august 2 0 0 9 definity partners - hrxperts.org · continuous improvement. definity university...
TRANSCRIPT
Definity Partners is a leading busi-ness improvement firm. The com-pany’s proven approach helps sim-plify, standardize, and automate client operations to eliminate wastes, build productivity, and boost mar-gins. The key to great results and sustainable improvements is having people involved. By focusing on people development as well as process enhancements, Definity Partners delivers both immediate results and sustainable solutions.
Founded in 1996, the Cincinnati-based company currently operates district offices in Atlanta, Cleveland, and Columbus.
The Value of Perspective You’ve seen it happen many times. Solutions become apparent – and new ideas emerge – when a fresh set of eyes takes a knowledgable look at a situation. You may have also seen yourself become too immersed in the day-to-day business, needing a change in perspective. Definity Partners provides perspective to improve clients’ processes and people, enabling energies and re-sources that can be channeled toward long-term growth.
Definity University: Ongoing Educa-tion To Sustain Your Improvement Process Definity University is the training
division of Definity Partners and is designed to assist clients to develop people and drive improvement through comprehensive lean training programs.
Fine tuning people and processes, at every level of the organization is essential for sustaining a culture of continuous improvement. Definity University gives people the skills and tools they need to continually drive operational efficiencies. Participants experience interactive training that is light on lectures and heavy on dynamic exercises. The Lean Certifi-cation Program includes real-world improvement projects, culminating in measurable improvements to existing operational challenges.
Through the new alliance, ERA members gain access and discounts to Definity Partners’ core lean proc-ess educational programs – Lean Simulation Workshop and Lean Certification Program. The new partnership compliments ERA’s existing training services and change leadership resources, and expands the scope of service offerings.
To learn more about Definity Partners and Definity University, visit www.definitypartners.com or contact Tara Amis, Educational Coordinator, at 866.520.2003 or [email protected].
Employers Resource Association Cincinnati: 1200 Edison Drive Cincinnati, OH 45216-2276 Phone: 513.679.4120 | Fax: 513.679.4139 Columbus: 921 Chatham Lane, Suite 111 Columbus, OH 43221-2418 Phone: 614.538.9410 | Fax: 614.538.9420 Toll free: 888.237.9554 www.hrxperts.org
AUGUST 2 0 0 9
Inside this issue: 1 Definity Partners Member Spotlight
2 From the President
3 Survey Update
4 Columbus Connection Employee Hold ‘em Event 5 Upcoming Training
7 Affirmative Action Update
Special points
of interest:
8 Recruit Military Career Fair 9 Member Highlights 10 New Members 11 Legislative Update 13 Member Orientation Programs 14 The Law Review 15 Computer Training Briefing
Definity Partners
It’s the most wonderful time of the
year – because of back to school, you
say? No, because of exciting
changes at ERA!
ERA has launched its new website.
We are thrilled with the changes and
hope you are, too. What, you
haven’t checked it out yet? Please
check it out today at
www.hrxperts.org.
We have renamed our newsletter
“ERA Insight” – Keeping our mem-
bers current and compliant. This is
the first edition in an interactive
format which provides you links to
flyers, pertinent information on our
website, our Partner’s websites, staff
e-mail addresses, and more! We
believe you will find it more user
friendly and easier to navigate.
We have also started an “ERA Up-
date” e-marketing communication
vehicle which is delivered to you via
e-mail every Tuesday (and Thursday
as needed.) It also now links you
directly to our website to learn more
about the events, news, and upcom-
ing training sessions.
We have categorized our service
offerings in 4 main categories:
• HR Answers and Advice
• News and Legal Updates
• Training and Development
• HR Consulting Services
This categorization helps to provide
better clarity on the breadth of ERA’s
HR Service offerings. We truly are
Your One Source for Today’s HR.
We are adding Microsoft Office
training to our already robust training
offerings. You asked for it, and we
listened. Please be sure to attend
our ERA New Service Briefing - in
Cincinnati on September 1st or in
Columbus September 3rd - to learn
more about our partnership with the
Definity Partners’ division, lyteITup!,
in this new venture. You will be able
to register for classes at this time,
too. You can rely on ERA’s reputa-
tion for high quality, real world
training for your technology educa-
tion needs as well.
I also want to personally thank you
for your investment in ERA, and for
allowing us to be your trusted, local
resource for HR advice, news, legal
updates, training, and consulting.
From the President
We are adding Micro-
soft Office training to
our already robust
training offerings.
Please be sure to
attend our ERA New
Service Briefing in
Cincinnati on
September 1st or in
Columbus on
September 3rd to
learn more.
PAGE 2 August 2009 ©ERA
Jennifer Graft, SPHR
The 2009 Policies and Practices
Questionnaire was sent out on
Wednesday, August 19. If you
haven’t received your copy yet,
please contact the Survey Depart-
ment. This year, we are updating
sections 2 and 3 of the survey.
