HRUPDATE

insidePRESIDENT’S MESSAGE // NEW MEMBERS // EVENT RECAPS AND PHOTOS // NEWS & INFORMATION // HR COUCH // INSIDE SCOOP // RECRUITING BYTES // YOUR CAREER PARTNER // SAVE THE DATES

THIRD QUARTER 2012A PUBLICATION OF THE CENTRAL FLORIDA HUMAN RESOURCE ASSOCIATION //////

WH@T TO DO WHEN D!SGRUNTLED EMPLOYEES TAKE T#EIRCOMPLAINT$ TO SOC!AL MEDIA”

%#!@

BOARD OF DIRECTORSPresident Aimee Brun, PHR....................president@cfhra.org

President-ElectJohn Kinloch, PHR..................presidentelect@cfhra.org

Past PresidentAnnette M. Wainey, MA.......pastpresident@cfhra.org

SecretaryKim Ouellette...........................secretary@cfhra.org

Director – FinanceGina Hall, SPHR.................................finance@cfhra.org

Director– ProgramsAmy Couts..............................programs@cfhra.org

Director – Non-Dues RevenueDavid Gentry, PHR....................nondues@cfhra.org

Director – Legislative AffairsPatrick Muldowney, Esq.........legislative@cfhra.org

Director – Diversity & InclusionAmy Lein, PHR.........................diversity@cfhra.org

Director – CommunicationsAna Irving, PHR...........communications@cfhra.org

Co-Director – MembershipJoshua Rubich...................membership@cfhra.org

Co-Director – MembershipLee Ricci, SPHR...............membership1@cfhra.org

Director – HospitalityKathy Akbari, PHR.................hospitality@cfhra.org

Director – CertificationAnne Rollins, SPHR............certification@cfhra.org

Director – College RelationsKeith McCloud, MBA....collegerelations@cfhra.org

Director – TechnologySandra Green, SPHR, MBA.........technology@cfhra.org

Director – SHRM FoundationCharlotte McDonald, PHR...shrmfoundation@cfhra.org

Director – Workforce ReadinessHeather McBride-Morse, SPHR, MBA..........................

workforce@cfhra.org

Arriving back in my office today after the SHRM national confer-ence has me sitting here reflect-ing on what a year this has been. Our profession continues to evolve at a rapid pace and it can feel hard to keep up some-times. The SHRM national con-ference was a great time to hear speakers on a wide variety of topics and network with some wonderful HR profession-als from around the country.

There was so much talk and dis-cussion on social media, tech-nology, healthcare reform, tal-ent wars, and so much more. There was one quote that really stood out to me over the entire conference. It was by a philoso-pher named Theodore Zeldin. He said, “When will we make the same breakthroughs in the way we relate to each other, as we have made in technology?” I think this is an interesting quote with the dynamics that our lives face every day both at work and at home. We all get so busy with our emails, smart-phones, and social media that it can pull us all away from each other and networking. I hope that each of you can take some

time out to re-connect with your other HR professionals here in the community at one of our CFHRA monthly meet-ings, our free member August networking meeting, or over a cup of coffee.

The board has been working hard to bring you great speakers at our events at great locations. We are working hard behind the scenes to update our logo, website, and get our social media presence out there. Please keep an eye on your emails and the website for more exciting updates to come. We hope you will be excited to see our new look.

AimeeAimee Brun, PHRCFHRA President 2012

president’s MESSAGEMESSAGEAimee Brun, PHR

CFHRA strives to provide ongoing value to your membership. Networking is a key component of our chapter’s success. In this feature CFHRA intro-duces you to chapter members from a variety of backgrounds and indus-tries. We hope this offers yet another opportunity for you to grow and network in the HR profession as you learn about your fellow members.

WHERE ARE YOU FROM?Originally, I’m from a small town in the smallest state in the US: West Warwick, Rhode Island. I currently reside in Orlando, where I’ve lived for the past 11 years.

TELL US ABOUT YOUR FIRST JOB.My first position, which I started right out of college, was an Accountant role with a non-profit insurance services organization in Rhode Island, followed by a position in Audit. While working in the Audit Department, I had exposure to all functional areas of the organization, including HR. We conducted an exten-sive HR compliance audit each year, and participating in those audits is when my strong interest in HR developed.

WHAT IS YOUR CURRENT POSITION?My current position is with Disney Institute at The Walt Disney Company. I am a member of the Leadership Team and my role title is Business Analysis Manager.

WHAT PROJECTS ARE YOUWORKING ON CURRENTLY?I have the pleasure of working on a vari-ety of projects that help inform leader-ship about the performance of our busi-ness and support decision-making for our senior leaders.

WHAT IS YOUR FAVORITE PARTOF THE JOB?The first thing that comes to my mind is the people. I work with amazing people! Our senior leaders, my colleagues, our interns – they are all a pleasure to work with. I feel like I’m a part of something special here at Disney Institute. The work is both challenging and exciting.

WHAT IS YOUR EDUCATION LEVEL?I earned a B.S in Accounting and a B.A. in Psychology with a History minor, both from the University of RI. Additionally, I earned an MBA with a Finance concen-tration from Providence College.

WHAT IS A LITTLE KNOWN FACT ABOUT YOU?One funny thing is I really enjoy craft and home improvement projects that allow me to use my power drill.

WHAT LED YOU TO A CAREER IN HUMAN RESOURCES?I currently work in the training and developing industry, and I’ve always had a keen interest in the HR field. In addi-tion to facilitation, including being a Disney Traditions Assistant, I have done a variety of work in compensation and other HR related projects.

WHAT ADVICE WOULD YOU GIVETO SOMEONE NEW TO HUMAN RESOURCES?Find a mentor who can guide you on your career journey. It’s important to continue to learn, so you stay current on what’s happening in your field and the industry in which your business operates. Also, always ask yourself how you can add greater value. Find ways to expand your contributions to elevate the perceived and real value of your role and depart-ment. Be a more valuable strategic part-ner to other functional areas, which will help move the business forward.

COMPLETE THIS SENTENCE: I’VE ALWAYS WANED TO LEARN OR DO THE FOLLOWING...I’ve always wanted to work in an HR role.

HOW HAS CFHRA HELPED YOU ACHIEVE SUCCESS?I just recently joined. Attending CFHRA monthly meetins have given me the opportunity to meet some interesting professionals in the field.

WHAT DO YOU HOPE TO GET FROM YOUR CONTINUED INVOLVEMENT WITH CFHRA?I hope to meet HR professionals in the area and expand my knowledge of HR, while enjoying the programs offered by CFHRA. I would also like to challenge myself by pursuing the PHR certification and plan to take advantage of educa-tional opportunities offered by CFHRA to help me achieve that goal.

Here’s the Inside Scoop on CFHRA Member LYNNE LOMBARDI:

“ I recently joined CFHRA. Attending CFHRA monthly meetings have given me the opportunity to meet some interesting profession-als in the field. ”

// LYNNE LOMBARDI

COMING UP!

SEPTEMBER 18

½ DAY BENEFITS UPDATE

PROGRAM

8:30 – 9:30 Glen Evelyn

The Future of Healthcare

9:45 – 1-:45 John Lacy

Wellness Programs

11:00 – 12:00 Pat Nelson

Understanding How HCR Impacts your Organization

11:00-12:00 Michael Heald & Keola Elobt

Pension Tension

HIGHLIGHTS OF BREAKOUT SESSIONS

Glen Evelyn “As Healthcare Reform (HCR) continues to

develop the landscape of a new healthcare delivery

system in the United States, we now understand the

many unintended consequences of implementing this

signifi cant law.” Glen Evelyn, Florida Area President and

practice leader of Gallagher Benefi t Services (GBS), will

be speaking on the Future of Healthcare and how to plan

for this new environment.

