Do Attractive People Make More Money?

Life Inc. ran an article titled "It Pays To Be Pretty." To view the entire article, the link is provided at the bottom of this blog. The article contained a brief survey asking, "Do you think attractive people make more money than less attractive ones?" A multiple choice question, it provided three possible answers:

1. Yes, I see it in my profession all the time
2. No, that's just a stereotype
3. I'm not really sure

I guess this topic is of great interest because 8,820 people chimed in with their answers. The results are that an overwhelming 84.6% of the responders said "yes."

1. 84.6% (7,461 votes)
2. 5.9% (517 votes)
3. 9.5% (842 votes)

Daniel S. Hamermesh, an economist at UT-Austin, published a book titled "Beauty Pays: Why Attractive People Are More Successful." Hamermesh found that people with above-average looks earn at least 5% more than average looking people. Further, in his book he demonstrates how society favors the beautiful and that attractive people are more likely to be employed and receive more substantial pay.

In an earlier report, The Federal Reserve Bank of St. Louis researchers indicated that once variables like education and experience were factored out, the "beauty premium" exists across all occupations. The FED also discovered what is referred to as the "plainness penalty" in which less attractive people "suffered a salary penalty of up to 9%."

People, before we go much further let me be perfectly clear. Looks have little or no bearing on job performance. But, I guess some organizations feel differently and all I can say is "Wow."

Take a look at the hiring practices of organizations such as Abercrombie & Fitch, Hooters, even Red Bull. Abercrombie & Fitch have lost or settled several lawsuits over their "look policy." They also have patrolling "Visual Teams" for stores. If you aren't reflecting the A&F style, you're sent to the back room! Hooters? Well, I don't think we really need to discuss the physical attributes that Hooters looks for during their recruiting process.

Red Bull is currently advertising for a Wiings Team Member for East Houston. If you read the advertisement it states, "Premium First Impression: Hiring Manager(s) may issue more specific guidelines. Physical Appearance: Attractive, natural appearance. Maintain physically fit physique."

Aren't the actions above just plain ole discrimination? Personally, I have never, ever, nor ever will, hire someone based on their looks. That's just bad recruiting.

Deborah Rhode, a Stanford law professor, thinks Americans are at the mercy of beauty discrimination. She wants the law to step in. As the author of the book "Beauty Bias," she proposes that the courts handle looks-based discrimination the same way that gender or race discrimination is treated. *I'm not quite yet ready to chime in on that one.*

Does looking good give us more confidence? Should the workplace become a beauty contest? A few recommendations from this HR corner:

1. Don't dress for the job you have, dress for the job you want. *I have been throwing this one piece of advise around to friends, family and business acquaintances for years!* While clothes don't help you perform, there is a belief that it will help how your performance is perceived.
2. Be confident in who you are! Stand tall. Smile. Maintain eye contact.
3. Focus on your communication skills and your ability to sell yourself!

In closing, isn't beauty in the eye of the beholder?

Link:
http://lifeinc.today.com/_news/2011/08/31/7514303-it-pays-to-be-pretty?GT1=43001

FLSA and Overtime

The Fair Labor and Standards Act, often referred to as the FLSA, regulates wage and hour matters. It establishes minimum wage, overtime pay, record keeping and child labor standards.

Without going overboard with the what, the who, the how, let's start with the basics of "when" overtime is paid. Nonexempt hourly employees must be paid time and a half (150% of their normal pay rate) when they work more than 40 hours in any work week.

Oftentimes companies require employees to have approval prior to working overtime. And yes, this is an acceptable policy. The trap that many employers often fall into is refusing to pay overtime to an employee who worked the overtime without prior approval. Remember, under FLSA the employer must pay for all hours "suffered or permitted" to work. The FLSA does not distinguish between approved and unapproved overtime.

You may experience compensable job-related activities during an employees "off the clock" time such as the employee taking home work, working through lunch, job related phone calls at home, etc. Does the hourly employee have access to email outside of the regular work day (through work computer, laptop, home computer, cell phone, PDA, etc.)? If so, you must record any and all time spent reading and/or responding to company business email and/or performing work with the aid of such equipment. If hourly employees are provided with PDAs and are expected to check them outside of work hours, then the time spent checking the PDA is compensable time!

