenhauer In Miscellaneous | Permalink

I was recently interviewed by Long Island Business on the subject of using Blogs to market business.  Here's the link.  You'll have to scroll down a bit past all the discussion about Micropersuasion (one of the most popular blogs on the planet!) to learn about my little blog.

Posted By Diane Pfadenhauer In Miscellaneous | Permalink

I am catching up a dry spell of posts this week.  I attended the NY State Bar Association's Labor & Employment Section's Annual Meeting in Longboat Key, FL earlier this week.  For you weather geeks, you may recall that the hurricane watch for Hurricane Wilma issued by the National Hurricane Center included Longboat Key in the "watch" area.  Suffice to say, many of the attendees bailed out at the last moment, once the watch was issued.  As a former road warrior, I was there - I wasn't about to let a little hurricane stop me...  In any event.  We experienced only 50-60 mph winds, downed trees and a lot of rain - certainly faring much better than folks in the southern part of the state.   While most of the attendees did not show, those that did were able to participate in engaging sessions.  The dozen or so of us that were there were able to really delve into the material.  In addition, the NYSBA staff and leadership did a yeoman's job of making what could have been a disaster a fabulous event.  Kudos!

Posted By Diane Pfadenhauer In Miscellaneous | Permalink

Janell Grenier's post several weeks back noting the myriad of abbreviations in the benefits world reminded me of the "employment law alphabet soup" that I used to share with my students many years ago.  Not sure where it originated and, unfortunately, failed to find the original.   So, alas, I had to start all over.  Here's the new 2005 "unofficial" employment law alphabet soup.....

A - ADEA, AAP's, ADR

B - BFOQ

C - COBRA, Comp Time, Consumer Report, Comparable Worth

D - Disparate Impact/Treatment, Disability, Discipline/Discharge

E - EEOC, ERISA, EPA

F - FLSA, FACTA, FMLA

G - Glass Ceiling Recommendations, Government Contractors, Good Faith

H - Handbooks, HIPAA, HMO's, Hostile Environment

I - Intermittent Leave, IRS, Investigations, IRCA

J - Just Cause

K - KSA's

L - Labor Relations, Layoffs

M - MSDS's, Mediation, Military Leave

N - NLRA

O - OSHA, OWBPA

P - PDA, Privacy

Q - Quid Pro Quo Harassment

R - Religious Discrimination/Accommodation, Restrictive Covenants, Releases, RIF

S - Sexual Harassment

T - Trade Secrets and Confidential Information, Third Party Harassment

U - USERRA, Unemployment

V - Violence in the Workplace, Voting Time Off

W - WARN, Weingarten Rights, Waivers

X - eXcelsior List

Y - Yield Ratios, Yellow Dog Contract

Z - Zero Tolerance

There are many more that can fit here, but we'll have to wait until I lose this and have to start over again.  In fact, why don't we just let Janell be the keeper of the lexicon since she's come up with hundreds already!  Thanks to Heidi Hayden at Epstein Becker and Green for X and Y - my brain stopped working by the time I got to the end of the alphabet.

Posted By Diane Pfadenhauer In Employment Law , Miscellaneous | Permalink

The folks at Six Apart have sent me an email informing me that due to a data loss, my weblog was affected.  That resulted in the loss of the file attachment in my Workplace Investigations Tip #15.  It's fixed now.

Posted By Diane Pfadenhauer In Miscellaneous | Permalink

Last March I posted this "Lessons from Baseball" post which provides interesting insight on group dynamics and why some teams excel and others don't.  As the season winds down and playoffs are underway, today's WSJ has a timely article describing some additional lessons to be learned ( available here, registration required) from baseball discussing "The Culture of Winning."  The article notes that the Atlanta Braves have won 14 straight division titles.  The team's General Manager, John Schuerholz, attributes this streak to his views on how to transform a losing culture.  He suggests the following:

• Gather everyone, communicate the plan and preach it daily
• Constantly remind them it works
• Don't be afraid to get rid of the people who don't buy in
• Make the lowest-level employees feel as important to success as the top-level executives
• Show trust in everyone to do their jobs well

Seems to me all of these tips can be taken back to the corporate world and implemented in our workplaces.  When organizations are going through major strategic transitions, everyone needs to be communicated with, feel valued and empowered to do their jobs in order for the transition to be successful.  Let's hope the Yanks do that as well for the rest of the playoffs......

Posted By Diane Pfadenhauer In Corporate Turnaround , Mergers and Acquisitions , Miscellaneous | Permalink

This article about a terminated employee who allegedly shot three managers at work the other day before killing himself raises critical issues regarding workplace safety and preventing violence in the workplace.    A while back I posted this which provides links to a wealth of resources on the web available to help organizations prevent violence from occurring in their workplaces.  My heart goes out to all those affected.