Section 2 covers Holidays, Vacation
Time, and, new for this year, PTO
plans. Section 3 covers health
insurance, health cost containment,
dental and vision insurance, short
and long term disability, life insur-
ance, retiree medical coverage, and
more. The survey has been heavily
revised to accurately capture the
ever-changing healthcare landscape.
These days, healthcare costs are on
everyone’s mind, and it’s important
to know exactly where your company
stands in the market.
This is a long survey, but the results
are well worth it. The report will be
broken down according to company
size, manufacturing, non-
manufacturing, and, for the first
time, we are including a non-profit
breakout.
Also, please participate in the Janu-
ary – June 2009 Turnover Survey.
This short survey provides monthly
turnover statistics for the first half of
2009, broken down by company size,
industry, and geographic location.
Here are the current survey dead-
lines:
• Policies and Practices: Wednes-
day, September 16
• Turnover: Monday, September
14
• The 2009 National Sales Survey
questionnaire will be sent on
Friday, September 11
Please do not hesitate to contact the
Survey Department at 513-679-
4120, toll free at 888-237-9554, or
email Douglas C. Matthews at
[email protected] if you have
any questions about our survey
processes or need assistance with
completing your survey question-
naires.
Survey Update
PAGE 3 August 2009 ©ERA
Healthcare costs are
on everyone’s mind,
and it’s important to
know exactly where
your company
stands in the
market.
Doug Matthews, PHR
What is employee engagement?
Employee engagement is not a “let’s
be happy” program. Employee
engagement is a measurement of our
employees’ level of enthusiasm about
their job and the organization. Do
they feel connected? Are they willing
to put forth that extra level of effort
needed to contribute to the success
of the organization?
Why is this relevant?
According to a Gallup survey, only
30% of the workforce is actively
engaged. Approximately 50% of
employees are meeting the minimum
requirements for their position, but
are not willing to exceed expecta-
tions. The remaining 20% are
actively disengaged. They have
already quit; they just haven’t left
yet.
Most leaders agree that something
needs to be done, but wonder if now
is the right time to focus on engage-
ment. Gregg Lederman, contributing
author to “The Debate Room” in
BusinessWeek (May 28, 2009
edition), gives a most compelling
argument. He wrote, “Do the math.
What if all employees in your
company were engaged and willing to
give the company 15 minutes of
discretionary effort each week? The
ROI would astound you and the
improved customer experience just
might make the difference between
surviving the Great Recession and
thriving in it.”
What next?
Marc Drizin, co-author of Employee
Engagement Fundaments, says that
an organizational commitment to
workforce engagement involves both
a philosophy and a strategy:
• Believe in the impact of employee
engagement on your organiza-
tion’s bottom-line
• Understand your employees’
current level of engagement by
conducting a survey (Click here to
learn more about ERA’s Employee
Opinion Surveys)
• Use the results from the survey to
develop and implement planned
activities that focus on enhancing
workforce performance
Columbus Connection
PAGE 4 August 2009 ©ERA
Are your employees fully engaged, or are they going through the motions? If your employees are following gen-
eral trends or if you’re unsure of the answer, this program is for you. This fun and engaging program prepares
you to improve your employees’ levels of engagement and improve your financials by having a strong “Four of a
Kind.” The goal is to build your hand with the Four R’sTM of Workforce Engagement: Recruit, Retrain, Reward
and Retain.
Register Today! Marc’s presentation sold out in less than 24-hours the last time he was in Columbus.
Join us in Columbus on September 10th to hear more about Marc Drizin’s strategies to enhance organizational
performance using the “Four R’s” of workforce engagement. Click here to learn more.
Employee
Engagement:
Is it just another
“flavor of the
month?”
Employee Hold’em Talent Development
Benefits of Participation
Supervising others is serious
business today, not for everybody
and not to be undertaken unadvis-
edly. This engaging, interactive
program is unlike our other
leadership programs: it exposes
what supervising is all about rather
than focusing on building specific
core competencies. Companies win
when a well-informed employee
moves into this role with eyes wide
open. That new supervisor will be
eager and much more receptive to
learning and practicing good
management habits.
Learning Objectives:
• Understand the macro view of
management and what’s neces-
sary to lead others
• Examine the implications of role
change from individual player to
leader
• Discuss the pros and cons of
supervising others in a culture
where “ME” comes first
• Recognize the many hats to be
worn: communicator, director,
teacher, coach, consultant,
trainer, motivator, performance
manager, delegator and change
agent
• Evaluate personal congruence and
interest in leading by considering
character, intelligence, credibility,
energy, enthusiasm, concern for
people, interest in responsibility,
persuasiveness, responsiveness
and visibility.