There are other areas that may require compensation or overtime. For example:

1. Rest breaks under 20 minutes.
2. Down time or on-call time that prevents the employee from carrying out personal business.
3. Preparation before shift or clean-up after shift.
4. Mandatory classes, meetings or conventions.
5. Travel time other than normal commuting.

As an employer you are allowed to discipline, or terminate, an employee for violating an overtime approval policy. Ensure your overtime policy is clear and communicated to employees.

Federal Sentencing Guidelines for Organizations

Organizations, like individuals, can be found guilty of criminal misconduct. The U.S. Federal Sentencing Guidelines for Organizations were enacted by Congress in November 1991 to govern the sentencing of organizations convicted of federal crimes. But, the FSGO does so much more than that. Under the FSGO, an organization is "expected to design, implement, and enforce a program that exercises due diligence to prevent and detect criminal conduct and promote ethical conduct and compliance." Such training to be "effective" and "periodic" with the intent to help "prevent and detect organizational wrongdoing."

Under the FSGO, organizations with compliance/ethics programs that meet the defined standards earn credit toward reduced penalties if employees are engaged in wrongdoing. Essentially, the potential fine range for a criminal conviction can be significantly reduced, in some cases up to 95%, if an organization can demonstrate that it put into place an effective compliance and ethics program. Further, that the criminal violation in the organization represented an aberration within an otherwise law-abiding community. Logically, organizations with substandard programs receive tougher penalties.

The Sarbanes-Oxley Act of 2002 directed the United States Sentencing Commission to ensure that the Federal Sentencing Guidelines were sufficient to deter and punish organizational criminal misconduct. While the Sarbanes-Oxley Act covers only publicly traded companies, the Federal Sentencing Guidelines apply to all organizations both publicly and privately held.

Distributing a Code of Ethics or Code of Conduct for employees is not enough. The FSGO provides guidelines which layout a minimum framework for an effective compliance program. Under the FSGO, the training program must meet seven minimum due diligence requirements.

1. Standards and procedures for prevention and detection.

2. High level of oversight. Responsibility for compliance at all levels, adequate resources and authority for program.

3. Due care in delegation of authority. Avoid having anyone with substantial authority engaged in, or previously engaged in, illegal activities or other conduct inconsistent with having an effective compliance and ethics program.

4. Periodic communication of standards, procedures and all aspects of program.

5. Monitoring, auditing and reporting systems. Ability to ensure that program is followed and its effectiveness is periodically evaluated.

6. Enforcement, discipline and reward compliance.

7. Appropriate, consistent response. Reasonable steps to respond to, and prevent, similar offenses upon detection of a violation.

Compliance and ethics programs must not simply be on paper, they must be communicated to and used by employees. One of the key influences of ethical behavior is supervisor influence and/or senior management influence. Senior staff and management must promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law.

Employee Training: It's An Investment!

Training is often considered optional at many companies because it is thought of as an expense rather than an investment. Yes it may be costly up front. But, it should be considered an investment in the future of both the employee and the organization. An investment in the growth and development of your human resources. I have always been a believer that employees shouldn't leave an organization with only the skills they came in with.

Why train you ask? If your business isn't learning, it's going to fall behind. To stay abreast of new developments within your industry you must make the investment to train your employees. A successful organization must develop a high performing, superior workforce. As an employer you should encourage and support employee growth and development of job and career enhancing skills. The employees themselves must be aware of changes in their field and continually hone their skills.

To give you something to think about, I have listed below a few areas of "standard" training that employees should receive. Once you've read those, take a look at the benefits.

Typical topics of standard training:
1. Communication
2. Computer Skills
3. Customer Service
4. Diversity
5. Ethics
6. Quality
7. Safety
8. Sexual Harassment

Benefits of Training:
1. Increase in job satisfaction, employee morale, motivation and contribution.
2. Efficiencies in Process = financial gain for the organization!
3. Reduction in employee turnover.
4. Risk Management for areas such as sexual harassment, diversity and/or ethics. *And if you think these areas of training aren't necessary, take a look at the U.S. Supreme Court and/or EEOC training guidelines as well as the impact of the 2004 Federal Sentencing Guidelines.*

In closing:
1. Make sure that any training has measurable results. If you can't, the training will only be viewed as an expense.
2. You don't want your employees to view any training as a waste of their valuable time. If the employee doesn't feel that the training he/she is receiving is relevant to their position, ensure they understand the connection early on.
3. Make sure that the training is ongoing to continually motivate the employees, as well as to ensure that the employees are growing professionally.
4. Ensure both the organization, and the employees, meet their goals!