Pat Nelson “The goal will be to ensure seminar attend-

ees understand reform impacts on their organizations,

HR decisions, and benefi ts programs, as can best be

determined.” Pat Nelson, Regional Head of Strategic

Accounts for AvMed Health Plans in South Florida

John Lacy “Strategies and education are needed to

stop the trend of unhealthy Americans and escalating

medical costs.” John Lacy, Vice President in the Em-

ployee

Benefi ts Department of Bouchard Insurance

Michael Heald & Keola Elobt “We understand that

your employee benefi t plans not only provide benefi ts to

your current employees - they can also be a crucial

factor for recruiting and retaining quality staff members,

while playing a signifi cant role in your tax strategy. Given

the complexity of today’s business environment, it is

important for human resource professionals to under-

stand the compliance and fi duciary responsibilities in

managing employee benefi t plans.” Michael Heald,

Partner - Cross, Fernandez and Riley, LLP; Keola Elobt

- Principal Financial Group

SPEAKER SPOTLIGHTS SPEAKER SPOTLIGHTS

COMING UP!

AUGUST 21

NETWORKING EVENTHave Fun! Meet Fellow HR Members!

THANK YOU!Thank You to all our Spotlighters who sponsored

our CFHRA meeti ngs in April, May and June!

Event RECAPSRECAPSAPRIL 2012

MAKING SENSE OF SOCIAL MEDIA Curtis Midkiff, SHRM

SHRM’s Director of Social Engagement, Curtis Midkiff, shared his knowledge in an engaging and real way of how social media is affecting Human Resources deci-sions, recruiting, company culture and more.

There are some no cost advantages of using social media platforms for employee and future employee engagement. Not only does it assist with recruiting new talent, it helps showcase and blend company brands. On the opposite spectrum there are risks to using social media such as employee productivity, lia-bility and technical issues that can all affect the business cycle.

The use of a social media policy has been helpful for many companies to guide employees in the proper use of the various outlets. It helps to manage risks by having a policy to fall back on. When creating a new policy, be sure to speak with all departments to understand their knowledge and need for social media in their division. It would be ideal to not roll out a social media policy via email but perhaps at a companywide meeting so that it can be presented in a positive but clear way.

Some of the newer social media websites that HR professionals can use include: www.socialmention.com, www.glassdoor.com, www.search.twitter.com, and www.socialnomics.com. Another great resource to review other business social media policies is http://socialmediagovernance.com/policies.php.

Curtis left us with a few great tips to embrace social media in the work-place including:

1) find those employees that use social media to be companychampions

2) create a community place/blog for sharing

3) lead and engage employees in addition to rewarding and thanking them through your chosen social media outlet.

Guest contributing article by:Kathaleen Emery, MBA, PHRDirector of Career Services

DeVry University4000 Millenia Blvd.Orlando, FL 32839p: (407)226-6491f: (407)226-6413kemery@devry.edu

Curtis Midkiff, Director

of Social Engagement for

SHRM, discussed “Making

Sense of Social Media as a

Tool for HR Professionals”

at CFHRA’s April 2012

chapter meeting.

On March 7, 2012, Human Resources professionals from all over the country converged on Capitol Hill to meet with their state representati ves. Even the loudest among us were quiet walking the hallowed halls of this great symbol of American democracy. Though Senators Marco Rubio and Bill Nelson were unavailable, we had the opportunity to speak with their offi ce leaders about pending legislati on aff ecti ng the employers we work for and the employees we represent.

Inti midati ng? You bet, for a fi rst-ti mer like me! But it was also inspiring and empowering. To think that any one of us can bend the ear of our country’s decision-makers seems so foreign – yet is as American a right as any that we have, made all the more important in this politi cal climate.

The 2012 electi ons undoubtedly will be decisive in American politi cs. With a president seeking re-electi on, the control of Congress up for grabs and a stagnant economy, American voters are ready to head to the polls, and so should HR professionals!

HR issues dominate the policy agenda. Making sure that your voice is heard is imperati ve to ensuring Congress enacts laws that make sense and help organizati ons bett er manage them-selves. So, what can you do? SHRM suggests these fi ve simple steps:

Get Informed – Educate yourself about the seats that are open and the candidates who are running for them. Know the issues and what they mean for you as an HR professional. Make

sure you know what your rights are in your state as a voter and ensure you’re registered to vote.

Get Acti ve – Be part of the process! Start your own “Get Out The Vote” campaign at your worksite. As an HR professional, educate those in your workplace about the importance of voti ng.

Get Involved – Once you know the issues, raise your voice! Write a lett er or make a call to your elected offi cials on an HR issue that is important to you. Visit SHRM’s Advocacy site, www.shrm.org/advocacy to learn about pending legisla-ti on that could impact how you do your job.

Bett er yet, consider joining the SHRM Advocacy Team. The “A-Team,” as it is commonly known, was developed to ensure when lawmakers develop workplace policy, the voice of Human Resources is heard via local networks

of SHRM members who best understand how public policy aff ects employees, employers and the HR profession.

Get Moti vated – SHRM’s Have A Voice site, www.haveavoice.shrm.org will help you and stay moti vated and make the electi on season fun – from “I Voted” contests to naming the HR issues that moti vates you

to speak out. Visit the site oft en to see what new opportuniti es are available.

Get Out To Vote! – The most impor-tant element of all. When November 6, 2012 rolls around, you’ll be pre-pared and moti vated to head to the polls and cast your vote!

LEVERAGING HR’S VOICE INTHE 2012 ELECTION YEARSHRM content, with additions from Anne Rollins, SPHR, Certification Director and HR Manager AVCON, INC.

2012 Legislative Issues

Affecting Human Resources

Health Care Reform•

Labor-Management Relations•

Tax Reform & Defi cit Reduction•

Workplace Flexibility/Leave Benefi ts•

Employment Verifi cation•

Anne Rollins on Capitol Hill with SHRM Executi ves (from right)

Bob Carr, Senior Vice President of Membership, Mike Aitken,

Vice President of Government Aff airs and Henry Jackson,

Chief Executi ve Offi cer.

B tt t id j i i th SHRM

Event RECAPSRECAPSMAY 2012

FROM CRISIS TO CONFIDENCELONG TERM UNEMPLOYMENT

At our May CFHRA Meeting guest speakers Roger Lear of Orlando Jobs and Ann Robbins of Newland Associates, presented an uncompro-mising, fact filled seminar based on today’s’ real world situation faced by many unemployed Americans.

The presentation launched with the startling pictures of the recent tor-nado destruction and devastation faced by many recently hit Southeast American cities. This served to set the stage for what our fellow Unemployed are facing daily: loss of home, family, comfort and confidence.

Roger used statistics readily found on the Dept. of Labor website; to underpin the discussion. • The number of long-term unem-ployed (those jobless for 27 weeks and over) was little changed at 5.1 million in April. These individuals made up 43% of the unemployed” with older workers ( those aged 50 or older ) representing a larger share. • Reports for unemployment in Central Florida broadcast at 8.6%. When analyzing the actual numerical figures for the month of March 2012 – Central Florida’s workforce was, 1,113,941 with 1,018,209 employed. Of this number 95,732 are unem-ployed. A disturbing number!

Source: Local Area Unemployment

Statistics (LAUS) Bureau of Labor

Statistics (BLS)

The question of whether we have a Crisis was raised and answered by analyzing Cyclical Unemployment vs Structural Unemployment. In the past Florida has been a candidate for Structural Unemployment where the skills of the available talent pool does not match what employers require. However, once again data is projecting job growth in the area of Hospitality but critically behind in the Professional Managerial sector. Confidence?

During the second portion of the meeting, Ann Robbins reinforced key points adding that from “January ‘08 – February ‘10 – Loss of 8.8 Million Jobs” or people lost their jobs.

Further discussion on the Emotional Impact, Job Seekers experience:

• Repeatedly Rejected or Ignored• Feel a Loss of Self-Respect and Self-Worth• Feeling of Hopelessness, Depression• Financial Stress; Loss of Control• Inability to Maintain the Image Needed for an Effective Job Search• Fear of Explaining Gaps in Resume• Fear of Becoming Unemployable

How you can help yourself! Become a Career Activist!