About Your Instructor…
Susan Sterritt, SPHR, leads this HR
development program for the
Association. She has devoted much of
her career to developing and deliver-
ing educational experiences, and
brings a wealth of practical HR
management knowledge to this
program.
So You Wanna Be a Supervisor?
PAGE 5 August 2009 ©ERA
Date:
Thursdays, September 3, 10,
17, and 24
Time:
8:30 am - 12:30 pm
(Four session program)
Location:
ERA Cincinnati Office
PHR/SPHR/GPHR
Recertification Credits: 16
CEUs: 1.6
CPEs: Not available
Member Fee: $340.00
*Non-member Fee: $475.00
Member Discount
Register three or more people
at least 14 business days prior
to the program to qualify for a
5% Group Discount. Members
who are paying 14 business
days prior to the program may
also take a 5% Earlybird Dis-
count.
*Pre-payment is required for
non-members.
To register, e-mail
or call 513.679.4120
Who Should Attend?
This program is for those who
are NOT in supervisory roles
but wish to more intelligently
assess their interest in super-
vision.
CANCELLATION POLICY:
Substitutions may be made at any time prior to the first class session. No-
shows or cancellations in writing within 2 full business days will be charged.
Susan Sterritt, SPHR
Benefits of Participation
This class explores the supporting role
of the HR Assistant in the delivery of
HR services to the organization.
Participants are provided an overview
of pertinent federal and state
employment laws. The program
includes guidance on employment
records posting and retention issues,
as well as other key HR areas that
generally fall within the domain of the
Assistant. Participants learn how to
convey good employee relations,
handle questions from management
and employees, and safeguard and
maintain confidentiality.
Learning Objectives:
• Identify specific record-keeping
and posting requirements.
• Introduction to applicable federal
and state employment laws: Title
VII, EPA, ADEA, ADA, FLSA, FMLA
and others.
• Discuss the limitations on employ-
ment at-will and other concepts.
• Develop the skills to support the
entire hiring process: evaluating
resumes and applications,
conducting screening interviews,
administering pre-employment
tests, etc.
• Identify ways to improve new hire
orientation.
About Your Instructor:
Lori Hall, SPHR, has over 15 years of
combined HR experience in the
manufacturing, service, and health-
care industries. She brings expertise
in training and development, em-
ployee relations, benefits administra-
tion, and policy development, from
both employer and employee
perspectives to this program. In
addition to answering “hotline”
inquires, she facilitates human
resource, leadership, and customer
service training programs.
The Role of the HR Assistant
PAGE 6 August 2009 ©ERA
Date:
Wednesday, September 30
Time:
8:30 am - 3:00 pm
Lunch is included
Location:
ERA Columbus Office
PHR/SPHR/GPHR
Recertification Credits: 5.5
CEUs: 0.6
CPEs: 6 management
Member Fee: $155.00
*Non-member Fee: $215.00
Member Discount
Register three or more people
at least 14 business days prior
to the program to qualify for a
5% Group Discount. Members
who are paying 14 business
days prior to the program may
also take a 5% Earlybird Dis-
count.
*Pre-payment is required for
non-members.
To register, e-mail
or call 614.538.9410
Who Should Attend?
Anyone assisting or involved in
the administration of HR tasks
will benefit.
Lori Hall, SPHR
Affirmative Action Update
PAGE 7 August 2009 ©ERA A F F I R M A T I V E A C T I O N U P D A T E
The number of entities covered by the
Affirmative Action regulations, and
therefore subject to the Office of Con-
tract Compliance Programs (OFCCP)
audits, continues to grow. In the last
newsletter, we let you know that the
government has announced that com-
panies which receive money from the
stimulus funds will be subject to the
Affirmative Action regulations and
there will be 450 audits done on those
companies over the next year. Those
audits are in addition to the regularly
scheduled audits planned by the
OFCCP.
Another addition to covered entities
came when the U.S. Department of
Labor Administrative Review Board
recently upheld an administrative law
judge finding that three hospitals that
receive payments from a health plan
for providing medical services to U.S.
government employees are federal
subcontractors and required to comply
with OFCCP requirements. Though
none of the hospitals held a federal
contract, the health plan had a con-
tract with the Office of Personnel Man-
agement to provide health services to
those federal employees, thus making
the hospitals subcontractors. This rul-
ing now means that many hospitals
that previously didn’t consider them-
selves contractors/subcontractors will
be included in these regulations and
must complete Affirmative Action
Plans.
The continuing reach of the OFCCP
means it is very important for compa-
nies to review all of their contracts/
vendor agreements to determine
whether they are with the government
or a government contractor, mak-
ing the company subject to affirmative
action obligations.