Enjoy your weekend!

Employment Scams

With an ever increasing number of individuals on the job market, there are those willing to take advantage of an unsuspecting job seeker. So, here's a word of caution for everyone.

Expro Group is a large, international, oil & gas organization based in the U.K. With an excellent reputation, Expro is a highly desirable employer. They are also the target of an employment scam!

Expro has recently placed an alert on their career page indicating; "It has come to our attention that various individuals and organisations are contacting people offering false employment opportunities at Expro." For the entire alert, go here:

http://careers.exprogroup.com/content/2/careers-home

Multiple job opportunities with Expro are appearing on job boards here in Houston. Both the Expro name and logo are featured prominently in the job postings. Beware! These are not legitimate jobs, these are scams!

Remember:

1. No legitimate organization is going to extend an offer of employment without first having a face to face interview with the candidate.
2. NEVER release your personal information such as DOB, Drivers License Number, Social Security Number, etc.
3. Always carefully research the background of any organization that you are considering applying to.
4. Always apply via the organization career page versus blind applications through Craigslist, Ebay classified, etc.

Be careful everyone. And just consider today's a blog a "public service announcement!"

Termination: They Didn't See It Coming

If you have been in HR long enough you will have horror stories. One of the worst experiences I ever had was to walk into a conference room packed with 30 employees, with the task of laying them all off. These were all good, dedicated employees. Not flawed, bottom-of-the-barrel employees.

For a brief moment, let's talk terminations. That's fire. Not layoff, not RIF. But fire.

To avoid termination, you have already met with the employee and communicated your expectations. You have taken steps to assist the employee in correcting the performance issue. You have clearly communicated that the employee is being held accountable for the performance improvement.

If you do everything you can, then if termination is necessary you have the assurance that you did everything possible to help the employee succeed. If management is doing their job, then employees know what is expected of them. The conversation, whether termination or disciplinary, doesn't come as a surprise. And there should be no surprises. Whether or not the employee admits it, they play an active role in the decision to get themselves fired.

When there has been that communication, and nothing has changed, I don't feel bad about terminating an employee. I didn’t tell them to do whatever they did to get themselves terminated. I didn't tell them to be consistently late for work. I didn’t tell them to take a 2 hour lunch, or have drinks at lunch, or to spend 8 hours sending personal emails. The employee made the decision to do these things and they have to accept responsibility for their actions. Maybe the employee is unable to meet company standards. Perhaps the employee is consciously, or unconsciously, asking you to fire them. Maybe they just don't like the job.

I always impress upon managers the need for good communication with employees. Remember, if it hasn't been communicated to the employee that what they are doing is wrong, then their actions become acceptable. Being disciplined, suspended or even terminated shouldn't be a surprise to the employee.

Whatever the situation, before you terminate, have your documentation in place. If it's not documented, it might as well not exist.

I believe that the termination message should be delivered by the employee's immediate supervisor. Not HR. Yes, HR should be in the room during the termination meeting. But the supervisor should have the responsibility of delivering the message. And that message should be short, sweet and to the point. Don't blame. Don't make apologies. Be clear. Answer questions. If there is a problem during the termination, HR is there to assist. However, managers should have the proper training, and experience, to conduct the termination without HR stepping in.

No matter what the scenario, always handle a termination in such a manner as to allow the employee to depart with dignity.

Social Security Numbers during Application Process

More and more the question "when filling out a job application, should I give my Social Security Number?" is being asked by job applicants.

When the first Social Security Numbers were assigned in 1936, they were originally designed to keep track of an individuals earnings. Over the years the emphasis has moved from a means of record-keeping to identification. The Social Security Number is a unique identifier and the most vital piece of private information an individual has. With identity theft becoming a prevalent crime, individuals are hesitant in releasing this piece of information.

