Rudeness At Work

In my previous blog I addressed language policy's as a tool to assist employers in maintaining a civil and respectful workplace.  Civility, the fundamentals of courtesy, politeness and consideration, are critical to business.  The lack of civility leads to high turnover, lower moral and even a potential loss of business.

In 2011 a survey was published in the Journal of Organizational Behavior.  The survey, titled "Civility in American 2011" addressed civility in politics, education, the workplace, the Internet and the marketplace.   The real interest to me is the section "Incivility Goes To Work."  The study reflected that two-thirds of employees reported that their performance had declined as a result of incivility encountered in the workplace.  43% of Americans (four in 10) have experienced incivility at work with 38% reporting the belief that the workplace was "becoming more uncivil and disrespectful than a few years ago." 

Employers, take note.  As a result of experiencing rudeness, or just awareness, 67% of the respondents reported the need for civility training!  It is up to the employer to determine what is and isn't tolerated in the workplace.  But employees are asking for the education to understand how to communicate with each other and avoid creating conflict.

Statistics provided in the section Who/What is to Blame For Workplace Incivility reflected that the largest offenders were organizational leaders at 65%.   The stats for younger vs. older employees peaked my interest.   Does this present a framework for identifying age-related differences in work attitudes and behaviors?

• 65%  Leadership of the Workplace
• 59%  Employees themselves
• 34%  Younger employees
• 24%  Lack of employee rights
• 6%  Older employees

It is to be expected that a certain level of civility is fundamental to the operation of any business.   The survey reported that approximately 69% of Americans "have either stopped buying from a company or have re-evaluated their opinions of a company  because someone from that company was uncivil in their interaction."  There it is.  A direct impact to your bottom line!

Are there remedies for restoring civility?  Here are some basic steps that any individual can take:

• Active Listening (Listening to a co-workers perspective without interrupting; ask clarifying questions, reflect back understanding of views)
• Communicating critical feedback with consideration
• Assuming that everyone has the best motives
• Remember the small but important gestures - saying "please" and "thank you."
• Be aware of your tone and volume
• Be respectful, even in disagreement
• Maintain objectivity during conflict

In closing, remember the Golden Rule that your mother taught you?  When in doubt, refer back to those words of wisdom (or your mother).

Civility is NOT a sign of weakness.  Civility is about boundaries. 

Language Policies

Let's be clear up front. I'm not talking about WHAT language should be used in the workplace. I'm addressing HOW we talk to each other. Do you have a civil, respectful workplace? Do you want one?  While Federal laws do not prohibit rude or disrespectful behavior at work, employees do have protection in the areas of discrimination and harassment.

With respect to proper language, rudeness, etc., perception is the key word. How does the receiver perceive the expletives used by a fellow worker? A woman who is subjected to vulgar profanity may perceive it as sexual harassment. How does a member of a faith community perceive the improper use of a Deity's name? Is it religious discrimination?

Every company, large and small, should require that employees maintain a respectful attitude and prohibit the use of profane language on its properties or while conducting company business. The content of a Language Policy should, among other things:

• prohibit the use of profane words, obscene expressions, gender-based insults, personal insults, racial as well as religious slurs or any type of verbiage (including written documents, email, voice mail, text messages, etc) that may be construed as offensive by others.

With no guidelines in place, an organization is at risk of being an offensive and creating a hostile work environment.

Employee Actions Off The Clock

In case you missed it, Joseph Andolino, a senior vice president of Halliburton's tax department was arrested in a Harris County prostitution sting along with six other men (reported in the Houston Business Journal).  While there are no reports that he committed the crime on the job, several questions relating to his on-going employment with Halliburton come up.   

 

While I don't think that employers want to overly intrude into the private lives of employees, as an employer do you  have a policy or an employment contract that says an employee may be terminated if s/he engages in criminal conduct?  Do any of your company policies address employees conviction of a crime that indicates unfitness for the job or raises a threat to the safety or well being of fellow employees? 