• Prepare• Network, Network, Network• Be Open• Build a Story• Don’t apologize for being unemployed• Develop Opportunities vs. Chasing Openings• Cast a wider net• Broaden your Horizons

nt

Event RECAPSRECAPSJUNE 2012

PROVIDING FINANCIAL LITERACY TO YOUR EMPLOYEES

CFHRA was pleased to host John Winemiller, Certified Financial Wellness Educator at its June 19th Breakfast Meeting at First Presbyterian.

John Winemiller began a serious seminar on the provision of Financial Literacy to your employees. Definition of Financial Stress and what constitutes Financial Stress on employees and how this impacts an organization was discussed.

John stated that research reveals that employees under Financial Stress were more than likely wanting their employer to help out.

Causes for Financial distresscould be:

1. Life Events 2. Financial Literacy 3. Psychological Factors 4. Income Stagnation

Employers should communicate via personal interactions, annual enrol-ment periods and Teaching moments.

Why should Employers care?

Employer Responsibility• Department of Labor regulations• Expansion of the definition of • “fiduciary”Prudent Man Standard of Care•

John left us with various methods to implement Literacy and addressed the importance by stating “The Bottom Line: Most plan spon-sors have the fiduciary responsibility to act in the best interest of their par-ticipants, but most plan sponsor fidu-ciaries have no idea how much they are on the hook.”

John Winemiller, Certifi ed Financial Wellness

Educator, discussed “Pro-

viding Financial Literacy to

Your Employees” to CFHRA

members at the June

meeting.

SAVE THE DATES! Upcoming Meetings and Events

AUGUST 21Networking Nightat Dave & Busters

AUGUST 23PHR/SPHR FallStudy Group StartsFord & HarrisonDowntown Orlando

AUGUST 27-29HR Florida Conference& ExpoRosen Shingle Creek

SEPTEMBER 181/2 Day Benefi ts Update

OCTOBER 16Executi ng HR with Dignity

CFHRANEWS & INFORMATIONNEWS & INFORMATION

GOOD NEWSCongratulati ons for our very own Dave Gentry, Director of Membership and COO of Winter Park based Fringe Benefi t Plans. Dave was interviewed in the June 28, 2012 Issue of the Orlando Business Journal. “4 things about health reform your business needs to know” by reporter Abraham Aborava.

Subjects covered…• Equality under the law: The health reform law requires that companies that off er a Cadillac health plan to executi ves and a Geo Metro to employees must equalize the two. While the provision has been law since passage, there hasn’t been any penalti es for doing this or a way for the federal government to make sure companies are compliant. Today’s ruling assures that those rules are coming.

• The cost equati on: Companies may be looking at the cost of providing health insurance compared to the penalti es for failing to do so and deciding whether to drop coverage. Keep in mind, though, that it’s a double-edged sword: If you drop penalti es, you’re also dropping the tax benefi ts that come with that, in additi on to paying the penalty. Not to menti on to moral and recruiti ng issues that come with.

• Exchanges: Florida has been dragging its feet in implementi ng a health insurance exchange, which is designed to help small businesses buy aff ordable health insurance coverage. With the law’s legal questi ons sett led, it could mean Florida will either have to double up on eff orts to get an exchange up and running or allow a federal exchange.

• The ulti mate questi on of health reform isn’t fi nished yet: There are November electi ons that could impact the law’s implementati on. And Congress will, at some point, have to handle the U.S. debt issues, which could strip the law of money for implementati on.

NEWSLETTER CONTRIBUTOR Are you the official photographer for your family outings? Do you like to keep a journal? We are looking for aspiring photojournalists to document our many CFHRA events throughout the year. Contributors will provide coverage of an assigned event in photographs and a one-paragraph summa-ry covering the “who, what, where and when” of the occasion.

Volunteer once or as often as you would like! Please contact Ana Irving at communications@cfhra.org for details. Interested in volunteering with CFHRA? Please contact President-Elect John Kinloch for more information about our many opportunities at presidentelect@cfhra.org.

HELP WANTED

CONGRATULATIONS!Spring 2012 Certi fi cati on StudyGroup Results

SPHR CERTIFICATIONHeide BostelmannCheryl BrownAshakia GibsonTodd Whisenant

PHR CERTIFICATIONRyan CrainJudy GeorgeCynthia HumphriesBrandon JohnsonDonna PoteatDavid Rietsema

Have a new job? Completed a degree? Had an arti cle published? If you have good news you would like to share with other members of CFHRA, please email communicati ons@cfh ra.org or complete and return the Good News Form found on the homepage of www.cfh ra.org.

We are oft en asked by our clients where we see the next phase of Human Resources as a value-add propositi on. “Personnel” is out, being reinvented as “Human Resources,” having a more holisti c approach to human capital. We’ve had our turn at “having a seat at the table,” as strategic infl uencers (yesterday’s news) to becoming a “pro-acti ve business partner,” providing HR soluti ons to internal clients (today’s headline).

We think there’s something else afoot: the HROperator. This next wave of HR leaders will sit with the operators and know how to eff ecti vely integrate strategic HR systems into day-to-day business operati ons. The HROperator is diff erent from today’s HR “fi eld man-ager” who is aligned with a parti cular business unit, yet reports back to the centralized HR core functi on and is reliant upon it for directi on as to how to execute HR strategies and ulti mate decisions such as compensati on adjust-ments, employment terminati ons and the like.

Rather, the HROperator is a highly seasoned HR professional reporti ng directly to the operati onal unit leader with perhaps a dott ed line reporti ng relati onship to a centralized HR functi on, if any. Thus, the operati onal unit leader is getti ng more “bang for his buck” by having another decision-maker on the team who does not have “to check with

HR” for the answers to operati onal “people” issues.

How does this work? To start, recall the “imbedded” news reporter assigned to a specifi c military unit headed into Iraq. Yet this new HR leader does not sit as a observer who reports as the world goes by. In this analogy, the HROperator’s role is strategic in aligning human capital with the mission with tacti cs. The HROperator is linked to fi eld command. S/he can also pick up a gun if need be.

Looking at the Central Florida landscape, we can see such roles within the att rac-ti ons with HROperators imbedded in retail or food and beverage operati ons.

Resort hotels may have an HROperator imbedded in the rooms division or culinary operati ons.

And what are the required skill sets for this next wave of HR leaders? We see important characteristi cs as a teacher, as a coach and as a decision-maker. Highly learned, the HROperator fully under-stands the key “Rs” att ached to today’s human capital value-add propositi on: Risks, Recruitment, Retenti on, Rewards and Results.

Risks: The HROperator understands the risks, both internal and external, chal-lenging today’s workplace. The HROpera-tor can readily provide leadership and directi on with respect to nascent

employment discriminati on issues, legal compliance, FMLA wage and hours issues and other concerns that may result in legal claims if not identi fi ed early and resolved quickly. Yet no need to call HR Central because the HROpera-tor is already there on the ground to provide guidance. If ti me is money, then quick, yet competent, decisions are bett er. Outside resources are brought in as a last resort thereby saving ti me and expense. Recruitment: Because the HROperator works within the operati onal unit, talent identi fi cati on becomes simplifi ed. The HROperator, knowing the skills required by the unit, att ends job fairs and can make on the spot hiring decisions. Candidates sourced via internal or external recruitment functi ons will be screened by the HROperator, thereby streamlining today’s centralized employ-ment functi on. Hiring decisions regarding key talent will be made in full partner-ship with the hiring manager thereby eliminati ng the fi nger-pointi ng we oft en see in today’s environment when hiring decisions turn out badly.

Retenti on: Because the HROperator works with operati onal employees, the HROperator knows their needs and wants. The HROperator can design the necessary employee communicati ons and employee relati ons systems to deliver the “aft ercare” criti cal to building the organizati onal trust and feedback

HROperator:HROperator:THE NEXT HR LEADERSHIP MODEL?Rick Larson

// CONTINUED >

essenti al for long term employment relati onships within the business unit. An important element is to provide the conti nuous learning environment required for career development and organizati onal improvement.