Posted By Diane Pfadenhauer In Miscellaneous , Resources , Trends | Permalink

USA Today had an article reporting on recent efforts by employers to help employees with the surging price of gas.  According to a survey by SHRM, here are some of the things employers are doing in light of that fact that gas is about a dollar more than it was a year ago and Hurricane Rita is barreling through the Golf of Mexico:

• Raising their mileage reimbursement rate to the new IRS rate of $.485/mile (interestingly, I read somewhere that the rate should be upwards of $.80/mile...)
• Offering public transportation discounts
• Organizing car pools
• Offering telecommuting
• Letting employees work from home

I'd say let's hope that Rita steers clear of the coast, that people are not harmed and the oil production facilities are not damaged.  Unfortunately, it appears that is not likely to happen with the latest weather predictions.  Hopefully lessons learned from Katrina can be quickly implemented in the face of yet another deadly storm.

Posted By Diane Pfadenhauer In Miscellaneous , Policies & Procedures , Trends | Permalink

I found this in a pile of papers I was going through.  Four years ago today, on my 38th birthday, I departed from JFK at about 7:45 am en route to LAX.  My only concern that morning was getting the coveted upgrade to business class and that I would be in sunny CA by afternoon for a round of golf on my birthday.  I, and 40 of my colleagues were to attend a meeting in Palm Springs.  Several had already arrived and many of us were departing that morning.  The prior Monday evening, there had been terrible storms in NY and many flights were cancelled.  I was scheduled on the first flight out to LA, at 7:00 am.  The airport was mobbed with angry, ticked off people who had spent the night in New York, either at the airport or some nearby nasty hotel.

When we landed in Kansas City, where I would spend the next five days trying to get home, the world was a different place.  It reminded me of an old episode of the Twilight Zone where a plane full of passengers flew above the clouds and was unable to land in the same time period from which they left.  After a great deal of confusion (in the air and once we landed), I was finally able to find the Admiral's Club, which provided the only TV in the airport.  By 10:00 am Kansas City time, the worst had already happened.  I learned that day and throughout the next few days that one of my colleagues was on United Flight 175 which crashed into the South Tower of the Trade Center.  Others of my colleagues landed in cities throughout the United States and made desperate attempts to get home to the east coast - some of whom even rented a U-haul and drove all the way back.  Several who made it to CA, drove the entire way also.  Interestingly, others who were flying Jet Blue watched the entire series of events live on their on-board TV's.

I later learned that three others I knew were killed in the Trade Center that day.  Several friends had near misses running from debris in lower Manhattan.  In all of the insanity that morning, my twin sister, Ruth, and some others in my family initially thought that I might have been in one of the planes that was hijacked (as we had left New York at about the same time as the other flights and were on a 767 flying cross country).  Thankfully, I was one of the lucky ones.

Despite the horror of that day, I encountered amazing people.  The staff at the Admiral's Club, despite learning their colleagues had just been murdered, refused to leave the airport, despite the fact that it closed, until they knew I had a hotel room.  One staff member even held the room on her personal credit card and offered to drive me to make sure I would be safe.  The staff at Buca di Beppo downtown fed me and volunteer fire and emergency personnel (who were on their way to NY) for two days.  Others were equally as concerned and giving.

So, on what had always been a joyous day for my twin and I (and her husband, too, believe it or not), we now quietly and somberly celebrate our special day.  And I will always say a simple prayer for George, Jim, Jane and Dennis.

Posted By Diane Pfadenhauer In Miscellaneous | Permalink

The print edition of the Wall Street Journal had an article yesterday about how employers in the Gulf region are responding to assist employees in the aftermath of Katrina.  We've seen coverage of the horror and frustration of thousands in the area.  Here's what some of the local employers are doing.

• Wal-Mart estimated that 10,000 employees are without a place to work and announced a fund where they will donate up to $1000 for each employee whose home had been destroyed.  It's paying hourly employees for the first three days and employees are eligible for $250 in emergency funds for necessaries.
• Harrah's Entertainment, which operates several casinos employing 6,000 in the area, has set up an employee hotline and employee emergency centers in the area.  Employees will continue to receive their salaries for 90 days (wow!).
• BellSouth, with 1.75 million telephone lines down in the area, plans to set up "BellSouth Cities" - tents to house displaced employees and their families, providing them with food, shelter, etc.
• Hilton expects to pay employees through this week and is preparing to provide lodging for displaced employees for long periods.