E-Verify Update The Department of Homeland Security
has announced it will implement the
Federal Contractor E-Verify regulation,
but will withdraw the Social Security
No-Match regulation. This rule could
take effect as early as September 8,
2009. We’ll let you know as we hear
more, but for now, you can take sev-
eral steps in anticipation of the start
date. You should determine if an ex-
isting or anticipated federal contract is
subject to the new rule; determine
which, if any, current and new em-
ployees will be subject to the new
rule; determine if any exemptions ap-
ply or can be obtained; review or cre-
ate companywide E-Verify and I-9
programs, policies and procedures;
and institute corrective actions where
needed, particularly with regard to
employees with unconfirmed employ-
ment authorizations.
Reminder
The EEO-1 and Vets 100/100a are due
in September.
If we can answer any questions, pro-
vide documents, or assist you in
preparation of your Affirmative Action
Plan, please contact Lori Hall in our
Columbus office at [email protected]
or 614.538.9410, or Carol Reubel in
Cincinnati at [email protected] or
Carolyn Potter in Cincinnati at
513.679.4120.
Carol Reubel, SPHR
The continuing
reach of the
OFCCP means it
is very important
for companies to
review all of their
contracts and
vendor agree-
ments.
PAGE 8 August 2009 ©ERA
RecruitMilitary is hosting a Career Fair in Cincinnati to benefit veterans, tran-sitioning military personnel, members of the Guard and Reserve, and mili-tary family members. This event will be held on Thursday, September 10th, 2009 from 11:00 am – 3:00 pm at Turfway Park, 7500 Turfway Road, Florence, Kentucky. Additional details about this event can be found here. Members of Employers Resource Association who register to partici-pate in the Career Fair as an em-ployer are entitled to a 10% dis-count. To take advantage of this offer, contact RecruitMilitary’s John Lundberg and mention your mem-bership. John can be reached at 513.683.5020 or [email protected]
Recruit Military Career Fairs enable employers to meet a number of highly qualified job candidates in a single day. At a RecruitMilitary Ca-reer Fair, the employer can begin the selection process with what is normally one of the final stages—a face-to-face meeting with the can-didate. If you are planning to hire employees this year, this is an event you won't want to miss — at a price you can’t beat!
RecruitMilitary Career Fair
COLUMBUS, Ohio, August 14, 2009 – Columbus-based investment management and financial advisory firm, Hamilton Capital Manage-ment, Inc., has been named one of the nation’s top 100 firms by Finan-cial Advisor magazine.
The ranking is based on the maga-zine’s 2009 RIA Survey, which gathers data from independent fi-nancial advisors across the country and ranks participating firms by total assets under manage-ment. Hamilton Capital ranked 85th on the list, which appears in the July 2009 issue of the magazine. The firm also was recently named to Wealth Manager magazine’s 2009 Top Wealth Managers list – another ranking of the nation’s top wealth advisors – for the eighth year in a row.
“It’s an honor to be ranked among the country’s top independent firms, because independence and objectiv-ity are two things we and our clients
value so highly,” said Hamilton Capi-tal Chairman and CEO R. Matthew Hamilton. “We believe our Financial Advisor and Wealth Manager rank-ings are a testament to the expertise of our team and the trust our clients have placed in us to help them achieve their goals with sound, inde-pendent financial advice.” About Hamilton Capital Man-agement Hamilton Capital Management is one of central Ohio’s largest inde-pendent, fee-only investment man-agement and financial advisory firms. The company serves an ar-ray of clients, including business owners, professionals and corpo-rate executives, as well as qualified retirement plans and trusts. More information is available at the firm’s Web site at www.hamiltoncapital.com.
HAMILTON CAPITAL
A TOP-100 FIRM IN
NATIONAL FINANCIAL
ADVISOR SURVEY
Congratulations!
Connective Computing Inc.
Founded in 1994, Connective Comput-
ing installs and supports computer net-
works for small businesses throughout
Greater Cincinnati and Northern Ken-
tucky. We help our clients maximize
their return on technology investments
like servers, routers, firewalls and desk-
top PCs. We have the expertise to keep
your business running smoothly and
securely.
In 2004 we added easy-to-use digital
and IP telephone systems to our prod-
uct offerings. Now Connective Comput-
ing can give your small business the
features and security that the big com-
panies have for their computer and
phone systems, all at affordable prices.
(Member since 2009)
LCS - Supernet of Ohio
Headquartered in Cincinnati, Ohio,
LCS-SuperNet provides comprehensive,
industry-leading property management
and accounting software. Originally
written in 1982, “Rent Manager®” is
available as a stand-alone or web-
based product. There are currently over
15,000 residential and commercial
property managers and owners who use
“Rent Manager®” to efficiently and ef-
fectively manage their rental properties.