From my perspective, an employer has no need for this information during the application process. Yes, this information will be necessary later to confirm that the individual is legally employable within the U.S., or for processing payroll, or benefits. But, a conditional offer of employment should occur prior to obtaining this information. You may think that this information is necessary for a background check, but background checks generally do not require a Social Security Number. The full name and address of the candidate/employee sufficiently identifies the individual uniquely for all but the most intrusive background checks. (Realistically, no background check should be conducted until both parties show mutual interest and a conditional offer has been made.)

Employers, once you have the information, you must safeguard it. Any individual with access to HR data shares the responsibility for the security, integrity and confidentiality of the information. With all the laws regarding applicant information security, do you really want to be responsible for guarding this information?

Asking for such sensitive information as a Social Security Number isn't an isolated incident. Recently I reviewed a questionnaire from a U.K. based organization that was in use here in Houston. The questionnaire asked for information such as "Date of Birth, Sex, Marital Status, How Old Are You and my personal favorite, Do You Have Any Disabilities or Long Term Medical Problems?" While it's illegal to ask about disabilities on job applications, there is no ban on asking for the Social Security Number or the applicants age. However, having information such as the applicants age may make it more difficult for an employer to fight an age discrimination suit, should the rejected applicant pursue such claims.

Update: Passive Recruiting and the EEOC

On August 10th I blogged about Passive Recruiting and the EEOC. On August 18th, Today's financial editor Jean Chatzky chimed in on the "passive" recruiting issue and offered some advise to jobseekers.

I wanted to throw a rock at her.

According to Jean, employers who refuse to hire unemployed or long-term unemployed are not practicing any form of discrimination. Why? Well because the test for discrimination has to apply to something that you can't change about yourself. Like disability, age, or gender. In her words, it's not discrimination because unemployment status is "changeable."

Matt pointed out that according to some employers, if you are out of work for a period of time, you are a less than desirable employee. Jean's response was that it feels "outrageous." *Really?* From her point of view,". . . what employers are saying that if you have been long term unemployed, they think you are less desirable because you were one of the first people gotten rid of, therefore you were a less valuable employee or your technical skills may have lapsed." * I did notice that not once did she reference or discuss EEOCs hearing and review regarding the practice of "passive" recruiting. Maybe she missed that?*
What bits of advice did she throw out? Here's a couple that I found most interesting. And please note, these words of advice were for the "recently" unemployed. Not the 6 million "long term" unemployed.

1. Make a personal connection with the employer (when applying for a job). "It's not enough to send in a resume anymore. You have to make sure that you are not a piece of paper." *Recruiters are going to love this. Candidates will be swinging by to drop off their resumes, expecting to be interviewed right then and there. Maybe random phone calls or emails to HR, the hiring manager, etc.*

2. Work pro bono. *If you're unemployed, you can't afford to work for free. And, if you do work for free, there is a serious likelihood that this is going to impact your ability to collect unemployment.*
3. Keep credit in good shape. Make minimum payments on time because employers check your credit. *You have these people working for free! I don't think they're eligible for unemployment anymore. So, how are they going to make these payments?*

If you are interested in viewing the clip, here's the link!

http://www.clicker.com/tv/today-show/why-are-some-denying-jobs-to-unemployed-2045456/

Effective On-Boarding

After weeks, sometimes months, you have finally found the candidate that you feel is the right “fit” for your organization. You have extended the offer and the candidate has accepted it. Now the first day for the new employee is right around the corner. As an organization, you'll never get a second chance to make a first impression.

Any good on-boarding program should start prior to the new employees first day of work. Effective on-boarding will allow the employee to learn his/her job quicker, reduce their time to competency and become engaged sooner. On the "human" side, you want to make the new employee feel comfortable in their new role thereby reinforcing their decision to join the company. (A good on-boarding program may increase retention rates by as much as 25%.) Below are a few basic on-boarding steps I recommend.