Also, as a bit of a reprieve from all of the gut-wrenching news coming out of the area, the Christian Science Monitor published a photo essay entitled "People Helping People." Take a look.

Posted By Diane Pfadenhauer In Miscellaneous | Permalink

Watching the news last night made me think of various tragedies, disasters, and other misfortunes we have endured and their impact on the workplace.  HR practitioners are often looked to to provide leadership during and after these events to ensure employee safety, to help get the organization on track and to do things like find and communicate with employees.  For those who question the value of HR, this is often a time at which HR pros are put the test and demonstrate their true leadership skills.

After 911 when we realized how difficult it was to communicate with our employees here in NY, many HR departments adopted seemingly simple solutions to the communication problem. 

• Staff members made sure employees updated emergency contact information - if there is a disaster, how will you find an employee?  What if there is an area of the city that is unreachable?  What if employees cannot get to work? 
• One company HR staff member told me about the employee list in a shoe box under her bed at home - not the stuff that makes data security experts happy.  However, by having this information at home, and having the list pre-sorted and updated, the HR staff was able to call 1500 employees in a matter of hours to communicate important information.  Not only did this provide valuable information to employees, it communicated to them that the company cared about their well-being.
• Many departments established pre-arranged offsite meeting places, contingency plans to operate, who would be the first to try to get into the office, etc.
• Organizations soon realized the effect of lack of communication on decision making.  While cellular phones and blackberries enabled us to become closer and find leaders faster, when they don't work decision making can come to a halt.  Organizations need to develop plans for decision making when senior leaders are unreachable.
• Today I found this site (which is being accessed/posted to largely by text messages as a result of the poor cellular service as a result of the hurricane).  It's is allowing people to communicate, just as blackberries did after 911.

These ideas, and there are certainly many others, show how given the worst of circumstances, people will rise up and find solutions.  Obviously many organizations have disaster recovery plans, typically based on technology.  An effective plan must also incorporate decision making and people.  In the mean time, our thoughts go out to the people in Lousiana, Alabama and Mississippi.

Posted By Diane Pfadenhauer In Miscellaneous , Policies & Procedures | Permalink

The Perseid meteor shower is out in full force and can be seen in the early morning hours before dawn.  Best viewing is in the north.  This morning and tomorrow morning are the best days.  For more information, go here.

Posted By Diane Pfadenhauer In Miscellaneous | Permalink

I stumbled into this post and was reminded of something I learned very early in my HR days.  With all the chatter about HR and its proper role, there is a basic role that is fundamentally important - that is to be an advocate and supporter of employees.  Many years ago I was a newly hired VPHR at a mid-sized company.  Shortly after I started, tragedy befell our company and an employee who I did not yet meet was killed.  Not even considering the alternative, I drove 4 hours to the funeral and to pay my respects to the family.  I was amazed (actually shocked and appalled, to be honest with you...) that several in my department who knew the employee for some time thought I was crazy to even ask them if they were planning on attending the funeral.  When I was an HR practitioner, I always believed that I had an obligation if something happened to one of ours - to be there for the family, if needed.  Most HR practitioners get this, but I'm amazed at how may do not and sometimes you just have to state what should be obvious.

Posted By Diane Pfadenhauer In Miscellaneous | Permalink

Monica Bay at The Common Scold, recently provided a link to a management speak translation guide.  It can be found here.  Some of the more interesting translations:

Management Speak: My mind is made up. I am adamant on the subject. There is no room for discussion. But if you do want to discuss it further, my door is always open.
Translation: &%^$ you.

Management Speak: We're going to follow a strict methodology here.
Translation: We're going to do it my way.

Management Speak: Individual contributor.
Translation: Employee who does real work.

This actually, after making me laugh, reminded me of several of my pet peeves with regard to use of language.  The more annoying ones that come to mind for me:

1.  "Orientated" -  Yikes, this has never been a word - but how many intelligent people use it!?

2.  "Deplaning" - Every time I hear that dopey announcement on an airplane from the flight attendant about exiting the aircraft, I want to go nuts.  When did a noun become a verb?  Is it too much to say "exiting the aircraft"?  Or, do we think people are so stupid that we have to make up an easier word?

3.  "Deck" - My latest pet peeve - when cool people think they should refer to a Power Point presentation as a deck.  A deck is something in my back yard.  What I create on Power Point is a "presentation."  Are there too many syllables or is the spelling too difficult?

OK, I'll stop now, I am getting annoyed!

Posted By Diane Pfadenhauer In Miscellaneous 2 Comments | Permalink