Rewards: When you know your people, you know what they want. Some folks like ice cream, some folks like cash. Diff erent strokes for diff erent folks, as the saying goes. But if it works, that’s the key. The HROperator will know what moti vates employees because s/he’ll ask the questi on. Thus, individual rewards are customized and aligned with individual performance.

Results: The HROperator can read a P&L statement and as a result will know which way the wind is blowing before having to be informed by quarterly fi nancial statements. The benefi ts in terms of staffi ng and labor hours are obvious.

Beyond labor considerati ons, the HROp-erator’s value to the business unit’s decision-making process grows as s/he becomes fully immersed in the business from managing risks to identi fying new talent to driving the bott om line.

What about this environment is which the HROPerators work? We see tech-nology conti nuing to invade HR World. Manual tasks will conti nue to be gobbled up by technology. Think “E-Verify,” online applicati ons and online training.

And that’s just the beginning. And, we see more outsourcing of payroll and benefi ts with online career tools replacing corporate trainers.

How will the HROperator survive and even fl ourish in a world of diminishing resources allocated to the “people” side of the business? We see three compel-ling components to the HROperator functi on that make it criti cal to the business functi on unit (and thereby less likely to be laid off ):

1. The human capability to make smart people-related decisions and resolve issues sooner rather than later.

2. The human ability to build ongoing relati onships with every employee within the business unit, thus being able to “cut to the chase” to determine soluti ons that really work.

3. The human ability to win organiza-ti onal trust with the people who really count; i.e., all those who invest their work lives in the business unit. Note the word human. The HROperator is a smart, criti cal-thinking, highly educated human being, not a robot or android, not a matrix or a system, not a manual or a textbook. Replace the HROperator to the peril of the business.

Does our HROperator model suggest the company will be populated by HR professionals having no insti tuti onal loyalty and armed with the fl exibility to “break the rules” to please business unit GMs? Not at all. It simply means that we have a highly decentralized HR model that is lean, nimble, smart and delivers real world soluti ons quickly that are aligned to core HR principle best practi ces.

Note: we will assume that the HROp-erators will talk to one another. share practi ces and maintain a coherent overarching HR strategic vision.

The HROperator is not an entry level positi on. More likely, we see this functi on as a career capstone role similar to that of a director or vice president role in today’s world, requir-ing many years of work, study and learning across the enti re HR world, while mixing in a healthy understanding of legal compliance and risk manage-ment (it is, aft er all, people who cause risk). By the ti me the HROperator assumes the role, there will be litt le in the world of HR that s/he has not competently handled during his/her prior career.

The HROperator is a good resource person to have in a pinch. S/he can not only resolve “people issues,” but is good at bussing tables or resolving customer complaints when it’s all hands on deck. The HROperator will most likely be the fi rst HR senior level leader not to seek the big offi ce with window. (When your work tools are your smart phone and walking shoes, you can duck into a warehouse cubby for your “coaching” sessions.)

How far off is this HROperator model? We believe it’s almost here. With a problemati c world economy, the constant demand to squeeze out more profi ts (and eliminate more labor) and the conti nuing absorbing of human labor by technology, the HROperator model becomes increasingly att racti ve to the CEO looking for a more effi cient HR functi on. Today’s HR manager can either prepare to hop on a speeding train or get run over by it. Either way, HR World is changing, fast. We think the long-term HR survivors will look a lot like the HROperator we forecast.

HROperator, cont.

Brokerage, investment and financial advisory services are made available through Ameriprise Financial Services, Inc. Member FINRA and SIPC. Some products and services may not be available in all jurisdictions or to all clients. Ameriprise Financial cannot guarantee future financial results.

© 2012 Ameriprise Financial, Inc. All rights reserved.

The first step in reaching yourgoals is reaching the personwho can help you achieve them.

Putting the needs of my clients first is the approach I believe in. I’ll work with you to find the right financial solutions to help you plan for your unique goals. And together, we’ll track your progress over time, adjusting your plan along the way to help get you where you want to go.

Our Advisors. Your Dreams. MORE WITHIN REACH®

Ali R Shahnavaz, MBAFinancial Advisor

Call me today at (407) 833.2300

1525 International Pkwy Ste.4021Heathrow, FL 32746

(407) 833-2300 Ext. 217

alireza.x.shahnavaz@ampf.com

http://www.ameripriseadvisors.com/alireza.x.shahnavaz

NEW MEMBERSMEMBERSAPRIL / MAY / JUNE 2012

APRILLaurie Asbury Stacey Avery Kris Buse Angela Ford Melanie GaylordJason LoganLaurie Pilia Nancy Santoro Jill-Capri SimmsJonathan SnyderKatherine Wittenberg Nancy Young

MAYVerdene Anderson Joe Berlingeri Keith Bourkney Jacque Buchanan Deborah Coan Patricia Collins Sarah Dole Andre Gucailo Louis King Lindsay MaysRichard Nagel Wanda RileyJennifer Rockafellow Mary Secrest Dianne Tighe Casi Young

JUNE

Joann GammichiaCharmaine Green Amy Guy Thomas Hamil Michael Jennings Kent Keoppel Lynne Lombardi Leslie Malfitano Denise MattsonJennifer PersaudBrandi Reeves Anthony Sarnow Stacy Timm Denise Waul Thom Webb

welcomewelcome

6 STEPS TO STARTING YOUR6 STEPS TO STARTING YOUROWN HR BUSINESSOWN HR BUSINESSAmy Couts, Programs Director and HR Guru / MyOwnHrGuru.com

I recently received a LinkedIn request from a fellow CFHRA member, telling me that she had became a stati sti c. Aft er many years with the same company, she had been laid off because her job had been out-sourced. It’s a prett y common story here in Central Florida, even though the recession is “offi cially” over. Businesses are sti ll looking for ways to stay….well, in business. Outsourc-ing HR services has become one of the common cost-saving soluti ons for small, medium, and large compa-nies alike.

So, what are your opti ons? Although there are plenty of HR jobs posted (according to Indeed.com, there are currently ~48 in Orlando), there are also a lot of unemployed, underem-ployed & unhappily employed HR Professionals in Central Florida. If you’re able, perhaps relocati on is an opti on, since LinkedIn has changed our ability to network successfully from afar. Another opti on, suggest-ed to me by a friend, is to become an HR consultant. I was a litt le inti mi-dated by the idea at fi rst, but aft er doing some research, decided this was my next job!

1 – Focus on a specifi c area of HR As an HR professional, you have to be everything to everybody, but a potenti al client that’s not familiar

with the HR world doesn’t know that. You have to decide what you’re passion-ate about, what you’re good at, and make that your focus. Remember, you will be selling yourself, your skills, abiliti es & experience, so you need to love to talk about it. You can pick a specifi c HR discipline, an industry you want to focus on, or a type of business. Search online for HR consultants, PEO’s and HR service providers to get some ideas.

2 – Brand yourself and your businessNow that you have an idea of what HR services you want to provide, you need to come up with your company and domain name. A lot of HR consultants use their own names (Gina Hall HR Consulti ng/ Robert Newland & Associates). I wanted to do something a litt le more creati ve, and didn’t cause pronunciati on confusion. Here are some ti ps for coming up with your company name: www.entrepreneur.com/arti cle/223694. Just make sure the matching domain is available at www.godaddy.com.Next, you need to purchase the domain, create a logo, design the site & order business cards. The logo and

site design are extremely important since they represent you and your company, so I recommend spending the money to have it done right. The company I used to purchase the domain and help me with the design is Serendipity Technology (www.serendipitytechnology.com.) I ended up buying my business cards at www.zazzle.com because they have a lot of really beauti ful designs available. If you want to try your hand at creati ng your own logo, try www.logogarden.com.Last, but not least, you need to create business pages on Facebook, LinkedIn, Google+, Twitt er and any other social network or site you can think of. Even if you don’t Tweet, and never will, this will help with something called Search Engine Opti mizati on (SEO). This means that the more Google can fi nd your business name out there on the Internet, the more likely you will come up at the top of the list when someone is searching for HR service providers in Orlando, FL.