Prior to the first day of work:

1. Send out a general introduction email to all employees announcing the new hire and his/her role in the organization.

2. Send a welcome letter to the employee and communicate how glad you are that they are now part of the team. Enclose a meeting agenda for the new employee outlining their schedule for the first week. Also provide information such as where the employee should park that first day and who they should ask for upon arrival to the office. Ensure the new hire understands your dress code to avoid any embarrassment on the first day. As a nice touch, perhaps enclose a copy of their new hire announcement.

3. Ensure the workstation is ready and the employee has everything he/she needs to complete their duties. Have business cards prepared and/or a name plate on the door.

4. Arrange for training, where necessary, on computer hardware/software, phone use, email, fax machine, Internet access. Ensure the employee has passwords, log-in information and any other necessary instructions.

The first day of employment finds a new employee often overwhelmed with names, faces, paperwork, boring orientation discussions and/or lectures. Takes steps to lessen the stress!

The first day of employment:

1. Assign a mentor to help the new employee with the transition. The mentor should be the first person the new employee meets that morning. Or perhaps consider job shadowing. (Take any steps necessary to provide the new employee with a network of support.)

2. Provide the new employee with a workplace tour. The first stop should be their own workspace. Take the time to introduce the new employee to his/her co-workers. Provide the new employee with an organization chart as a reference tool. It will assist them in understanding their role in the organization and to remember faces, names, etc.

3. Celebrate the arrival of the new employee by a group or department luncheon. Have this pre-scheduled!

4. In the afternoon, have the new employee meet with HR. Use this time to discuss the company's mission and values, products and/or services. At this point it's very important to avoid information overload! Rather than overwhelming the new employee with paperwork, have a new hire package prepared for him/her. Allow him/her to take the package home for the evening and review it's contents. Have a follow up meeting to finalize the paperwork as well as to discuss policies and procedures, benefits, compensation etc.

5. Provide the new employee with a written set of objectives and responsibilities. Ensure they have a copy of their job description.

6. At the close of the day, allow for an informal chat with senior members of the organization. *One CEO made it his habit to meet with every new hire at the end of their first week. This allowed him to obtain feedback on how the employee was integrating into the organization as well as to ask "is there anything I can do for you?"*


At the end of the first week:

1. Complete all the new hire paperwork.

2. Ensure training, where required, has been successfully completed.
3. Follow up with the employee to see how they are doing.
4. Gather information on the on-boarding process. Was the on-boarding successful for the new employee or does the process need fine-tuning?


Here's a couple of closing thoughts for you:

Thought #1
At many organizations the new employee is overwhelmed with paperwork associated with their on-boarding. Where financially feasible, the organization should consider automating this process. Develop a "Welcome" link for new employees. Allow new employees to access and submit forms via a centralized source versus the manual approach. With a Web-based employee on-boarding system, key new hire information can be presented to the employee immediately upon acceptance of the job. This would allow the employer to post orientation schedules, company information, benefit forms, payroll forms, etc.

Thought #2
On-boarding (re-boarding) should also encompass new employees that join the organization via a merger or acquisition. Additionally consider re-boarding employees that may never have been on-boarded. It does happen!

Passive Recruiting and the EEOC

On July 25th the New York Times published an article titled "The Help-Wanted Sign Comes With a Frustrating Asterisk." That "frustrating asterisk" is that the unemployed need not apply. Sounds like a bad joke. Have you heard the one about the guy who couldn't get a job because he didn't have a job?

For those of you who aren't familiar with the term or practice of passive recruiting, it describes the targeting and recruiting of candidates who are not actively looking to move from their current employer. Consider them "non-job seekers."

The practice has surfaced in electronic and print postings with language such as “unemployed applicants will not be considered” or “must be currently employed.” The National Employment Law Project, a nonprofit organization surveying the labor market, found 150 ads requiring applicants to be currently or recently employed. Where were these listings? They were found on job sites such as CareerBuilder, Craigslist, Monster and Indeed.

Often it is implied that an unemployed candidate is inferior, or flawed. There are a lot of reasons why people are out of work. The recession is one of them. So, why should an unemployed candidate be perceived as more of a risk? While some candidates may have been laid off due to performance reasons, given the current economic condition, even the best employees are at risk of losing their jobs. Or, they already have. In this job market there are many, many talented people currently available. However, the stigma associated with being unemployed still exists.