(Member since 2009)
The Fahey Bank Company
The Fahey Bank was founded in 1865
by Timothy Fahey. In the early years of
the bank, farmers generally paid for
purchases by giving notes payable at
harvest time to the merchants. Tim
Fahey purchased these notes from the
merchants. When the farmers came in
at harvest time to pay off their notes,
they often left their extra funds on de-
posit, and the bank grew rapidly. While
many area banks failed during the De-
pression, Fahey Bank grew and pros-
pered. Throughout its history, Fahey
has emphasized lending to individuals
and local businesses. It continues this
tradition today. Timothy Fahey’s de-
scendents continue to operate the bank
today. The Bank’s current Chairman,
President and CEO, Carl Hughes, is his
great-great grandson.
(Member since 2009)
Member Highlights
PAGE 9 August 2009 ©ERA
Throughout its
history, Fahey has
emphasized lend-
ing to individuals
and local busi-
nesses.
New Members
PAGE 10 August 2009 ©ERA
Correction:
We regret sharing in-
accurate information
on one of our new
members last month.
Here is the correct
version:
GALERIE is located in
Hebron, Kentucky.
Donna Ritchie is the
Director of HR.
3-hab, Ltd. is located in Cincinnati, Ohio. Bob Haines is the Vice President
of Operations.
Apex Restoration, LLC is located in Cincinnati, Ohio. Dan McNeil is the
President.
Connective Computing, Inc. is located in Cincinnati, Ohio. Jeff Driever is
the President.
The Fahey Banking Company is located in Marion, Ohio. Carl Hughes is
the President/CEO and Chairman.
Great Oaks Institute of Technology and Career Development is lo-
cated in Cincinnati, Ohio. Dr. Robin White is the President/CEO.
HealthCare Media Technologies, Inc. is located in Milford, Ohio. Gregg
Wilson is the CEO.
LCS—Supernet of Ohio is located in Loveland, Ohio. David Hegemann is
the CEO.
PSI Goup is located in Cincinnati, Ohio. John Owens is the CEO/President.
The Winery at Wilcox, Inc. is located in Versailles, Ohio. R. Michael Wil-
liams is the President.
Znode Inc. is located in Dublin, Ohio. Vish Vishwanthan is the CEO.
A delighted Jenny Arbino, Director of HR for Balluff, Inc., accepts
her company’s prize certificate from Susan Sterritt. Balluff, Inc.
won the drawing from among those member companies who took
advantage of the recent “20/20” Training promotion. The prize
doubles the number of free public training hours Balluff, Inc. may
use in 2009, from “20 + 20” to forty. Congratulations to Balluff,
Inc.
Balluff, Inc. Wins “20/20” Promotion Prize
There are currently three pieces of leg-
islation under consideration in the Sen-
ate and/or House that deserve particu-
lar attention. All three bills will have a
substantial impact on our membership
and their employees at all income lev-
els.
The Employee Free Choice Act
(EFCA, H.R. 1409, S. 560) is currently
pending in Congress. The specific pro-
visions were outlined in a prior Legisla-
tive Update. EFCA would affect
4,180,000 businesses employing
38,934,000 workers according to a
Heritage Foundation study. The provi-
sion taking away a worker’s right to a
secret ballot has generated quite a bit
of opposition to the Act in its current
form. However, even if the secret bal-
lot provision is removed, an equally
and perhaps more troubling provision
is the ability of the government to im-
pose a two-year contract on newly or-
ganized companies.
After a union organizes a business, the
company has 10 days to meet union
officials and begin collective bargain-
ing. After 90 days, either party may
request mediation by the Federal Me-
diation and Conciliation Service
(FMCS). If the parties have not settled
on a contract or agreed to extend ne-
gotiations, the FMCS will refer the dis-
pute to an arbitration board that will
render a decision settling the dispute
and binding the parties for two years.
This provision will be an incentive for
unions to not bargain in good faith by
making extreme demands and hope
the arbitration panel will split the dif-
ference. The panel could impose wages
and bonuses, employment level, retire-
ment and health care plans, changes in
business operations, promotion proce-
dures, work assignments, subcontract-
ing and the closure, sale or merger of a
business.
There has been some media coverage
of the secret ballot issue and some in
Congress have expressed opposition to
the secret ballot provision. However,
the remaining provisions of bill are
equally, if not more damaging. Senator
Arlen Specter is now floating the idea
of converting the proposed "arbitrator
is free to decide" form of binding arbi-
tration for the initial labor agreement
to a "last best offer" form of contract,
which is what baseball has historically
used in salary arbitration. In this ver-
sion the arbitrator is forced to choose
between the union's proposed contract
and the employer's contract proposal.