Texas is an at-will state.  That allows Texas employers a lot of latitude in the hiring and firing decisions.  Essentially an employer can terminate an employee for any reason that is not specifically prohibited by law.  However, state legislation, employment contracts, union contracts or your internal policies may dictate your decision.   An employment clause may provide you with an avenue for dismissal.  But does it mandate the dismissal?

• Do you have to prove that the conduct has a direct impact on the job? 
• Does it compromise the employee's ability to do the job? 
• It is an embarrassment to the organization? 

We all agree that an employer shouldn't keep an employee whose after-work activities affect their job performance.  The general rule is the more off-duty behavior negatively affects the work environment, the more termination and/or discipline becomes a legal and valid option.  But, is failure to take remedial action regarding the off-duty conduct inferring that similar actions are condoned on the job?

 

Companies may face difficulty when dealing with terminating employees for off-duty conduct. Potential results when employee's are fired for off-duty behavior can be negative publicity, low morale and related turnover.   You must consider the nature of the crime and how it affects the workplace.  What effect, if any, does the behavior have to the workplace or the company's image?   Does the behavior justify adverse employment action?

 

If you are considering regulating the off-duty conduct of your employees, there are some things to be considered:

• Is the conduct legal or illegal?
• Is there an applicable law that protects the off-duty conduct of the employee?
• Am I willing to apply this policy consistently?

Jason Bosch, None Of Your Business (Interest):  The Argument for Protecting All Employee Behavior With NO Business Impact: " . . . employees should not have to relinquish autonomy over very aspect of their lives just to get or keep a job.   Employers have a vested interest in controlling those aspects of employee's lives that reasonably affect the employees' performance on the job, but that does not justify giving employers carte blanche to control every aspect of their employees' lives."

EEOC and BellSouth Telecommunications

BellSouth Telecommunications, LLC (Atlanta) will be shelling out $120,00 to two former employees to settle a sexual harassment and retaliation lawsuit.

Two BellSouth female employees were sexually harassed by a male manager of the Kennesaw, GA., call center where they were employed.   According to the EEOC website, immediately upon the managers arrival at the call center, he began making inappropriate sexual comments in the sales meetings.  It didn't end there.  In addition to the comments, he pantomimed engaging in sexual intercourse on the floor of the conference room.  "He routinely and continually talked about sex and asking out women as analogies when giving speeches in sales meetings, and would make sexual comments about the women's attire.  The manager would also hug the women unwantedly when greeting them and move his hand down their backs towards their posteriors when he did so."

Most employers understand that harassment is forbidden in the workplace! Sexual harassment under Texas and Federal law is generally defined as unwanted sexual contact of two main types: (a) quid pro quo harassment or (b) unwelcome sexual conduct that is severe or pervasive enough to create an abusive environment for the employee.

When these two employees complained, BellSouth retaliated.  The employees were denied promotions and demoted. 

While the suit has been settled, BellSouth has denied any liability or wrongdoing.  In addition to the monetary relief, there are provisions for equal employment opportunity training and reporting and posting of anti-discrimination notices.

Just in case you've been hiding under a rock, these alleged conducts violate Title VII of the Civil Rights Act of 1964.   How can you deny liability or wrongdoing?  Honestly?

Employee Satisfaction Surveys

In 2004 Congress mandated that all federal agencies conduct surveys of their employees.  The purpose was to assess the employees perceptions about their work environment and work experiences.  The results of these surveys are used to measure employee satisfaction in areas such as benefits, training, leadership, diversity, recruiting and the work environment. 

Employee viewpoint surveys are extremely important as they provide an overview of how well the organization is doing.  Where properly conducted, the survey can identify an organizations strengths and areas of improvement. The survey is a tool for opening a dialog among the employees and the results can act as a tool for driving positive change. 