Earlier this year at the request of approximately 50 members of Congress, the EEOC held a hearing to “examine the practice by employers of excluding currently unemployed persons from applicant pools.” It appears as though the EEOC is watching and there is now a renewed focus on this potential form of discrimination in recruitment and hiring.

If your company rejects the unemployed, because they are unemployed, be careful. What you are doing may result in a disparate impact complaint from the EEOC. While the practice may not (yet) violate discrimination laws because unemployment is not a protected status, change may be coming. The EEOC has yet to determine whether discriminating against the jobless might be illegal because it disproportionately hurts blacks and older people.

At the federal level, there are two bills dealing with the subject of passive recruiting. Rep. Rosa DeLauro (D-Connecticut), introduced a bill that makes it unlawful to publish a job posting that contains discriminatory language. The bill, identified as H.R. 2501, additionally prohibits employers from excluding from consideration to hire, or hiring, an individual because they are unemployed. “We have seen ample evidence that unemployed individuals are increasingly falling prey to discriminatory practices reducing their opportunities,” DeLauro said in a written statement.

The second bill, introduced into the House of Representatives on March 16, 2011, by Rep. Hank Johnson (D-Georgia), modifies Title VII by adding the unemployed as a protected class, falling under the auspices of the EEOC. Identified as H.R. 1113, it would “amend the Civil Rights Act of 1964 to prohibit discrimination on the basis of unemployment status.”

As an employer, it is always important to avoid discrimination in the recruiting process. What steps can you take? Well, here are a few suggestions:

• Use job descriptions which clearly reflect the KSA (knowledge, skills and abilities) that the employee will require in the position.
• Review your application form for potential areas of discrimination.
• Ensure job advertisements avoid any form of potential discrimination (age, sex, etc.).
• Have a standardized recruiting and hiring process to help diminish the chances of a lawsuit. First and foremost by ensuring that your recruiting/screening practices are job related and consistent with business necessity.
• Ensure your recruiting staff is familiar with discrimination laws.

In the 2006 EEOC document, Compliance Manual On Race and Color Discrimination, the EEOC stated "Who ultimately receives employment opportunities is highly dependent on how and where the employer looks for candidates." As an employer, keep your eyes on the how and where!

Diversity Is . . . An Old, Old Wooden Ship

I was having a bit of difficulty one night in pulling this particular blog together. I guess you can say I was experiencing writer's block. As I was mumbling about diversity, my son made some off-hand comment about diversity being “ . . . an old, old wooden ship." I stared at him with nothing more than a blank expression on my face and blinked. He then explained that the line was a quote from “Anchorman: the Legend of Ron Burgundy.” Well, I wasn't familiar with this particular piece of cinematic history so it was necessary that I experience that particular clip on YouTube. Yes, Ron Burgundy was definitely one clueless individual.

In a more realistic vein, let's take a step towards the non-fictional aspects of diversity. In 1965 an executive order signed by President Lyndon B. Johnson created the Equal Employment Opportunity Commission. The EEOC paved the way for minority classes and women to seek employment opportunities in the workplace. In response to the civil rights movement and the belief that education, sensitivity and awareness were key to reducing discrimination, organizations began providing diversity training to employees.

But, diversity isn't just a black and white issue anymore. Diversity encompasses race, gender, ethnic group, age, personality, cognitive style, tenure, organizational function, education and background. Diversity defines the way we are different. With diversity, we understand that each individual is unique and we recognize those individual differences. The concept of diversity encompasses acceptance and respect.

Is diversity training necessary? Yes. Beyond any legal requirements and necessity, diversity is a business reality. All employees bring their differences to the workplace. But oftentimes there is an “us versus them” mentality that must be eliminated. As an employer, you must ensure that all efforts are taken to reduce racism and sexism in the organization. The primary factors in hiring and promotion should be an employee's capabilities and abilities, as well as the embodiment of the characteristics you seek to represent your organization. A diverse workforce recognizes and values talent. It eliminates barriers and ensures that all employees are treated fairly and have the chance to reach their maximum potential.