Cap and Trade or the American
Clean Energy and Security Act of
2009 (Waxman-Markey) passed the
House of Representatives on June 26,
2009. The battle now moves to the
Senate. The House bill arbitrarily re-
stricts greenhouse gas emissions from
industry, particularly carbon dioxide
from coal, oil and natural gas combus-
tion. The bill “caps” the emissions and
requires emitters to obtain permits or
allowances for each ton emitted. The
Heritage Foundation has completed an
economic study on the affects of the
bill and the results are staggering:
cumulative gross domestic product
losses of $9.4 trillion between 2012
and 2035, net job losses approach 1.9
million by 2012 and could approach 2.5
million by 2035 (even taking into ac-
count so-called green jobs), manufac-
turing job losses accounting for 1.4
million jobs by 2035
Legislative Update
PAGE 11 August 2009 ©ERA
The National Asso-
ciation of Manufac-
turers (NAM) has an
excellent website
with the ability to
generate letters to
your congressional
representatives with
your opinions on
any or all of these
Acts. Click here for
more information.
(Continued on Page 12)
Carolyn Potter
Legislative Update
(Continued from Page 11)
A typical family of four will pay, on av-
erage, an additional $829 each year for
energy-based utility costs, the price of
gasoline will rise by 58 percent, and
average household electric rates will
increase by 90 percent.
Because the effect of the bill will in-
clude massive job and business losses,
it will also increase the national debt
due to lower tax revenues. It is esti-
mated that the net effect will be an
addition of $9.1 trillion to the national
debt or an increased tax liability of
$12,803 for every American.
The alleged purpose of Cap and Trade
is to reduce CO2 emissions. Develop-
ing countries such as China and India
will not agree to cap their CO2 emis-
sions and sabotage rapid economic
growth, so their continued emissions
overwhelmingly offset any reductions
from Cap & Trade. The estimated re-
duction in world temperature as a re-
sult of Cap and Trade is .05 degree
Celsius by 2050 and .2 degree Celsius
by 2100.
The Cap and Trade bill is over 1,400
pages long and received very little at-
tention although it did pass in the
House with a slim margin. The battle
now shifts to the Senate.
America’s Affordable Health
Choices Act (H.R. 3200) has received
the most scrutiny of the three pieces of
legislation. There are numerous provi-
sions of this bill to cause concern. As
currently proposed, the availability of
the public-option coverage could easily
result in single-payer government
health care similar to Canada and Eng-
land. Although President Obama has
claimed that anyone with private insur-
ance may keep it, the effect of the Act
will mandate that insurance policies
provide one-size-fits-all coverage
within 5 years.
The expanded coverage requirements
will drive up the cost of private policies
that would be competing against a
government option that can undercut
premium costs. Individuals could be
fined for not participating and the IRS
code would be modified to allow the
IRS to impose fines associated with the
legislation. If an employer does not
offer health insurance or offers it but
some employees decline it and use the
government option, the employer
would pay a penalty equal to 8% of
their payroll.
Health Savings Accounts would not be
permitted because the insurance cover-
age minimums would not permit cash
for services by consumers for health
care. A Federal Health Board would
prioritize research, approve procedures
and reduce payments for medicines
and procedures.
Additionally, a new $544 billion tax
surcharge would be imposed on small
businesses to pay for health care re-
form.
The net effect of the Act would be to
drive up costs to employers and effec-
tively destroy the private insurance
industry over a period of time. It is
predicted that employers would simply
not offer private coverage and pay the
penalty that would be less than private
insurance premiums. The public outcry
and opposition has been a shock to
Congress as witnessed by town hall
meetings all over the country during
the August recess. The Senate has 3 or
4 different versions of Health Care re-
form in progress, but not a final ver-
sion for consideration.
PAGE 12 August 2009 ©ERA
Columbus Training
PHR/SPHR Certification
Preparation Program will take
place on Thursdays, September
3, 10, 17, 24, October 1, 8, 15,
22, 29, November 5 and 12,
6:00 pm - 9:00 pm
(Eleven session program)
Principles of Compensation
will take place on Friday, Septem-
ber 11, 8:30 am - 3:00 pm
Navigating ADA, FMLA and
Workers’ Compensation will
take place on Tuesday, Septem-
ber 29, 8:15 am - 12:15 pm
The Role of the Human Re-
source Assistant will take place
on Wednesday, September 30,
8:30 am - 3:00 pm
Cincinnati Training
PHR/SPHR Certification
Preparation Program will take
place on Tuesdays, September 1,
8, 15, 22, 29, October 6, 13, 20,
27, November 3 and 10,
6:00 pm— 9:00 pm
(Eleven session program)
Complete Compensation will
take place on Tuesdays, Septem-
ber 1, 8, 15, 22 and 29,
8:30 am - 12:30 pm
(Five session program)
Behavioral Interviewing Tech-
niques for Managers and Su-
perviors will take place on
Thursday, September 3,
9:00 am - 3:30 pm
So You Wanna Be a Supervisor
will take place on Thursdays,
September 3, 10, 17 and 24
8:30 am - 12:30 pm
(Four session program)
To register for classes,
e-mail [email protected]
or call 888.237.9554.