Remember, a survey doesn't end once the results are received.  If the survey is not responded to, employees are less likely to participate in future surveys.  The employees expect that management will use the information to make improvements to the organization.  These surveys create expectations.  Conversations around survey results can potentially lead to increased engagement, productivity and profits while reducing turnover and costs. 

Once you have the survey results you should act quickly.    Create a team to review the results.  Select the key items to address and develop a corporate action plan to resolve them over the next 6 - 12 months.  Re-evaluate and adjust your action plan as necessary.  A recommendation is to select three areas to focus your efforts on.  This will allow you to concentrate your efforts and make substantial progress.

• In what areas is positive change most important to your organization?
• In what areas is the positive change most needed?
• What areas are the top priorities?

Follow up regularly on the plan and the progress toward meeting the goals.  Communicate across the organization OFTEN and make the improvements visible.  Employees expect that their concerns are addressed and resolution to occur. 

When You Lose A Good Employee

I lost a good employee today.  And while I understand the reasons behind her resignation and departure, it doesn't make the loss any less significant.  After months of looking for the right employee, reviewing hundreds of resumes, phone screens, and face:face interviews, we found the right employee for the position.  Someone that had the level of skills and abilities to take the position and re-define it - -  to grow it.   

 

As an organization we failed.  While we identified where processes could be improved, workloads leveled, bottlenecks eliminated, and savings experienced, we lacked the ability to implement the very changes that would allow us to be successful.    We were unable to engage the employee in this new role because of our inability to let go of an existing process.

 

(We were able to identify a new start. We were able to provide the vision of what it would be like when the change took place. But we were not able to overcome the resistence by the existing employees that would experience this change and the sense of loss the new process would bring. Employees need to understand how the organization will benefit from changing. They need to understand how the change will benefit them individually, as well as the consequences for them if there is no change.) 

 

My advice to every employer out there - to retain employees, the employer must deliver on the expectations set up during the recruitment process. Put forth every effort to keep your employees engaged.

 

 

 

 

 

 

Exempt / Non Exempt

If your organization is struggling with the exempt / non exempt issue, the below article by Business Management Daily provides some good advice.

'Explosive' growth in wage lawsuits; cases hit all-time high

U.S. employees filed a record 7,064 federal wage-and-hour lawsuits in the fiscal year ending June 30, "a continuation of the explosive growth in these suits that has marked the past decade,” according to attorney analysts at the Seyfarth Shaw law firm.

The three most common triggers: misclassification of employees, unpaid off-the-clock work and miscalculation of overtime pay. In its recent report, the firm said that class actions under the FLSA are dominating the legal scene. Another notable trend is the increase in back-wage suits on behalf of higher-income employees, such as those in financial services.

In both types of suits, the key is the time an employee puts in outside regular work hours. Companies should be particularly careful about hourly employees working extra time while off the clock. Even five or 10 minutes worked voluntarily off the clock can add up to a large verdict when multiplied out over a period of years.

Advice: Make it clear to all hourly employees that you prohibit any work over breaks, or before and after shifts.

In one recent lawsuit, a company allowed administrative staff to track their own hours on time sheets. It also allowed them to take comp time. It could only rely on handwritten time records when disputes arose over how much time employees had worked, how much the em­­ployer owed them and whether some of the comp time should have been overtime. In such cases, the employer loses because it's the employer's responsibility to keep proper records.

Record-keeping requirements for exempt employees differ from those for nonexempt workers.

Exempt records to keep

Because you don't pay exempt em­­ployees by the hour, you shouldn't track the exact number of hours they work on a daily basis. Doing so might appear to a wage-hour auditor as if you are indeed basing pay on the number of hours worked, which might raise the question of whether the employee is truly exempt.

However, just because a worker is exempt doesn't mean your company is freed from keeping records on him. With exempt workers, you should keep records that describe the workweek and the wages paid for that period. Specifically, you should keep the following records concerning exempt staff:

• Personal information, including name, home address, occupation, gender, birth date for workers under age 19 and the person's workplace identification number
• Time of day and day of the week when the workweek begins
• Total wages paid each pay period
• Date of payment and the pay period covered by each payment.