// CONTINUED >

3 – Become legitI have to give credit where credit is due. Although the effi cacy and effi ciency of our federal government could be de-bated, I am very, very impressed with the leaps and bounds they have made at improving their Internet presence. The Small Business Associati on website (www.sba.gov) is actually quite useful, and I encourage you to go to their site, as well as visit the local offi ce. You’ll learn all you need to know about making your business a legal enti ty. You will also need to decide how to structure your business (an S-Corporati on or LLC, for example). It can be confusing, but there are some good arti cles and resources available online, or you can get help from a company that was recommended to me (www.nevadacorporateservices.com.)

4 – Network, network, networkNetwork in-person – Become involved in as many local organizati ons as possible, att end meeti ngs, symposiums & events. (For example, chamber of commerce, ASTD, CFEC.)

Network Virtually – Make it a goal to have 500+ contacts on LinkedIn, and make sure you send a LI request to those you meet in person. Once you have your business pages set up on Google+, Facebook & Twitt er, you will also want to fi nd ways to connect there as well.

Network Creati vely – Off er to write guest blogs or arti cles (like this one!), contact other HR consultants who can be a mentor, and fi nd ways to connect with as many people as possible. Volunteer your ti me, either in an HR-related organi-zati on or be a part of something else you’re passionate about.

5 – Be usefulCreate a reason for people to contact you. Don’t give away all the milk, since they’ll have no reason to buy the cow, but don’t be afraid to off er a litt le free advice. Take all that great HR knowledge you have and share a litt le through arti cles geared to your clients needs. They’ll begin to see you as a resource.

Post the arti cles on your social networking pages and your website, and create a newslett er to send out at mailchimp.com. Start with the contacts you meet when networking, and make sure what you’re sending not only keeps them from opti ng out, but spurs them into acti on so they will contact you when they need HR help.

6 – Be willing to step outside of your comfort zoneNeed I say more? Good luck, and remember that you get to decide who you are, and who you are going to become!

6 STEPS TO STARTING YOUR OWN HR BUSINESS, cont.

On May 14, a federal district court in the District of Columbia held that the Nati onal Labor Relati ons Board (“NLRB” or “Board”) lacked the requisite authority when it adopted a rule designed to shorten the ti me for union representa-ti on electi ons. (Chamber of Commerce v. NLRB, Case No. 1:11-cv-02262-JEB (D.D.C. May 14, 2012)). Specifi cally, U.S. District Judge James E. Boasberg concluded that the rule was invalid because less than three members of the statutorily-consti -tuted fi ve-member Board voted on the adopti on of the fi nal rule.

The Board published a fi nal rule in December 2011 that amended proce-dures for union representati on electi ons so as to speed up the ti me frame for when electi ons take place and preempt many pre-electi on challenges by employers. Employers typically are unaware of a union organizing cam-paign at their facility – which may have been going on surrepti ti ously for months – unti l a union fi les a certi fi ca-ti on peti ti on with the NLRB. By speed-ing up the electi on process aft er the peti ti on is fi led, employers lose ti me they believe necessary to get their positi on opposing unionizati on out to workers in a proposed bargaining unit, as well as to address what they perceive as misinformati on that the union has spread prior to the fi ling of the certi fi ca-ti on peti ti on. Thus, employers – and unions – believe that shorter electi on campaigns increase the possibility that a union will win an electi on, and for that reason, a number of employer groups vocally opposed the new rule from the ti me it was fi rst proposed.

The U.S. Chamber of Commerce and the Coaliti on for a Democrati c Workplace fi led this lawsuit in the United States District Court for the District of Columbia shortly before the adopti on of the rule seeking to invalidate it on a number of grounds. Both the Plainti ff s and the

Board subsequently fi led moti ons seeking summary judgment in their favor. Judge Boasberg ulti mately granted the Plainti ff s’ moti on and denied the Board’s moti on.

While noti ng that the Plainti ff s had challenged the rule’s validity on a myriad of procedural and substanti ve grounds, Judge Boasberg focused on the Board’s lack of a quorum when it voted to adopt the fi nal rule. Specifi cally, he noted that only two of the three members then on the Board actually voted on the rule. The third member, Brian Hayes, while indicati ng his oppositi on to the rule throughout the Board’s rulemaking process, never voted for or against formal adopti on of the fi nal rule, nor did he affi rmati vely abstain from the vote or otherwise indicate that he had consid-ered the rule when it was circulated electronically for vote immediately prior to being published. (Ironically, in his declarati on submitt ed on behalf of the NLRB, Member Hayes stated that he did not address the vote because he did not believe any further parti cipati on was necessary aft er parti cipati ng in two prior procedural votes clearing the way for the rule’s adopti on.) The court viewed Member Hayes’ failure to indicate any considerati on of the request to vote on adopti on of the fi nal rule as a failure to – as the court phrased it – “show up” for the vote, thus invalidati ng the vote.

Judge Boasberg rejected the Board’s argument that Member Hayes’ two prior votes relati ng to procedural issues regarding the fi nal rule could be relied upon to establish a quorum for the vote actually adopti ng the rule. The court also rejected the Board’s argument that Member Hayes should be counted toward meeti ng the Board’s quorum requirement because the Board had circulated the fi nal rule to him for a vote electronically. Lastly, the court found that Member Hayes’ issuance of a

dissenti ng statement months later did not cure the failure to have a proper quorum at the ti me of the vote.

The court recognized that the narrow procedural ruling might be “unsati sfying” to the NLRB, as well as to employers and employees who may be aff ected by the new rule, and it emphasized that the ruling “need not necessarily spell the end of the fi nal rule for all ti me.” It conclud-ed, however, that “as the fi nal rule was promulgated without the requisite quorum and thus in excess of [the Board’s] authority, it must be set aside.” This so-called “Quickie Electi on” rule was enacted hasti ly before the term of one of President Barack Obama’s recess appointments to the Board expired. In January 2012, President Obama made three new recess appointments to the Board to bring the Board to its full compliment of fi ve members; however, the validity of those appointments remain an issue of contenti on – indeed, one of those recess appointments recently resigned from the Board amid accusati ons that he had leaked sensiti ve informati on to a former adviser to Mitt Romney’s presidenti al campaign. As a result, even if the current Board were to att empt to re-promulgate the new electi on rule, there remain a variety of procedural and substanti ve issues that may hold up the rule going into eff ect any ti me soon.

In response to the D.C. federal court’s decision, the Board temporarily sus-pended the implementati on of the new rule, which had gone into eff ect on April 30, 2012. One can expect, however, the Board to appeal the district court’s decision and possibly seek a stay of the court’s order pending the appeal. Barring a stay or reversal, electi ons will be conducted under the previous, less-streamlined electi on rules. Stay tuned . . . .

D.C. FEDERAL COURT STRIKES DOWNNLRB “QUICKIE ELECTION” RULEPatrick M. Muldowney, Esq., Director of Legislation

A member of your staff posts on his coworker’s wall, “You should have seen the nasty mess in the offi ce today . . . . Again . . . . I sure wouldn’t want my dog sleeping in that. My stupid, lazy boss told me to clean it up, and it wasn’t even my mess. I’m not doing that again. I don’t care if I get fi red.” Can you discipline the employee for posti ng damaging remarks about your company for the enti re world to see? Maybe not.If you are an employer considering disciplinary acti on for an employee’s inappropriate or distasteful social media posts, you should beware. The Nati onal Labor Relati ons Board (“NLRB”) has expanded its foothold in regulati ng such conduct. Indeed, on August 18, 2011, and, again, on January 24, 2012, the NLRB’s Acti ng General Counsel issued two reports addressing twenty-eight diff erent cases that shed light on when it is lawful and unlawful under the Nati onal Labor Relati ons Act (“the Act”) to discipline employees for social media acti viti es, such as posti ng comments on Facebook and Twitt er.