Member Orientation Programs Find Out How ERA Can Work For You!
PAGE 13 August 2009 ©ERA
ERA Staff Members
LORA BLANKEN
JULIE BLANKENSHIP
JIM CARTER
DOLORES CEASE
DAN CHANEY
TOM EBERWEIN
BARBARA ENGLAND
LISA GATI
JENNIFER GRAFT
PATTI GROGAN
LORI HALL
BRANDI HELTON
TERRY HENLEY
SUSAN KUERTZ
JEFF LUCAS
DOUGLAS C. MATTHEWS
RALPH NEAL
CAROLYN POTTER
CAROL REUBEL
APRIL RISEN
SUSAN STERRITT
JERRY YINGLING
ERA Cincinnati Office: ERA Columbus Office: Friday, October 2, 2009 Friday, October 23, 2009 10:00 am – 12:00 (noon) 3:00 pm – 4:30 pm 1200 Edison Drive 921 Chatham Lane, Suite 111 Cincinnati, OH 45216 Columbus, OH 43221 RSVP by 9/28/09 RSVP by 10/19/09 Brandi Helton 513.679.4120 Susan Kuertz 614.538.9410 [email protected] [email protected]
You are invited to the offices of Employers Resource Association where we will host a Member Ori-entation. The orientation will intro-duce attendees to our Board Mem-bers, the ERA teams, and the range of expertise and services that the team has to offer. We have invited our Partnered Ser-vices to set up booths and share with you the discounts and services they provide for our members. We invite you to learn how to achieve a real return on your membership investment.
Why should you attend?
• Meet our Board Members • Get to Know Our Staff of
Professionals • Find Out About ERA Ser-
vices • Meet Our Partnered Service
Representatives
Even if you have been a member for years, you may have staff unaware of the services ERA provides to you. Please take advantage of this pro-gram. Join us to meet other mem-bers, make new contacts, and learn about our new services.
So, what constitutes illegal retaliation un-
der Title VII these days? I’m fairly certain
that we’ve all figured out by now that as
employers, we are not going to get away
with trying to somehow “get even” with an
employee who exercises his or her right to
complain about being harassed or discrimi-
nated against based on race, gender, age,
disability, national origin, etc. After all,
when the United States Supreme Court
decided a few years ago in the Burlington
Northern & Santa Fe Railway Co. v. White
case that Title VII retaliation no longer was
restricted to situations where an em-
ployee’s employment situation was directly
impacted by an employer’s negative ac-
tions, but extended “beyond workplace-
related or employment-related retaliatory
acts”, we all have taken extra care not in
any way to take direct adverse action
against a person we still employ who has
pursued a Title VII complaint some time in
the past. But is that kind of vigilance
enough to keep us out of harm’s way in
this area? Apparently not.
The first example is the 2006 Ohio Court
of Appeals decision in the case of Greer-
Berger v. Temisi. After quitting her job
with Temisi, Tammy Greer-Berger sued
Temesi for sexual harassment. The case
went to a jury, who ruled in the employer’s
favor. After winning the case, Temesi then
turned around and sued Greer-Berger for
malicious prosecution, abuse of process,
and intentional infliction of emotional dis-
tress. Fair is fair, right? In response to the
employer’s lawsuit, Greer-Berger filed a
retaliation charge with the Ohio Civil
Rights Commission (OCRC) and after the
OCRC found retaliation by the employer,
the case was appealed to court and the
Cuyahoga County Court of Appeals ulti-
mately affirmed the retaliation finding. So
it is possible to be found guilty of retalia-
tion for doing something even after your
employee has left your employment.
The next example is the 2008 Sixth Cir-
cuit Court of Appeals (which covers Ohio
and Kentucky) decision in the case of
Hawkins v. Anheuser-Busch, Inc. Cherri
Hill, an employee of Anheuser-Busch, al-
leged that a coworker, Bill Robinson,
sexually harassed her and set her car on
fire in retaliation against her when she
complained. The company not only didn’t
investigate the allegation of coworker re-
taliation, but refused to re-open the in-
vestigation after an anonymous letter de-
tailed several other situations where Rob-
inson sexually harassed and then threat-
ened to retaliate or did retaliate against
those who complained of harassment. The
Sixth Circuit ruled against Anheuser-
Busch on Hill’s retaliation lawsuit, joining
several other circuits in recognizing that
under appropriate circumstances, an em-
ployer can be held liable when an em-
ployee retaliates against a coworker who
complains under Title VII. So an employer
can be also held responsible for what an
employee does in retaliation against an-
other employee.
The Law Review
PAGE 14 August 2009 ©ERA
ERA BOARD OF
DIRECTORS
OFFICERS
*CHAIRMAN
Michael J. Kelley,
Chairman & CEO
Kelvest, Inc.