Your records for exempt employees also can track the days employees use for sick, vacation and personal leave.

 

Exempt records to keep

Because you don't pay exempt em­­ployees by the hour, you shouldn't track the exact number of hours they work on a daily basis. Doing so might appear to a wage-hour auditor as if you are indeed basing pay on the number of hours worked, which might raise the question of whether the employee is truly exempt.

However, just because a worker is exempt doesn't mean your company is freed from keeping records on him. With exempt workers, you should keep records that describe the workweek and the wages paid for that period. Specifically, you should keep the following records concerning exempt staff:

• Personal information, including name, home address, occupation, gender, birth date for workers under age 19 and the person's workplace identification number
• Time of day and day of the week when the workweek begins
• Total wages paid each pay period
• Date of payment and the pay period covered by each payment.

Your records for exempt employees also can track the days employees use for sick, vacation and personal leave.

Nonexempt records to keep

With nonexempt, hourly employees, you need to collect more details:

• Personal information, including name, home address, occupation, gender, birth date for workers under age 19 and the person's workplace identification number
• Time of day and day of the week when the workweek begins
• Regular hourly pay rate for any week when overtime is due (include an explanation of the way wages are paid—such as per hour, per day, per week, per commission—plus the amount and nature of each payment that's excluded from the regular rate)
• Hours worked each day and week
• Total daily or weekly straight-time earnings (not counting overtime)
• Total weekly overtime earnings
• Total additions to or deductions from the employee's wages each pay period, plus an explanation of the nature and dates of those additions or deductions
• Total wages paid each pay period
• Date of payment and the pay period.

If employees are working under a special certificate that allows you to pay below minimum wage—such as a "training” wage for students—your records must note that fact, too.

And for how long

The FLSA requires you to keep the following records for at least two years:

• Basic employment and earnings records
• Work-time schedules (timecards)
• Wage rate tables
• Order, shipping and billing records
• Records of additions to or deductions from wages paid.

In addition, keep these records for at least three years:

• Payroll records
• Employee agreements, such as collective bargaining agreements and individual contracts
• Sales and purchase records.

Yes, Congress has tinkered with the FLSA over the years.

Yes, the Labor Department has issued pages of regulations, interpretations and examples.

Yes, these changes are often confusing for employers and workers alike.

Is that an excuse for misunderstanding the law? No.

The FLSA is complicated and full of traps for unwary employers. And attorneys who represent unhappy workers are ready to take advantage of any misstep you take. Your best protection is awareness. Make sure you understand the fine points of the law, and work to ensure that your business is in compliance.

Employee Satisfaction

Earlier this year an on-line survey by Accenture reflected that 57% (women) and 59% (men) were dissatisfied with their jobs.  While dissatisfied with their jobs, more than two-thirds (69%) said they would stay with their current employer.    I guess that’s a good news / bad news scenario.    The workforce is stable, but it's dissatisfied. 

I’m a firm believer that employees are the key to either the success or failure of an organization.  What happens when those employees decide it's just too much anymore and they seek other opportunities?   Are you willing to loose this intellectual resource?  What will the impact to the organization be?

As an employer, proactive steps should be taken to determine where employee dissatisfaction stems from.  

1. Survey your employees to find out their needs.  Are there little hassles they they are experiencing day to day?   What would make them more satisfied in their work?  Smart employers will listen to new ideas, be open to change.  Provide employees with the opportunities to present ideas for new processes, new efficiencies, to management.
2. Provide training and advancement opportunities.  Is there a career path for employees?  Do they have an opportunity to grow and/or expand their skills?  Achievement can be more important to one employee than another. 
3. Address any compensation concerns.  Is there a perception of “fair pay?”