The Act, dati ng back to 1935, limits the way employers may react to workers in the private sector who seek to create labor unions, engage in collecti ve bargaining, or who take

other forms of concerted acti vity in support of their demands. Because the Act covers most private-sector employees, the NLRB’s report has implicati ons for most all employers, regardless of whether or not the workplace is currently unionized.The reports focus on two secti ons of the Act:

(1) Secti on 7 – precluding an employ-er from engaging in conduct that would be viewed as interfering with “protected concerted acti vity,” which means employee acti vity pertaining to the terms and conditi ons of employment on behalf of a group of employees (as opposed to on behalf of the individual employee); and

(2) Secti on 8(a)(1) – precluding employer from enacti ng policies that restrain an employee’s right to engage in protected concerted acti vity.

And, the reports underscore two main points:

(1) Employer policies should not be so sweeping that they prohibit the kinds of acti vity protected by the Act, such as the discussion of wages or working conditi ons among employ-ees; but

(2) An employee’s comments on social media typically carry no protecti on if they are “gripes” made solely on his or her own behalf, and involve no sharing of common concerns.

Does Social Media Acti vity Fall Under the Protecti on of the NLRA?

Yes, it may. The Act says that employ-ees have the right to engage in concerted acti viti es for the purpose of collecti vely bargaining for changes in the terms and conditi ons of employment. So what does this mean? Believe it or not, this means that covered employees who com-plain about their workplace using a very public social media forum may be legally protected from discipline. They can Facebook, Tweet, or blog their grievances without recourse, so long as the acti vity can be deemed to have been engaged in with the objecti ve of initi ati ng or inducing change in the workplace on behalf of a group of employees. The reports off er several examples of protected employee conduct uti lizing social media. Among others:

A. Employees complaining to each other via Facebook (with expleti ves) about their employer’s tax withhold-ing practi ces;

Holy Tweet!”- #AngryWrkr2012: What Can an Employer Do When a Disgruntled Employee Takes to Social Media to Air His Complaints?Tracey Ellerson, Partner at Baker Hostetler LLP / tellerson@bakerlaw.com

Tiffany Cummins, Associate at Baker Hostetler LLP / tcummins@bakerlaw.com

// CONTINUED >

B. Employees complaining to each other, again via Facebook, about their manager’s atti tude and style, leading one to say that she hated “that place” and could not wait to leave and that it was the manager who brought on a lot of the drama and made it so bad;

C. Aft er learning that she had been transferred to a lower paying positi on, an employee took to Facebook and, using expleti ves, said that her employ-er had “messed up” and that she was “done with being a good employee.” This post led to several more by others, including co-workers, that eventually led one to call for a class acti on;

D. A commission-paid employee post-ing on Facebook pictures and sarcas-ti c commentary criti cizing the inex-pensive manner in which his employer conducted a sales event;

E. An employee passed over for promoti on took to Facebook to complain about the selecti on process and to say that she “was prett y much told the work she had been doing wasn’t worth anything and that she couldn’t do it anymore,” prompti ng a coworker Facebook friend to com-ment that “it would be prett y funny if all the good employees actually quit”;

F. An employee posti ng negati ve comments on

Facebook

about a supervisor (including calling him a “scumbag”), who was investi -gati ng a customer complaint against the employee;

G. Multi ple employees posti ng comments (which included swear words and sarcasm) on Facebook criti cizing the work performance of their coworkers and staffi ng level problems;

In each of the above situati ons, the Acti ng General Counsel said that the conduct was protected under the Act and could not be subject to employer discipline because: (1) the communi-cati ons concerned the terms and conditi ons of employment; (2) the subject of the communicati on was brought to management’s att enti on, or the employee had reason to believe the communicati on would result in a discussion with management; (3) the communicati ons addressed employ-ees’ shared concerns; and (4) the communicati ons were directed at coworkers or discussed with cowork-ers.

Now, let’s think about the employee who feels the need to seek a cleaner workplace by posti ng about it on Facebook. He’s chatti ng about the conditi ons of his employment; perhaps he told his manager about the issue; he could have reason to believe that he may have more

success in enacti ng change for a cleaner work place with support from his colleagues; and yes, he’s communicati ng with a co-worker

who may agree. So, employers may need to think twice before they give him a pink slip.

Does Secti on 7 Give Employees the Green Light to Unleash a Torrent of

Disparaging Remarks By Way of Social Media?

Generally, no. If the commentary is not directed toward co-workers or is not made with the intent to change the terms or conditi ons of employ-ment, then the employee is not engaged in protected concerted acti vity. The reports address several situati ons in which an employee’s use of social media was not protected acti vity. For example, an employee who complained that her employer paid low wages and lacked suffi cient equipment on a senator’s Facebook page was terminated. The Acti ng General Counsel explained that the communicati on was not protected acti vity (and the terminati on was not unlawful) because: (1) the post was not discussed with the employee’s coworkers; (2) the employee did not try to raise the issue with manage-ment, and she did not expect the senator to resolve the problems with her employer; and (3) none of the employee’s coworkers had met or organized any group acti on regarding the subject of the employee’s com-ments. Complaining by yourself about your employer to an outside enti ty that is not a union has never been protected acti vity.

In another case, a reporter created a Twitt er account aft er being encour-aged to do so by his employer. On that account, the reporter criti cized his employer’s copy editors, made comments about area homicides (which were a part of his beat), and criti cized an area television stati on. The Acti ng General Counsel stated the reporter’s subsequent terminati on was not unlawful because the Twitt er posts did not relate to the terms and conditi ons of his employment, and

// CONTINUED >

What Can an Employer Do When a Disgruntled Employee Takes to Social Media to Air His Complaints?, cont.

the reporter did not seek to involve coworkers – both of which are required for acti vity to be protected under the Act.

Does Secti on 7 Give All WorkersProtecti on?

No, not all workers. Assuming an employer is covered by the Act, diff erent rules apply, and diff erent acti ons are warranted, depending on an employee’s positi on. Supervisors, for instance, are not employees covered under the Act. Thus, their social media acti vity carries no protecti on under the Act.

Can Employers Enact Policies That Restrict Their Employees’ Use of Social Media?

Yes, but the policy should be nar-rowly defi ned, off ering plenty of examples of inappropriate conduct, and tailored to the employer’s business.

As part of his reports, the Acti ng General Counsel touched on the propriety of diff erent social media policies, fi nding, in virtually every case, that some porti on violated the Act. These reports left open the questi on whether any social media policy would ever be found lawful by the Acti ng General Counsel. Fortu-nately, for employers, on May 30, 2012, the Acti ng General Counsel issued a third report, solely focusing on, and analyzing the propriety of, seven employer’s social media policies. Of these seven policies, he found one to be lawful in its enti rety. In doing so, the Acti ng General Coun-sel off ered employers with clearer guidance in connecti on with the

regulati on of this evolving area of the law.

An employer violates Secti on 8(a)(1) of the Act if it maintains a policy that “would reasonably tend to chill employees in the exercise of their Secti on 7 rights.” To determine whether a rule would have such an eff ect, the Board follows a two-step inquiry. A rule is unlawful if it explicitly restricts a Secti on 7 acti vity. If a rule does not explicitly restrict a Secti on 7 acti vity, it violates Secti on 8(a)(1) only if:

1. The rule is promulgated in response to union acti vity; or

2. The rule has been applied to restrict the exercise of Secti on 7 rights; or

3. Employees would reasonably construe the language of the rule to prohibit Secti on 7 acti vity.

The Acti ng General Counsel focuses, by far, most of his att enti on on this third prong. Indeed, each of his reports addresses specifi c social media policy provisions which he deems ambiguous and violati ve of the Act because they uti lize broad terms without qualifi cati on or explicati on. These broad terms, he concludes, could reasonably reach criti cism of terms and conditi ons of employment.

For instance, one employer’s social media policy limited employee discussion of terms and conditi ons of employment to discussions conduct-ed in an “appropriate” manner, thereby prohibiti ng, albeit implicitly, “inappropriate” discussions.

Because the policy made no att empt to defi ne the term, “appropriate,” the Acti ng General Counsel stated that employees might reasonably infer that comments criti cal of management would be considered “inappropriate” and forbidden, even though the policy expressly stated that it would not be interpreted to interfere with the employees’ right to parti cipate in concerted acti vity. The Acti ng General Counsel thus concluded that the social media policy was unlawfully overbroad.