*VICE-CHAIRMAN
Gene E. Kalhorn,
President
TAPCO Products, Inc.
*TREASURER
Lynn M. Mangan,
Vice President, Client Services
Paycor, Inc.
*SECRETARY
Jennifer M. Graft,
President & CEO
Employers Resource Association
*PAST CHAIRMAN
Daniel R. Kroeger,
President & CEO
Gold Medal Products Company
Leslie Bumgarner,
President/CEO
Telhio Credit Union
Sherry Dancy,
President
The Dancy Group
Sharyl Gardner,
VP, Human Resources
Midmark Corporation
Cynthia L. Gibson,
Attorney at Law
Katz, Teller, Brant & Hild
Dan Knight,
Vice President, HR
Fifth Third Bank
Bill Thiemann,
EVP, Chief Customer Officer
Libby Perszyk Kathman, Inc.
Kelly Turley,
VP Human Resources
The W.W. Williams Company
Robert W. Zumbiel,
President
C.W. Zumbiel Company
* Executive Committee Members
Tom Eberwein, J.D.,SPHR
(Continued on Page 15)
PAGE 15 August 2009 ©ERA
The Law Review
(Continued from Page 14)
The final example is the 2009 Supreme
Court decision in the case of Crawford v.
Metropolitan Government of Nashville and
Davidson County, Tennessee. Vicky Craw-
ford, a 30-year employee of the Metropoli-
tan School District, was interviewed as a
potential witness about another employee’s
complaint of sexual harassment against the
school district’s Employee Relations Direc-
tor. When asked if she had witnessed any
inappropriate behavior, she answered hon-
estly that on several occasions the Director
had made inappropriate sexual remarks,
gestures, or contact with her. Although the
district took no action against the Director,
within a few months of Crawford’s investi-
gation statements, she was terminated and
sued for retaliation. Although the lower
courts found no Title VII retaliation because
Crawford had not complained of a Title VII
violation, but only answered questions, the
Supreme Court ruled in Crawford’s favor on
her retaliation claim. The Court saw no rea-
son to protect an employee who takes the
initiative to report discrimination but not to
protect an employee who reports the same
discrimination in the same words when her
boss asks a question, but has not made a
formal complaint about it.
I don’t know about you, but my impres-
sion is that under the expanded Burling-
ton definition of Title VII retaliation, the
courts are not going to give an employer a
free pass on retaliation just because some
technical argument can be made that the
employer wasn’t the one directly doing
the retaliating. How about you?
ERA recently expanded its partnership with Definity Partners by offering technical education. The courses will be taught by lyteITup!, the technology division of Definity Partners. lyteITup! optimizes business processes, then integrates technology solutions into streamlined processes to drive results throughout the business. Join us at the ERA Service Briefing to learn more about the courses being offered, and to be the first to register for these classes. Cincinnati: Tuesday, September 1 from 8:30 am-10:00 am Columbus: Wednesday, September 2 from 2:00 pm- 3:30 pm For more information, contact Ralph Neal, Vice President, Educational Services at 513.679.4120 or [email protected].
Computer Training Service Briefing
Do you need more information about a program offered by ERA? Would you like to talk to one of our experts in a particular field?
Here’s a list of some of our most popular services, and the main contact person for each of them.
In Cincinnati, please call: 513.679.4120 | In Columbus, please call: 614.538.9410
Cincinnati Columbus
Hotline……………………………………. Dan Chaney Julie Blankenship; Lori Hall
Administration and Posters……….. April Risen Susan Kuertz
Compensation Services…………….. Terry Henley Terry Henley
Affirmative Action Plans……………. Carol Reubel Lori Hall
Employee Opinion Survey…………. Carol Reubel Lori Hall
Customer Satisfaction Surveys….. Carol Reubel Lori Hall
HR On-Site Services…………………. Carol Reubel Lori Hall
Training & Development…………… Ralph Neal; Julie Blankenship;
Brandi Helton Susan Kuertz
Compliance Issues…………………… Tom Eberwein Tom Eberwein
Reference Center……………………... Dan Chaney Julie Blankenship; Lori Hall
Roundtables…………………………….. Dan Chaney Julie Blankenship
Salary and Benefits Surveys………. Douglas C. Matthews Douglas C. Matthews
Membership Development…………. Dolores Cease; Jim Carter Lisa Gati
PAGE 16 August 2009 ©ERA
Employers Resource Association
Cincinnati: 1200 Edison Drive
Cincinnati, OH 45216-2276
Phone: 513.679.4120 | Fax: 513.679.4139
Columbus: 921 Chatham Lane, Suite 111
Columbus, OH 43221-2418
Phone: 614.538.9410 | Fax: 614.538.9420
Toll free: 888.237.9554
www.hrxperts.org
Register For Training Today! See Page 12 For Upcoming Classes.