A successful organization will understand that true diversity within the organization brings a wealth of benefits:

• Brings a greater variety of viewpoints into an organization, thereby providing a larger pool of ideas and experiences and encouraging the exchange of ideas.
• Broaden the scope of problem solving as well as improving the possibility of reaching a resolution to the problem.
• Creates an organization that is enriched with people from different cultures who bring different experiences and perspectives into the organization.
• May increase retention / reduce turnover both of which have a positive impact on the bottom line.
• May reduce the potential for litigation for EEOC violations.
  

You may think that prejudice doesn't exist in your workforce, but prejudices may be unconscious. According to Malcolm Gladwell in his 2005 book, Blink: The Power of Thinking Without Thinking, the author discusses “thin-slicing” and rapid cognition. Thin-slicing is our ability to gauge what is really important from a narrow piece of experience or information, a snap judgment. However, thin-slicing is an unconscious behavior. In his book, Gladwell examines how the ability to thin-slice may be corrupted by our likes and dislikes, prejudices and stereotypes. He refers to this as “unconscious prejudice, the kind of prejudice that you have that you aren't aware of, that affects the kinds of impressions and conclusions that you make automatically,without thinking.”

Remember, diversity involves how people perceive themselves and how they perceive others. These perceptions affect their interactions. Nobody ever said that diversity was easy. Creating, sustaining and valuing a diverse workforce is hard work. There will be barriers to overcome and these barriers can create a hostile environment. Creating diversity will take diligence and knowledge and patience.

The DOL Has An App For That!

Wage and hour violation claims present employers with the risk of substantial liability. In 2010, a survey of more than 1,800 senior legal and HR professionals was conducted. Of those surveyed, one-third of the respondents indicated that their organization had been hit with a wage and hour claim in the past year. Such claims outnumber all other discrimination class actions combined. While statistics for 2009 and 2010 aren't available on the Wage and Hour website (or I just can't find them!), the 2008 statistics reflect that $185,287,827 in back wages were collected in 2008 alone. That's $185 Million!!!

On May 9th, the Wage and Hour Division of the DOL launched its first application for smartphone platforms. The app (DOL-Timesheet App) is a new electronic timesheet that allows employees to track the hours they work (in addition to break time, calculating overtime, etc.) as well as assist employees in determining the wages they are owed. The bonus here is that it's a free app for employees and is available in either English or Spanish versions! (You can download the application from the Wage and Hour Division homepage at http://www.dol.gov/whd. While currently only available for iPhone and iPod Touch, the DOL is exploring updates for other smartphone platforms such as Blackberry and Android.

The DOL stated that the intent of the app is to provide workers with a tool that they can use to obtain wages they feel they are owed. "This app will help empower workers to understand and stand up for their rights when employees are denied their hard-earned pay," explained Labor Secretary Hilda Solis.

Yes, the application is a simple time-tracking tool. But, it has potentially dangerous consequence s for employers that do not have a reliable or accurate time-recording system in place. I can only stress how important it is for any employer to ensure that they have consistency, and accuracy, in their timekeeping mechanisms. For the employer, let's look at some potential areas of concern:

• How can an employer tell if a non-exempt employee is really working even though the person is not officially on the clock? Employers must be educated on what time must be counted as "hours worked" under the FLSA (including, but not limited to, compensable travel time, donning/doffing uniforms and/or safety equipment) so that such time is properly captured.
• Non-exempt personnel using smartphones or other PDAs for work-related purposes while off the clock.
• Employees may not know the proper way to round time if such rounding is applicable.
• What steps can the employer take when the non-exempt employee works unapproved overtime?
• Potential liabilities for back wages (and those nasty penalties) if employer calculations for worked time and/or over-time are incorrect.
• Employee records and payroll records don't match. How can the employer confirm that the employee was actually at that site and working?

There is a school of thought that the DOL timesheet app may encourage wage and hour disputes. My thoughts?

• Employers must always ensure that their timekeeping records are accurate.
• Require that employees verify the accuracy of time records used for payroll purposes.
• Take this a step further and ensure that employees sign off on any changes to timekeeping records made by their supervisors.
• Ensure that your managers are trained to enforce clear timekeeping policies.
• Most importantly, have an internal mechanism for addressing any pay questions.