Nevertheless, in approving one social media policy in his May 30th report, the Acti ng General Counsel makes clear that employers may lawfully: A. Prohibit Inappropriate Posti ngs. In his prior reports, the Acti ng General Counsel concluded that employers’ prohibiti ons of “inappro-priate posti ngs,” “off ensive, demean-ing, abusive or inappropriate re-marks,” or “objecti onable or infl ammatory” topics were, without more, unlawful because they were too vague and could be miscon-strued by employees to protect robust, but protected, communica-ti ons about unionism or working conditi ons. In the May 30th report, however, the Acti ng General Counsel found that a policy prohibiti ng “inappropriate posti ngs” withstood scruti ny because it contained qualify-ing language. Indeed, in this policy, the employer stated specifi cally that inappropriate posti ngs “that may include discriminatory remarks, harassment and threats of violence or similar inappropriate or unlawful conduct” would not be tolerated.

What Can an Employer Do When a Disgruntled Employee Takes to Social Media to Air His Complaints?, cont.

// CONTINUED >

What Can an Employer Do When a Disgruntled Employee Takes to Social Media to Air His Complaints?, cont.

B. Protect Confi denti ality. In his prior reports, the Acti ng General Counsel repeatedly criti cized policies that required employees to maintain confi denti ality as unlawfully over-broad because they could be read to prohibit employees from collecti vely discussing compensati on or unsafe working conditi ons. By contrast, in the May 30th report, the Acti ng General Counsel found lawful a policy that limited the scope of confi denti al-ity to “the Employer’s trade secrets and private and confi denti al informa-ti on,” and then provided the following examples:

“Trades secrets may include informa-ti on regarding the development of systems, processes, products, know-how and technology. Do not post internal reports, policies, procedures or other internal business-related confi denti al communicati ons.” C. Invite “Respectf ul,” “Fair And Courteous”Conversati ons. According to the Acti ng General Counsel, pleas for politeness, without more, may serve to chill Secti on 7 acti vity, which someti mes involves impolite content. However, the approved policy found in the May 30th report avoids such a trap by explaining that being respect-ful, fair and courteous means not posti ng social media content that is: (i) “malicious, obscene, threatening or inti midati ng;” (ii) “harassing or bullying;” (iii) “meant to intenti onally harm someone’s reputati on;” or (iv) “could contribute to a hosti le work environment on the basis of race, sex, disability, religion or any other status protected by law or company policy.”

The Acti ng General Counsel’s May 30th Report thus makes clear that the

key, when draft ing social media policies, is to provide suffi cient examples of egregious or inappropri-ate conduct so that that they cannot be reasonably construed to cover protected acti vity.

What Can Employers Take Away From The Three Reports?

Employers should consider the following:

A. Review and modify existi ng social networking policies to comply with these requirements.

B. Train supervisors and managers on the requirements of the law so that they do not create liability by wrong-fully reacti ng to protected employee behavior.

C. Profanity generally will not justi fy discipline for protected concerted acti vity. Having said that, threats of violence or harassment implicati ng race, religion, or sex, for example, are not protected. So, if an employee posts, tweets or blogs in a manner so as to infringe on such protected classifi cati ons, the employer can, and should, take acti on.

D. Concerted acti vity about the company or its employees does not lose its protected status just because a statement is false or defamatory; the statement must be maliciously false to lose its protected status under the Act which means the employee must

make the statement actually knowing that it is false or with reckless disre-gard for whether the statement is true. The mere fact that a statement is false, misleading or inaccurate is insuffi cient to demonstrate that it meets the maliciously false standard.

E. Policy provisions concerning social media usage should not be overly broad and should (i) contain disclaim-er language that the “policy will not be construed or applied in a manner to limit employees’ rights under Secti on 7 of the NLRA,” and (ii) off er examples of clearly illegal or unpro-tected conduct such that they would not be reasonably be construed to cover protected acti vity.

F. Policy provisions concerning social media usage should state and serve a legiti mate business purpose.

G. As with all employment policies, social media policies should be applied and enforced consistently.

This area of the law is desti ned to become increasingly complex and diffi cult for employers to balance company rights and interests with those of their employees.

HR COUCHCOUCHDr. Mimi Hull, Hull & Associates

Dear Dr. Mimi:I am new to management and new to this department which is full of pessimists and naysayers. What can I do to help? — Positive Pat

??

Dear Positive Pat:Negative people are often craving attention and so it is important to show them respect. You have an advantage being new because they are to share their perspectives with you. Let them do so.

Give each person a chance to tell you what is working and what is not. Listen but be careful not to agree. It is important to note that naysayers can have their points. Look for the reality in the naysayers’ arguments and ask for positive suggestions. When they are positive, or even neutral, show additional appreciation for their input.

By doing this you are having them become part of the solution and can hold them accountable for helping to resolve the issues that they bring up. You always hear me say, “People support what they help create” and they really do.

Most importantly, don’t catch the negativity virus. Find a positive person that you can seek out when the negativity gets to be too much. — Dr. Mimi

??

Dear HUH:You are not alone. Most people have had training on other forms of communication but not listening. By recognizing you have a problem, your chance of improving is increasing!

If I had to give you one thing to do, it would be to pay attention. We live in a world of distractions. Work to reduce them. Do not try to multitask when someone is talking. It just doesn’t work. Give the speaker your full attention, which at first will be painful to do.

Learn your listening Style. Do you know what you lis-ten for and what you tune out? If not consider taking our Personal Listening Profile. Simply by discovering your listening style will give you tremendous insights into your listening strengths and challenges.

Listen to body language. There are a couple effective tools to remember about body language. If the body language and the words are incongruent, the body language is probably more accurate. Be sure to catch the speaker’s eye and then break the contact with a polite nod of your head. This shows that you are inter-ested and paying attention.

Play the listening mind game. Try accumulating as much information as possible without revealing any-thing about yourself. This game will teach you to avoid thinking about your own stories and opinions while the speaker is talking. The greatest gift you can give another is your undivided attention. — Dr. Mimi

Dear Dr. Mimi:I am a poor listener. I know it. Even, my wife tells me so! Now my employees are complaining and as much as I would like to tell them they are wrong, they are not! My mind wanders and I forget what was said or even worse, I interrupt people and start telling my story. It is a bad habit but one I really need to fix. Do you have any helpful hints? — Huh???

HR COUCHCOUCH, cont., cont.Dr. Mimi Hull, Hull & Associates

Dr. Mimi Hull is the owner of a training and con-sulting firm that helps leaders improve organiza-tional and personal performance. Do you need advice on unruly employees, or help with a con-flict at work? Here is your chance to receive valu-able advice from a licensed professional! ADDRESS YOUR QUESTIONS TO: Hull & Associates, ATTN: Dr. Mimi Hull // 225 S. Swoope Ave., Suite 210 //

Maitland, FL 32751 // DrMimi@hullonline.com

??Dear Dr. Mimi:We are about to embark on a strategic plan-ning process. Are there any particular types of people that should include? We have too many people to include everyone and yet I don’t want to leave out an important person. How do I begin to choose? —Confused

??

Dear CONFUSED:We have found that a successful strategic team can best be compared to a sports team, where you gather people who assume key positions in a game.

First and foremost you need a facilitator or a coach. They can be helpful in determining what it will take for the plan to be successful. Your facilitator is a person who can be a neutral but who has lots of experience developing strategic plans and helping groups come to decisions. If there is no one in your organization who can take on this role, consider hiring an outside person.

When we facilitate the planning process, we have found that if we get a variety of types of people who can play various positions, the process is most effective.

You want to be sure to have a “dreamer” who is not stuck in “but we have always done it this way.” They may have wild and crazy ideas but they really are good at getting people to “get out of the box.”

Recruit an “explorer “ to your team who will research what others in the field are doing and what has been done historically.

Add a “realist” who can predict what problems may occur that could derail your plan. These people are often skeptics who question the feasibility of the ideas.

Be sure to include a “champion” who will shepherd the plan once it is created. These people will make sure that the plan happens. They will keep it front and center.

Ultimately, you will need “Doers” who will take the ball and run with it and make the plan a reality. They don’t want to be on the beginning stages but like to be informed as what are the expectations once the plan is implemented.

By having a cross functional team you will cover your bases, enlighten your blind spots and be able to create a more potent plan. — Dr. Mimi

I just returned from the SHRM 2012 conference in Atlanta, Georgia. I attend-ed many of the social media recruiting sessions and visited the booths of the vendors who were demonstrating new social media recruiting tools. Many of these tools and strategies use Facebook and its mystic powers to hopefully help employers brand, extract or converse with passive candidates and get them to join their wonderful companies.

Most of the sessions and demonstra-tions and marketing brochures start with the fact that Facebook has almost 900 million members so you have to be recruiting in this space or you’re missing the boat.

Really?

Most likely, you are on Facebook and enjoy sharing thoughts and pictures with your friends and family. How far would you be willing to go to open up yourself and your FB friends to either be recruited or utilize your friends to help your employer (ERP) find talent? In my opinion, many of you want and will keep Facebook off limits. After all, isn’t the reason Facebook growth is so large because it gave us all a common plat-form to keep up with friends and family and to “get out of the office” and have personal time?

I wish I could find a ton of data support-ing Facebook as a viable recruiting vehi-cle, but it just doesn’t exist. It’s not that companies are not hiring people they find on Facebook, it’s just not the “go to” source when companies are really looking for talent in a short period of time. Could it possibly be that many

Facebook users want it that way? If someone is looking for a job, why not use job boards and LinkedIn? After all, if Facebook is the social network for friends and family, aren’t job boards the place job seekers and job curious gath-er? We do have statistics on this and they overwhelming show the top three external hiring sources are referrals, job boards and career sites.

Keep in mind, if all the Facebook recruit-ing products that are on the market today work, a Facebook account will no longer be just for friends and family. It will be bombarded by job requests, referral requests and will open up all users FB friends to technology that automatically will recruit them 24/7.

Facebook is great for employment branding (pictures, videos, etc.) and posting jobs on their Facebook company career pages. Potential candidates can “like” your FB career page and that allows you to communicate with them without seeking them out first. Most employers gather those names and then use LinkedIn to filter them against job openings they may have open. Spending time and money getting your Facebook career page optimized will work well over time. The employer controls the content and the message.

The big question for you as an employer and a Facebook user; are you ready to hit the “Allow” button permission to access your information as well as post and email on your behalf?

ROGER LEAR, President of OrlandoJobs.com and Lear & Associates, has long been a leader in the executive search and internet recruiting industry. Since 1987, he has recruited for some of the finest companies in Central Floridaand around the nation. Reach him at: Roger@OrlandoJobs.com.

RECRUITING BYTESRECRUITING BYTESWill potential candidates open up Facebook so you can recruit them or do most consider Facebook for friends only?Roger Lear, OrlandoJobs.com

Misconceptions flourish about personal branding, and what actu-ally goes into a brand statement. Your personal brand statement is not a lackluster job description lacing together your functional areas of expertise. Instead, it rep-resents your promise of value to your next employer, and it should generate attraction. It needs to integrate your hard skill sets with your softer ones, indicating who you are and how you use those skills to make things happen.Branding is not a passing fad. In fact, the process of identifying what differentiates you from your competition has been part of job search, career marketing, and resume development for decades. What is personal branding, really? Simply put, branding in job search is a way to uncover, define, and communicate your unique ROI (Return on Investment) value to your target employers, based on their needs.

Understand first that we all already have a personal brand or reputation. Everyone is known for their own unique set of strengths, passions and characteristics, those things that drive us at work and in life. Maybe you haven’t thought about the defining attributes that differentiate you from everyone

else? Spend some time uncover-ing your personal brand. Have the courage to embrace the things that make you unique. What dis-tinguishes you from your peers is exactly the message that will hit home with the decision makers you are trying to influence.

If you are not actually an expert in your field, do not mislead people in your brand messaging. When push comes to shove, you will not be able to live up to the expectation and then you will have blemished your reputation by bragging embel-lished claims. You may call brand-ing “boasting about yourself,” but it is really all about being truthful about the best you have to offer. If you have accomplished great things, you would be prudent to let your target employers know about it, without exaggeration.

To put your brand to work for you in your job search, you will need to pull together all the pieces that make up your value proposition in the marketplace. A vibrant person-al brand statement makes it that much easier for those considering you to get an indication of wheth-er you will be a suitable fit for their organization. Your personal brand statement should become part of your online

and offline career marketing com-munications, at the top of your resume or career bio and in your online profiles. And do not forget to “brand-charge” your email sig-nature by including a condensed version as a tagline.

Take the time to do the authentic branding work and bring out the personal. Don’t be afraid to be you, generate chemistry and differenti-ate yourself in your resume, LinkedIn profile, and all other career marketing communications. Emphasize the things that make you the best hiring choice for your target employers. Distinction cap-tures attention and resonates much better than likeness ever will.

For more information about improving your personal brand, call 407-771-4141, ext. 247; or email choffman@newland-associates.com.

If you want more information about Newland Associates’ career and other talent management services, please call 407.771.4141, ext. 240, or visit www.Newland-Associates.com.

YOUR CAREER PARTNER CAREER PARTNERCareer and Job Search Tips for HR Pros

PERSONAL BRANDINGCheryl Hoffman, Certified Career Coach at Newland Associates, a CPI Partner

As we gather for the annual CFHRA networking event and look forward to the HR Florida confer-ence in August many of us stum-ble when it comes to networking. Most of us got into HR because, “we love working with people” and can communicate with all types of individuals very well. Yet, for some when it comes to having a conversation with someone they don’t know, it becomes awkward.

Many of us go to networking events to meet people in order to expand our networks, to learn about new positions of interests with a different company or to generate new business. Sometimes we go to interact with our colleagues in a less formal set-ting to simply catch-up.

For those who may need to jump-start their networking strategy, I offer the following tips:

First, don’t think you have to con-quer the event by meeting every-one. A good goal may be to meet at least 3 new people. Make your goal achievable so that you feel good about your outcome at the end of the event.

Master the 3 foot rule of network-ing – talk to those individuals who come within 3 feet of you. Think of it as a dance. People move around the “dance floor” so you

will have many opportunities to chat with folks that wind up within your 3 foot range.

Another way to look at the room in which the networking event is being held is to think of it as a baseball diamond. Your goal of the event is to “run the bases” and meet three new folks...one on first, one on second and one on third. This also gets you moving around the room so that you don’t stay in one place all night, something that typically happens if you feel you aren’t good at networking.

Create a role for yourself. Think about how you want to introduce yourself and the takeaway from those you meet. The intro should reflect the whole reason you decided to attend.

Let your face and body know that you are approachable.

People like to talk about them-selves. Good first questions include; asking someone what brought them to the event; what do they do in their profession; where do they work; what kind of HR work do they enjoy most. Or if they are looking for a new posi-tion, what is an ideal role for them. Hopefully as the person answers the questions, they will ask you a question and behold, a conversation is born.

Have you read a good business book or article? Has there been important HR related legislation recently passed? These are all good starting points for conversa-tion....Have you read. XYZ.? What do you think about XYZ.? How will XYZ legislation affect your busi-ness? Or you may just simply ask, what are the top three challenges your business is facing today? Chances are your employer may be facing some of these same challenges and you can then share best practices or just troubleshoot some solutions.

Networking events are places to interact with people. Hopefully the tips above give you some ideas of how to approach a networking meeting so that you enjoy the time and meet your expectations.

PEARLS OF WISDOM WISDOMNETWORKING:How to Maximize the TimeGina Hall, SPHR / Gina Hall HR Consulting, LLC

GINA HALL, SPHR

With more than 20 years experience in Human Resources, Gina Hall, SPHR, has her own HR Consulting business focusing on Recruiting, Coaching, Training and Outplacement Services. She can be found at www.ginahallhrconsulting.com.